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WHISTLING PAST THE WASTE SITE: DIRECTORS' AND OFFICERS' PERSONAL LIABILITY FOR ENVIRONMENTAL DECISIONS AND THE ROLE OF LIABILITY INSURANCE COVERAGE.

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  • Source:
    University of Pennsylvania Law Review, 1991/11/01, Vol: 140, p241
  • Additional Information
    • Author:
      WILLIAM SCOTT BIEL
    • Citation:
      140 U. Pa. L. Rev. 241
    • Copyright:
      Copyright (c) 1991 The Trustees of The University of Pennsylvania
    • Abstract:
      INTRODUCTION Federal statutes imposing liability for hazardous waste cleanup costs raise numerous issues directly affecting the personal liability of directors and officers ("D&Os"). The most important issues of concern to D&Os are liability and funding. The liability issue deals with who will bear the cleanup costs; the funding issue deals with how those costs will be financed. Courts have resolved the liability issue with the apparently simple rule that under the Resource Conservation and Recovery Act of 1976 (RCRA) 1 and the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), 2 "the 'polluter pays.'" 3 The issue of funding, on the other hand, has not been so easily resolved; determining how costs are to be financed often balances on how a court interprets the coverage provided by an insurance contract. The problem underlying the funding issue is a basic flaw in the notion that "the polluter pays." Although such a notion is appealing in that it furthers the goals of expediting the cleanup process and reducing the amount of hazardous waste costs borne by taxpayers, it arguably hinders the cleanup process by raising the costs associated with a complicated litigation/settlement process. 4 The strict, retroactive, and joint and several liability of "the polluter pays" notion negates the relevance of cautionary steps taken by individuals. Because strict liability is imposed without regard to willfulness or negligence and retroactive liability is imposed for actions legally acceptable prior to the standard of care established under CERCLA, liability for environmental cleanup approaches ...
    • Subject Terms:
    • Keywords:
      environmental
      comprehensive
      compensation
      conservation
      introduction
      established
      willfulness
      individuals
      retroactive
      complicated
    • Accession Number:
      edslexC57DF177
  • Citations
    • ABNT:
      BIEL, W. S. Whistling past the Waste Site: Directors’ and Officers’ Personal Liability for Environmental Decisions and the Role of Liability Insurance Coverage. University of Pennsylvania Law Review, [s. l.], v. 140, p. 241, 1991. Disponível em: http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edslex&AN=edslexC57DF177&custid=s8280428. Acesso em: 8 jul. 2020.
    • AMA:
      BIEL WS. Whistling past the Waste Site: Directors’ and Officers’ Personal Liability for Environmental Decisions and the Role of Liability Insurance Coverage. University of Pennsylvania Law Review. 1991;140:241. http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edslex&AN=edslexC57DF177&custid=s8280428. Accessed July 8, 2020.
    • AMA11:
      BIEL WS. Whistling past the Waste Site: Directors’ and Officers’ Personal Liability for Environmental Decisions and the Role of Liability Insurance Coverage. University of Pennsylvania Law Review. 1991;140:241. Accessed July 8, 2020. http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edslex&AN=edslexC57DF177&custid=s8280428
    • APA:
      BIEL, W. S. (1991). Whistling past the Waste Site: Directors’ and Officers’ Personal Liability for Environmental Decisions and the Role of Liability Insurance Coverage. University of Pennsylvania Law Review, 140, 241.
    • Chicago/Turabian: Author-Date:
      BIEL, WILLIAM SCOTT. 1991. “Whistling Past the Waste Site: Directors’ and Officers’ Personal Liability for Environmental Decisions and the Role of Liability Insurance Coverage.” University of Pennsylvania Law Review 140 (November): 241. http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edslex&AN=edslexC57DF177&custid=s8280428.
    • Harvard:
      BIEL, W. S. (1991) ‘Whistling past the Waste Site: Directors’ and Officers’ Personal Liability for Environmental Decisions and the Role of Liability Insurance Coverage’, University of Pennsylvania Law Review, 140, p. 241. Available at: http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edslex&AN=edslexC57DF177&custid=s8280428 (Accessed: 8 July 2020).
    • Harvard: Australian:
      BIEL, WS 1991, ‘Whistling past the Waste Site: Directors’ and Officers’ Personal Liability for Environmental Decisions and the Role of Liability Insurance Coverage’, University of Pennsylvania Law Review, vol. 140, p. 241, viewed 8 July 2020, .
    • MLA:
      BIEL, WILLIAM SCOTT. “Whistling Past the Waste Site: Directors’ and Officers’ Personal Liability for Environmental Decisions and the Role of Liability Insurance Coverage.” University of Pennsylvania Law Review, vol. 140, Nov. 1991, p. 241. EBSCOhost, search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edslex&AN=edslexC57DF177&custid=s8280428.
    • Chicago/Turabian: Humanities:
      BIEL, WILLIAM SCOTT. “Whistling Past the Waste Site: Directors’ and Officers’ Personal Liability for Environmental Decisions and the Role of Liability Insurance Coverage.” University of Pennsylvania Law Review 140 (November 1, 1991): 241. http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edslex&AN=edslexC57DF177&custid=s8280428.
    • Vancouver/ICMJE:
      BIEL WS. Whistling past the Waste Site: Directors’ and Officers’ Personal Liability for Environmental Decisions and the Role of Liability Insurance Coverage. University of Pennsylvania Law Review [Internet]. 1991 Nov 1 [cited 2020 Jul 8];140:241. Available from: http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edslex&AN=edslexC57DF177&custid=s8280428