Asked by Carter Brown on May 12, 2024
Verified
BioChem Corporation operates a hazardous waste storage facility. ChemCo Inc. buys BioChem before it is discovered that the firm's disposal practices violated CERCLA. With respect to these violations, Superfund is likely to impose on ChemCo
A) strict liability.
B) liability under the nuisance doctrine.
C) liability on a negligence theory.
D) no liability.
CERCLA
Comprehensive Environmental Response, Compensation, and Liability Act; a federal law designed to clean up sites contaminated with hazardous substances.
Hazardous Waste
Waste material that can pose a threat to public health or the environment due to its toxic, corrosive, ignitable, or reactive properties.
Superfund
A program by the U.S. federal government aimed at financing the remediation of locations polluted with hazardous materials and substances.
- Comprehend the principles of liability concerning environmental pollution and waste management.
- Identify the consequences of non-compliance with environmental laws and regulations, including fines, injunctions, and liability.
Verified Answer
JJ
Ja'Quaris JamisonMay 19, 2024
Final Answer :
A
Explanation :
Under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), liability for environmental contamination is strict, retroactive, and joint and several. This means that ChemCo Inc., as the new owner of BioChem Corporation, can be held liable for the cleanup of hazardous waste even if it did not cause the contamination.
Learning Objectives
- Comprehend the principles of liability concerning environmental pollution and waste management.
- Identify the consequences of non-compliance with environmental laws and regulations, including fines, injunctions, and liability.