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Article Title

CERCLA Derivative Suits

Authors

Primo Fontana

Document Type

Comments

Abstract

Corporations frequently incur liability pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Pursuant to the statute, however, the officers and directors of such corporations cannot be held directly liable. Despite this statutory protection, when corporations violate CERCLA, shareholders may be able to use a derivative suit to hold officers and directors liable based on the corporate actors' fiduciary duty of care.

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