Caught in the CERCLA web. [Comprehensive Environmental Response, Compensation and Liability Act]

Interest in controlling hazardous wastes has created an unprecedented expansion in the potential for liability. Toxic waste laws strike close to home when a corporate officer finds himself personally liable for violations. The CEO of an independent energy company recently expressed concern upon learning he could be personally liable for his company's violations of the hazardous waste laws. Because his company had been incorporated, he thought he was shielded from liability for the corporation's obligations. He was wrong. Recent court cases have breached the traditional corporate shield and have underscored the importance of compliance with the hazardous waste laws. Now, in addition to focusing on compliance, the executive, like all independent power company managers, must protect himself from personal liability. This article addresses the personal liability of project managers for hazardous waste violations. The topics of the article include the Comprehensive Environmental Response, Compensation and Liability Act and liability, corporate officer's liability, limiting liability, and preventative measures in strict compliance and expanded indemnification rights.