CERCLA Defendants: The Problem of Expanding Liability and Diminishing Defenses
Korhonen, Cynthia S. & Smith, Mark W.
Abstract
The Article will first explore the various actions that expose a party to CERCLA liability. Second, this paper will examine the extent of the potential liability. Third, the statutory affirmative defenses that a defendant may assert will be investigated. Finally, the ability of a defendant to decrease any damage awards against him, through apportionment, will be explored.