1. Generally, what requirements must be proved in order to establish a party%u20

ID: 77628 • Letter: 1

Question

1. Generally, what requirements must be proved in order to establish a party%u2019s liability under CERCLA?

2. What is the appropriate standard for determining whether an individual or party qualifies as an %u201Coperator%u201D under CERCLA? Discuss the importance of actual control versus the authority to control in your answer.

3. Looking at the Big Time landfill, who should be liable under CERCLA for the landfill%u2019s cleanup and remediation? Identify all potentially liable parties and whether they qualify as an %u201Coperator,%u201D %u201Carranger%u201D or %u201Ctransporter%u201D under CERCLA.

4. Should Big Time%u2019s officers, Mike and Joe Watch works, be held liable as %u201Coperators%u201D under CERCLA? Would your answer change if they did not hold executive positions for Big Time or controlled Big Time%u2019s shares? What about Big Time%u2019s attorney and accountant? Why or why not?

5. Should CERCLA continue to utilize the principle of %u201Cstrict liability?%u201D Why or why not?

6. Discuss the elements of a response plan that you would have enacted for Big Time, prior to commencement of its landfill operations.