Environmental
Apr. 29, 2011
Stormwater Liability Increases for Public Entities
A 9th Circuit opinion puts a heavy burden on the entities responsible for discharging contaminated stormwater. By Thomas H. Clarke Jr. of Ropers Majeski Kohn & Bentley.
Federal and common law causes of action that are used by plaintiffs to address alleged contamination have a variety of schemes for assessing liability. For example, the federal Comprehensive Environmental Response, Compensation & Liability Act (CERCLA) is built around status. If one is a current owner or operator of the impacted property, a past owner or operator at the time of the release, an arranger for the disposal of a hazardous s...
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