MAKING IT A FEDERAL ISSUE: THE UNJUSTIFIABLE EXPANSION OF FEDERAL COMMON LAW TO CORPORATE SUCCESSOR LIABILITY UNDER CERCLA

One of the most established principles of Supreme Court jurisprudence is that except in matters governed by the Federal Constitution or by acts of Congress, the law to be applied in any case is the law of the state. There is no federal general common law. Nonetheless, the question of whether to appl...

Full description

Saved in:
Bibliographic Details
Published in:St. John's law review 2009-01, Vol.83 (1), p.427
Main Author: Rotter, Stephanie A
Format: Article
Language:English
Subjects:
CERCLA 1980-US
Common law
Corporate liability
Environmental cleanup
Hazardous materials
Natural resources
State laws
Online Access:Get full text
Tags: Add Tag
No Tags, Be the first to tag this record!
Description
Summary:One of the most established principles of Supreme Court jurisprudence is that except in matters governed by the Federal Constitution or by acts of Congress, the law to be applied in any case is the law of the state. There is no federal general common law. Nonetheless, the question of whether to apply federal common law has resurfaced in the context of corporate successor liability under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund or the Act). Part I of this Note explores the background of CERCLA liability, including the history and purposes of the statute, and further identifies the ambiguity in the statutory language. Part II discusses the controlling principles regarding application of federal common law and the extent to which different courts have followed those principles in this context. Part III introduces different theories of corporate successor liability and their relationship to both state and federal common law.
ISSN:0036-2905
2168-8796