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PUHCA companies: Caught by superfund
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PUHCA companies: Caught by superfund
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PUHCA companies: Caught by superfund
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Trade Publication Article
PUHCA companies: Caught by superfund
2003
Overview
The federal Superfund and parallel state laws authorize the government to issue site study and cleanup orders to private parties, government actions against private parties to recover public funds used in site studies and cleanup, and actions between private parties to recover the costs of studies and cleanup. Public utilities are heavily exposed to federal and state Superfunds because these laws impose no fault liability for actions of the distant past that were totally acceptable, even state-of-the-art, when taken. Public utilities become large contributors to the correction of environmental problems that may originally have been created by the actions of may parties. As a result of the Public Utility Holding Company Act simplification process, utility companies now facing cleanup costs are often no longer related to their prior parents, and several public utilities have filed claims securing reimbursement of cleanup costs under the principle of operator liability.
Publisher
Public Utilities Reports, Incorporated
