McGrath's latest article published in Corporate Compliance Insights
Charlotte Litigation member Peter McGrath's recent article was published in Corporate Compliance Insights on March 18. The article "Corporate “Successor” Liability" discusses how the courts have long held that The Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) is a remedial environmental statute that should be interpreted broadly to place the cost of swift and effective response to hazardous waste sites on those responsible for creating or maintaining the hazardous condition. Similarly, courts have long understood that liability under CERCLA extends to corporate successors. Congress did not intend for corporations to be able to evade their responsibility by dying paper deaths, “only to rise phoenix like from the ashes, transformed, but free of their former liabilities.” To read the full article, click here.