World Library  
Flag as Inappropriate
Email this Article

United States v. Bestfoods

Article Id: WHEBN0026151749
Reproduction Date:

Title: United States v. Bestfoods  
Author: World Heritage Encyclopedia
Language: English
Subject: United States environmental law, Hughes v. Oklahoma, Toxicity category rating, Mercury-Containing and Rechargeable Battery Management Act, Migratory bird rule
Collection:
Publisher: World Heritage Encyclopedia
Publication
Date:
 

United States v. Bestfoods

United States v. Bestfoods
Argued March 24, 1998
Decided June 8, 1998
Full case name United States v. Bestfoods, et al.
Citations 524 U.S. 51 (more)
Prior history Reversed in part, 67 F.3d 586 (6th Cir. 1995). Certiorari granted.
Holding
The liability of a parent corporation under CERCLA is to be determined by its control over a subsidiary's facility.
Court membership
Case opinions
Majority Souter, joined by unanimous

United States v. Bestfoods, No. 97-454 (1998), was a case in which the Supreme Court of the United States held that the indirect liability of a parent corporation under CERCLA is to be determined by its control over a subsidiary's facility, rather than the relationship between the corporation and subsidiary.

Background

A chemical manufacturing plant developed a significant pollution problem after many years of operation. The companies in charge of operations at the plant were wholly owned subsidiaries of, first, CPC International Inc. (CPC). Following ownership by CPC, the chemical manufacturing plant was owned by Aerojet- General Corp (Aerojet). In 1981, the Environmental Protection Agency ordered to have the site cleaned up. To reimburse the cleanup, the federal government filed suit under Section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), 42 U.S.C. Section 9607(a)(2). Section 107 grants the federal government permission to seek reimbursement for cleanup costs from "any person who at the time of disposal of any hazardous substance owned or operated any facility."

Question Before the Court

Can the parent corporation that exercised control over the operations of a subsidiary be held liable under CERCLA Section 107(a)(2)?

Decision of the Court

In a unanimous decision in favor of the United States, Justice Souter wrote the opinion of the Court. The Court noted that, "But a corporate parent that actively participated in, and exercised control over, the operations of the facility itself may be held directly liable in its own right as an operator of the facility."[1][2]

References

  1. ^ "United States v. Bestfoods - 524 U.S. 51 (1998)". The Oyez Project: Chicago-Kent College of Law. Retrieved 10 October 2013. 
  2. ^ "United States v. Bestfoods - 524 U.S. 51 (1998)". Justia. Retrieved 10 October 2013. 

See also

External links

  • Text of United States v. Bestfoods, 524 U.S. 51 (1998) is available from:  Findlaw  Justia 



This article was sourced from Creative Commons Attribution-ShareAlike License; additional terms may apply. World Heritage Encyclopedia content is assembled from numerous content providers, Open Access Publishing, and in compliance with The Fair Access to Science and Technology Research Act (FASTR), Wikimedia Foundation, Inc., Public Library of Science, The Encyclopedia of Life, Open Book Publishers (OBP), PubMed, U.S. National Library of Medicine, National Center for Biotechnology Information, U.S. National Library of Medicine, National Institutes of Health (NIH), U.S. Department of Health & Human Services, and USA.gov, which sources content from all federal, state, local, tribal, and territorial government publication portals (.gov, .mil, .edu). Funding for USA.gov and content contributors is made possible from the U.S. Congress, E-Government Act of 2002.
 
Crowd sourced content that is contributed to World Heritage Encyclopedia is peer reviewed and edited by our editorial staff to ensure quality scholarly research articles.
 
By using this site, you agree to the Terms of Use and Privacy Policy. World Heritage Encyclopedia™ is a registered trademark of the World Public Library Association, a non-profit organization.
 



Copyright © World Library Foundation. All rights reserved. eBooks from Hawaii eBook Library are sponsored by the World Library Foundation,
a 501c(4) Member's Support Non-Profit Organization, and is NOT affiliated with any governmental agency or department.