By Elizabeth Glass Geltman
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OPA). 10 (1994). 52For a general discussion of water resources law, see A. DAN TARLOCK, LAW OF WATER RIGHTS AND RESOURCES (1994). c. § n02(a). 541d. j 2702(b). The Unanticipated Effects of Environmental Law 25 clusion, however, the pollution OPA is designed to address is that resulting from oil exploration activities. As such, judicial constructions of OPA that would limit its application are generally disfavored. OPA specifically creates a private right of action for direct recovery from the polluter, provided the claimants have, with certain permissive exceptions, first presented their claims for cleanup cost recovery or damages to the responsible party.
C. § 9607. of Munster v. , 27 F,3d 1268 (7th Cir. 1994); Kerr-McGee Chemical v. 3d 321 (7th Cir. 1994). c. § 9601(9). c. § 9607(a); Ascon Properties, 866 F,2d at 1152. c. § 9601(9). 94Elf Atochem North America, Inc. v. O. Pa. 1994); United States v. Conservation Chern. , 619 F, Supp. 162, 185 (WO. Mo. 1985); Brookfield-North Riverside Water Comm'n v. S. Oist. LEXIS 2920 at * 16. But see Kane v. 3d 87 (8th Cir. 1994) (house containing asbestos is a "consumer product in consumer use" exempt under CERCLA).
1990). 128Quadion Corp. v. Mache. 738 F. Supp. D. Ill. 1990); Kelley v. , 723 F. Supp. O. Mich. 1989). 40 Recycling Land (5) under the piercing the corporate veil theory, there can be no direct operator liability of shareholders, officers, or directors under CERCLA unless the elements necessary to pierce the corporate veil are met. 129 Most courts subscribe to one of the first four theories and allow direct operator liability under CERCLA without the necessity of piercing the corporate veil. Transporter and Generator Liability Only transporters who accept hazardous substances for shipment and participate in disposal site selection are held liable under CERCLA.