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United States v. Kayser-Roth Corporation
Issue:
Whether the parent corporation and sole shareholder of its subsidiary, is responsible for cleanup and response costs generated at least in part by a spill of a hazardous substance on its subsidiaries property. ... has expired and its parent corporation Kayser- Roth received Stamina Mills assets and assumed all liabilities and obligations. The two corporations shared common officers and directors appointed by Kayser-Roth, also known as interlocking directors. ...
To be held directly liable as an operator the courts have considered a number of factors: whether the corporation or person had the capacity to discover in a timely fashion the release or threat of release of hazardous substances; whether the person or corporation had the power to direct the mechanisms causing the release; and whether the person or corporation had the capacity to prevent and abate damages.
Approximate Word count = 678
Approximate Pages = 2.7
(250 words per page double spaced)
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