This article analyzes liability of owners and operators of underground storage tanks for tank leakage. Theories of liability include the federal Resource, Conservation and Recovery Act ("RCRA"), breach of contract, negligence, negligence per se, res ipsa loquitor, trespass, nuisance, and strict liability. Liability is analyzed in two factual scenarios: liability of past owners/operators to current owners for contamination of the site from prior operations; and liability of tank owners/operators for contamination that migrates off-site to adjoining properties.
Northern Illinois University Law Review
Maher, Michael J. and Horan, Sheila
"Lessons in L.U.S.T.: The Complete Story of Liability for Leaking Underground Storage Tanks,"
Northern Illinois University Law Review: Vol. 16:
3, Article 3.
Michael J. Maher and Sheila Horan, Lessons in L.U.S.T.: The Complete Story of Liability for Leaking Underground Storage Tanks, 16 N. Ill. U. L. Rev. 581 (1996).