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Document Type

Article

Media Type

Text

Abstract

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.

First Page

581

Last Page

608

Publication Date

7-1-1996

Department

Other

ISSN

0734-1490

Language

eng

Publisher

Northern Illinois University Law Review

Suggested Citation

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).

Included in

Law Commons

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