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Open Access. Powered by Scholars. Published by Universities.®

1996

Northern Illinois University Law Review

Contamination

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Full-Text Articles in Law

Lessons In L.U.S.T.: The Complete Story Of Liability For Leaking Underground Storage Tanks, Michael J. Maher, Sheila Horan Jul 1996

Lessons In L.U.S.T.: The Complete Story Of Liability For Leaking Underground Storage Tanks, Michael J. Maher, Sheila Horan

Northern Illinois University Law Review

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.