Allocating Liability Under Superfund – What Buyers, Sellers and Their Attorneys Need to Know

Monday, January 1st, 1990 at 12:00 am by Kenneth Berlin
Kenneth Berlin, Allocating Liability Under Superfund – What Buyers, Sellers and Their Attorneys Need to Know, 1990 Colum. Bus. L. Rev. 507

It is crucial in evaluating a business transaction for a party to the transaction to understand (a) whether it is acquiring liabilities for environmental cleanup; (b) what those liabilities are; (c) whether there are other PRPs who will share in the cost of cleanup; and (d) when each PRP will pay its share of the costs. It is only after each of these factors is evaluated that a business can make an intelligent judgment about whether these liabilities can be accommodated within the transaction or whether they make the transaction untenable.

Author Information

Partner, Winthrop, Stimson, Putnam & Roberts, Washington, D.C.; B.A. 1969, University of Pennsylvania; J.D. 1973, Columbia University School of Law.