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To: didjuneau who wrote (163709)4/16/2006 1:01:48 AM
From: Ilaine  Respond to of 793742
 
Strict liability for environmental pollution does seem draconian, but there's harsher environmental laws than that.

How about absolute liability for property owners? Everybody in the chain of title can be held liable under SARA (Superfund Act) unless they meet the very narrow loophole for innocent people who bought the property after the dump and can prove not only that they didn't know about the dump but also that they had no reason to know.

In the case you linked, Edward Hanousek, only Justices Thomas and O'Connor dissented from the denial of his petition for a writ of certiorari. One more reason to miss O'Connor.
law.cornell.edu