{"id":34701,"date":"2008-03-26T16:35:41","date_gmt":"2008-03-26T21:35:41","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-legal\/uncategorized\/dissolved-limited-partnership-can-be-liable-under-cercla.html"},"modified":"2008-03-26T16:35:41","modified_gmt":"2008-03-26T21:35:41","slug":"dissolved-limited-partnership-can-be-liable-under-cercla","status":"publish","type":"corporate","link":"https:\/\/corporate.findlaw.com\/law-library\/dissolved-limited-partnership-can-be-liable-under-cercla.html","title":{"rendered":"Dissolved Limited Partnership Can Be Liable Under CERCLA"},"content":{"rendered":"
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A U.S. District Court in Georgia has upheld the right to sue a dissolved limited partnership for contribution under CERCLA. In Canadyne – Georgia Corp. v. Cleveland,<\/i> 1999 WL 787248 (M.D. Ga. Sept. 30, 1999), Canadyne had purchased assets from the defendant limited partnership, which thereafter dissolved. Defendant claimed it could not be a "person" that can be sued under CERCLA since it was dissolved. The court found no requirement in CERCLA that a "person" need be "existing" in order to be sued. "Had Congress intended to exclude dissolved entities from coverage under the Act, it certainly knew how to do so." Furthermore, the Court said that to the extent any state dissolution laws would affect the capacity to be sued, they are preempted by CERCLA. "This language indicates Congress' intent to supercede any rule or law which might otherwise relieve a responsible party of liability under CERCLA, including state laws regarding a limited partnership's capacity to be sued."<\/p><\/div>","protected":false},"excerpt":{"rendered":"

A U.S. District Court in Georgia has upheld the right to sue a dissolved limited partnership for contribution under CERCLA. In Canadyne – Georgia Corp. v. Cleveland, 1999 WL 787248 (M.D. Ga. Sept. 30, 1999), Canadyne had purchased assets from the …<\/p>\n","protected":false},"template":"","meta":{"_acf_changed":false,"_stopmodifiedupdate":true,"_modified_date":"","_cloudinary_featured_overwrite":false},"corporate_categories":[6506,6497],"class_list":["post-34701","corporate","type-corporate","status-publish","hentry","corporate_categories-law-library__environmental-law","corporate_categories-law-library"],"acf":[],"_links":{"self":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate\/34701","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate"}],"about":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/types\/corporate"}],"wp:attachment":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/media?parent=34701"}],"wp:term":[{"taxonomy":"corporate_categories","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_categories?post=34701"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}