Case Questions: United States v. Bestfoods

Read the case excerpt for United States v. Bestfoods

1. In what ways can operator liability attach to a parent corporation? How did the Sixth Circuit Court disagree with the district court's analysis?

2. Is direct liability for a parent company's operation of the facility distinct from derivative liability for the subsidiarys operation of the facility? Should the focus be on parent and subsidiary or on parent and facility?

3. What norms of corporate behavior does the court look to in determining whether an officer or a director is involved in the operation of a facility?