Is a fiduciary’s liability limited under CERCLA and the Texas SWDA?

Yes.  The fiduciary liability exemption limits the liability of fiduciaries to the assets held in a fiduciary capacity.  That is, fiduciaries, even those who might otherwise be deemed “owners” under CERCLA and the Texas SWDA, generally cannot be held personally liable under CERCLA. 

However, a fiduciary may still be held personally liable for his negligent acts that cause or contributes to the release of threatened release of hazardous substances.  The SWDA has a similar provision related to fiduciaries.

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