Harmonizing Insolvency and Sustainability in the Courtroom and the Boardroom

Abstract

This Essay explores the difficulty of holding parties accountable for cleaning up hazardous waste sites once those parties have filed for bankruptcy. After discussing the conflicting goals of environmental regulation and bankruptcy law, this Essay examines how U.S. courts have attempted to reconcile competing policies in these areas. Because existing case law reflects a variety of disparate approaches to resolving these issues, the Essay then considers ways to harmonize bankruptcy and environmental law in both the courtroom and the boardroom.