The EERA, as proposed, would have declared the manufacture, use, transportation, treatment, storage, and release of hazardous substances to be ultrahazardous activities. It would have imposed joint, several and strict liability on the generator as well as the transporter or disposer of hazardous substances unless the discharge, release or disposal in question was caused solely by an act of God or act of war.
Dennis R. Honabach,
Toxic Torts - Is Strict Liability Really the "Fair and Just" Way to Compensate the Victims?,
U. Rich. L. Rev.
Available at: http://scholarship.richmond.edu/lawreview/vol16/iss2/3