§ 26-7.4. Environmental liability of fiduciaries
A. As used in this section:
"Fiduciary" includes guardians, committees, conservators, trustees, executors, administrators and administrators with the will annexed, curators of decedent's wills, and attorneys-in-fact or agents acting for principals under written powers of attorney; and the singular term includes any combination of individuals, corporations, and other entities serving in those capacities.
"Individual capacity" means the nonfiduciary capacity of any individual, corporation, or other entity serving as a fiduciary.
"Environmental law" means any federal, state, or local law, rule, regulation, or ordinance relating to protection of the environment or human health.
B. As to any property held in trust or in an estate, a fiduciary shall not be considered in its individual capacity to be (i) the "owner" or "operator" of that property as defined under any applicable environmental law or (ii) a party otherwise liable under any environmental law unless the fiduciary's acts or omissions outside the scope of its fiduciary duties constitute conduct that independently would give rise to individual liability.
C. A fiduciary shall not be liable in its individual capacity to any beneficiary or other party for any decrease in value of assets in trust or in an estate by reason of the fiduciary's investigation or evaluation of potential contamination of property held in the trust or estate or the fiduciary's compliance with any environmental law, specifically including any reporting or disclosure requirement under such law.
D. Neither a fiduciary's acceptance of property nor its failure to inspect property shall be deemed to create any implication as to whether or not there is or may be any liability under any environmental law with respect to such property.
E. Nothing in this section shall affect or modify any defense to individual liability under any environmental law available to any fiduciary under any other provision of state or federal law including the common law.
(1994, c. 476; 1997, c. 801.)
Sections: Previous 26-1 26-1.1 26-1.2 26-2 26-3 26-4 26-5 26-5.1 26-5.2 26-6 26-7 26-7.1 26-7.2 26-7.3 26-7.4Last modified: April 3, 2009