Commissioner of Environmental Protection v. Underpass Auto Parts Co.

Summary

The court held that, after finding that the defendants polluted state waters, the trial court was required to order remediation under the commissioner's remediation standards, although it retained equitable discretion over the remediation's precise scope, timing, and financial structure. The existing order was unlawful and unenforceable because it did not specify the required level of compliance and used an inapplicable environmental-hazard standard. The court also held that the responsible corporate officer doctrine did not impose personal liability for the corporate defendants' civil violations of the Aquifer Protection Act, and it reversed for a new trial.