What level of culpability does CERCLA require before authorizing an award of punitive damages against a polluter?

Question

Quizplus · Accepted Answer

CERCLA requires a showing of reckless conduct before authorizing an award of punitive damages against a polluter. Recklessness includes a deliberate indifference or conscious disregard for the known or foreseeable risks of harm posed by the polluting activity. It is a higher level of culpability than mere negligence or unintentional violations of the law. However, intentionality is not required for punitive damages under CERCLA.

What Level of Culpability Does CERCLA Require Before Authorizing an Award