Jump to main content

Can members of SERCs and LEPCs be sued?

What are the liabilities of members of a state emergency response commission and a local emergency planning committee, if an incident is not handled properly despite following procedures developed and reviewed by those commission and committee members?  Can the individual members be sued and held liable?

The general rule is that persons who serve on government committees have no liability for their actions except for gross negligence.  According to EPA's Office of General Counsel, however, this issue varies from state to state.  Those who wish to know the answer to this question must check with their individual State Attorney General's offices with regard to liability when serving on state emergency response commissions and local emergency planning committees.

Rating:Rating of 2 Stars63 Votes
Was this answer helpful?YesNo
Topic Information
  • Topic #: 23002-14712
  • Date Created: 7/20/2009
  • Last Modified Since: 2/24/2014
  • Viewed: 6205

Jump to main content.

#articleAnswer p { margin: 1em 0; } #articleAnswer ol { float: none !important; margin-bottom: 0 !important; } #articleAnswer ol li { list-style: decimal; margin-left: 30px; } #articleAnswer ul { margin-left: 0 0 0 15px !important; } #articleAnswer ul li { list-style-type: disc; margin-left: 30px; }