Superfund Contractor Indemnification: A Cure in Search of a Disease

August 1990
Citation:
20
ELR 10333
Issue
8
Author
Joel S. Moskowitz

Editors' Summary: Superfund's remarkable growth over the last 10 years has produced the equally remarkable growth of "the Superfund industry": a collection of high-technology companies and consultants whose business is the cleanup of hazardous waste sites. The industry's success has stemmed in part from the Superfund statute's liability scheme, which has found money in deep pockets to pay the high cost of waste site cleanup. Ironically, that same liability scheme threatens to suck the Superfund industry itself into the vortex of cost recovery litigation.

Or does it? In this Article, the author reviews the history of this issue that many had thought was pivotal. After analyzing the existing law and proposals to reform it, he concludes that the problem may not be as serious as many perceive, and the needed fix may be a modest one.

Joel S. Moskowitz is a partner in the Los Angeles, California, office of Gibson, Dunn & Crutcher. He was formerly in charge of California's Toxic Substances Control Programs and a California Deputy Attorney General in the Environment and Public Resources Sections. He is the author of Environmental Liability and Real Property Transactions (John Wiley, 1989).

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Superfund Contractor Indemnification: A Cure in Search of a Disease

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