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Narrowing the Roads of Private Cost Recovery: Recent Developments Limiting the Recovery of Private Response Costs Under CERCLA §107

Editors' Summary: Despite adding the §113(f) "contribution" provision to CERCLA in 1986, Congress did not indicate whether the section was meant to supplement private parties' efforts to recover response costs form other potentially responsib parties's efforts to recover response costs form other potentially responsible parties under CERCLA §107 or was meant to preclude such cost recovery actions. More and more courts that address this issue are requiring plaintiffs to file §113(f) actions.

Centerior Serv. Co. v. Acme Scrap Iron & Metal Corp.

The court holds that potentially responsible parties (PRPs) compelled to initiate a hazardous waste site cleanup are precluded from joint and several cost recovery from other PRPs under Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §107(a), and, thus, are limited to...

Cottrell, Ltd. v. Biotrol Int'l, Inc.

The court holds that a cleaning product company may pursue its Lanham Act claims against a competitor for allegedly making false and misleading representations on its product label. The court first holds that the district court properly dismissed under Fed. R. Civ. P. 12(b)(6) the company's claim th...

Hart v. Bayer Corp.

The court holds that a district court lacked subject matter jurisdiction over crop owners' state-law claims against various pesticide corporations and, thus, the corporations improperly removed the claims to federal court. The court first holds that the Federal Insecticide, Fungicide, and Rodenticid...

Chester Residents Concerned for Quality Living v. Seif

The court holds that a citizen group may maintain a private right-of-action against a state agency under discriminatory effect regulations promulgated by the U.S. Environmental Protection Agency (EPA) pursuant to §602 of Title VI of the Civil Rights Act. The citizen group alleged that a state agenc...

Goshen Rd. Envtl. Action Team v. Department of Agric.

The court holds that a North Carolina town and the U.S. Department of Agriculture (USDA) did not violate Title VI of the Civil Rights Act or the National Environmental Policy Act (NEPA) in connection with the siting of a wastewater treatment facility in an African-American neighborhood. The court fi...

The Food Quality Protection Act: A New Way of Looking at Pesticides

Editors' Summary: In 1996, the Food Quality Protection Act (FQPA) made major changes in the law governing pesticide residues in food, including elimination of the zero-risk standard for carcinogenic food additives. The FQPA instead imposed a new safety standard—a reasonable certainty that no harm will result from aggregate exposure to the pesticide—for establishment of "tolerances" setting maximum allowable amounts of pesticide residue.

NOAA's Latest Attempts at Natural Resource Damages Regulation: Simpler . . . But Better?

Editors' Summary: The debate about the most appropriate procedures and methodologies to conduct natural resource damage assessments (NRDAs) has continued throughout the last decade among agencies and stakeholders. In August 1995, NOAA proposed the most recent set of regulations to govern NRDAs under the Oil Pollution Act. This Article reviews the history of natural resource damages regulations and the 1995 NOAA proposed rule.

Cooper Indus., Inc. v. Agway, Inc.

The court holds that a manufacturer is liable for response costs under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for dumping scrap steel and aluminum at a Superfund site. The court also grants another company's motion to certify for interlocutory appeal wheth...