The Sad State of the Policy Debate
Over the last decade and a half, the Superfund policy debate has assumed all the characteristics of what sociologists might call a…
Editors' Summary: For over three years, Congress has been trying to reauthorize and revise CERCLA. Reauthorization bills introduced in the 103d, 104th, and 105th Congresses have proposed…
One of the more daunting tasks facing environmental practitioners over the past decade or two has been the recovery of cleanup costs and related relief at sites contaminated with petroleum…
Editors' Summary: CERCLA §107 contains a third-party affirmative defense provision for owners of hazardous waste sites who exercised due care. Despite the abundance of CERCLA litigation, until…
Although the 104th Congress did not begin officially until January 4, 1995, its significance was apparent as soon as the polls closed on November 8, 1994. When the votes were tallied, Republicans…
Editors' Summary: CERCLA §113(h), with some exceptions, prohibits legal challenges to response actions until the cleanup at a Superfund site is completed. While the section's sponsors hoped to…
Buried deep within the several thousand page Omnibus Consolidated Appropriations Act signed by President Clinton in the waning days of the 104th Congress are the first significant amendments in a…
Are you going to hang him anyhow—and try him afterward?1
This is a common reaction after first observing the liability associated with the Comprehensive…
There seems to be agreement across a wide spectrum of those involved in Superfund cleanups that such cleanups should take into consideration the kinds of activities that are expected to take place…
Editors' Summary: Under CERCLA, a liable party cannot transfer its liability, yet it can contractually arrange for a third party to ultimately bear the financial burden of that liability. The…