Comprehensive Environmental Response Compensation and Liability Act (CERCLA)

Editors' Summary: Institutional controls are a mechanism for providing a certain degree of safety in the absence of technology that could clean contaminated sites thoroughly. Institutional…

Earlier this year in KFC Western, Inc. v. Meghrig, the U.S. Court of Appeals for the Ninth Circuit ruled that private parties may obtain restitution of the costs of cleaning up…

Editors' Summary: Property owners often respond to solid and hazardous waste contamination of their properties by cleaning up the contamination and then seeking reimbursement of cleanup costs…

Editors' Summary: The effect of settlements among private parties in CERCLA contribution suits leaves courts with the choice of allocating liability among the nonsettling parties based on…

One of the most prominent issues in the Congressional debate over reauthorization of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund) has been how to…

When the 103d Congress convened on January 5, 1993, many observers believed that it would make up for the dismal environmental record of its predecessor. The 102d Congress had tried and failed to…

The demise of efforts by a broadly based coalition of stakeholders to reauthorize Superfund in the 103rd Congress leaves the legislative field open for reconsidering all the key assumptions…

Congress will be returning to Washington about the time this Dialogue is published. The Superfund reauthorization bill that did not pass in the last Congress is the natural starting point for the…

In New York v. SCA Services, Inc., the U.S. District Court for the Southern District of New York rejected the notion that a transporter cannot be an arranger under the Comprehensive…

Trustees face possible liability under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) because, as holders of legal title to property, they may be "owners" or "…