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Private Cost Recovery Actions Under Cercla
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Book Synopsis Private Cost Recovery Actions Under CERCLA by : John M. Hyson
Download or read book Private Cost Recovery Actions Under CERCLA written by John M. Hyson and published by Environmental Law Institute. This book was released on 2003 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: More frequently than ever, private owners of contaminated sites have good economic reasons for cleaning up the sites, regardless of any concern on the part of a government agency. And, once having undertaken the costs of cleanup, they naturally seek reimbursement of cleanup costs from those who are responsible for the contamination. Private Cost Recovery Actions Under CERCLA examines the law and policy of private cost recovery actions under Superfund. Private Cost Recovery Actions Under CERCLA explores the relationship between CERCLA`s liability provision and the statute`s contribution provision, a relationship that has caused substantial difficulty for courts and practitioners. Moreover, it gives practical advice to the attorneys and courts that must deal with the complexities and high transaction costs of contribution litigation. Anyone involved in the morass of CERCLA contribution litigation will benefit from Professor John Hyson's measured analysis and coherent advice.
Book Synopsis Private Cost Recovery Actions Under CERCLA by : Ronald J. Schutz
Download or read book Private Cost Recovery Actions Under CERCLA written by Ronald J. Schutz and published by . This book was released on 1990 with total page 34 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book CERCLA written by Carole Stern Switzer and published by American Bar Association. This book was released on 2002 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the fifth book in a series that concentrates on basic information for the environmental law practitioner. In this instance, the focus is on the Comprehensive Environmental Response, Compensation and Liability Act of 1980.
Book Synopsis Cost Recovery by Private Parties Under CERCLA by : Arnold W. Reitze
Download or read book Cost Recovery by Private Parties Under CERCLA written by Arnold W. Reitze and published by . This book was released on 1992 with total page 67 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book CERCLA Enforcement written by and published by . This book was released on 1996 with total page 986 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Hazardous Substance Response Trust Fund Receipts, Obligations, and Disbursements by :
Download or read book Hazardous Substance Response Trust Fund Receipts, Obligations, and Disbursements written by and published by . This book was released on 1985 with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Superfund Cost Allocation Liability Conflicts Among the Federal Courts by : Steven Ferrey
Download or read book The Superfund Cost Allocation Liability Conflicts Among the Federal Courts written by Steven Ferrey and published by . This book was released on 2014 with total page 59 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seldom in judicial history does the Supreme Court decide a case where it can, let alone will, reverse the standing precedent articulated by essentially every federal judicial circuit court across the nation. Eleven federal circuits, one after the other in a compressed period, barred the use of section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for cost recovery by most plaintiffs. This, coupled with the practical result of the 2004 Supreme Court decision in Cooper Industries v. Aviall Services, Inc., greatly discouraged voluntary remediation activities at many of the 450,000 contaminated sites in the United States. In 2007, in Atlantic Research Corp. v. United States, the Supreme Court unanimously reversed the prior wall of consistent precedent from these eleven unanimous federal circuit courts, as an error in statutory interpretation. This article analyzes each piece of this evolving and intertwined puzzle and practical results:• The initial actions of all the federal circuits between 1994-2003 walling off private hazardous waste cost recovery actions,• The pivotal impact of the 2004 Supreme Court decision in Aviall, which greatly limited CERCLA section 113 contribution liability allocation,• The 2007 unanimous Supreme Court opinion in Atlantic Research reopening section 107 based on “plain meaning” statutory interpretation,• How the lower courts have responded to these new commands, and• The checkerboard of results that ensued.
Download or read book Law of Hazardous Waste written by and published by . This book was released on 1987 with total page 792 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :United States. Environmental Protection Agency. Office of Solid Waste and Emergency Response Publisher : ISBN 13 : Total Pages :28 pages Book Rating :4.E/5 ( download)
Book Synopsis CERCLA Sections 301(a)(1)(B) and (D), Hazardous Substance Response Trust Fund Receipts, Obligations, and Disbursements by : United States. Environmental Protection Agency. Office of Solid Waste and Emergency Response
Download or read book CERCLA Sections 301(a)(1)(B) and (D), Hazardous Substance Response Trust Fund Receipts, Obligations, and Disbursements written by United States. Environmental Protection Agency. Office of Solid Waste and Emergency Response and published by . This book was released on 1985 with total page 28 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Superfund Law and Procedure by : Allan Topol
Download or read book Superfund Law and Procedure written by Allan Topol and published by . This book was released on 2004 with total page 628 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Superfund Handbook by : Peter Lawrence Gray
Download or read book Superfund Handbook written by Peter Lawrence Gray and published by . This book was released on 2016-03 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: A current guidebook to the cases and issues that are central to litigating under CERCLA, this book analyzes key issues primarily from the perspective of the PRPs (potentially responsible parties) who are involved with Superfund claims and litigation. An experienced attorney who specializes in this area of law, author Peter L. Gray also describes current and evolving regulations, guidance and judicial interpretations to assist the CERCLA practitioner, and includes practice tips offering deeper insights into key litigation issues. Topics covered include: government response authority under Section 104; remedy selection standards and procedures; abatement authority; liability issues, including causation, defenses, and types of recoverable costs; settlement; judicial review; insurance and bankruptcy; and more."
Book Synopsis Environmental Law by : John S. Applegate
Download or read book Environmental Law written by John S. Applegate and published by . This book was released on 2006 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title identifies and analyzes the key technical, legal, and policy problems that legislators, regulators, and lawyers deal with in hazardous waste management. The book surveys, organizes, and explains the most important provisions of the Resource Conservation and Recovery Act (RCRA) and the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), while providing relevant background. It emphasizes the scientific, policy, and legal issues that make hazardous waste management a difficult and complex problem for Congress, the Environmental Protection Agency, and practicing lawyers.
Book Synopsis Outline of RCRA/CERCLA Enforcement Issues and Holdings by :
Download or read book Outline of RCRA/CERCLA Enforcement Issues and Holdings written by and published by . This book was released on 1991-10 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis United States V. Atlantic Research by : Erin L. Carroll
Download or read book United States V. Atlantic Research written by Erin L. Carroll and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Atlantic Research, the United States Supreme Court held that CERCLA expressly authorizes a cost-recovery action by any private party (excluding an action by the US, a State, or an Indian tribe) who has incurred cleanup costs in the process of cleaning up a site in compliance with the National Contingency Plan. In rejecting the government's argument, the Supreme Court foreclosed the most limiting interpretation and affirmed the existence of distinct cost-recovery and contribution rights. Yet, the Court left many questions unanswered and did not take the opportunity to explicitly encourage private cleanups.
Book Synopsis Natural Resource Damages by : Preston, Thorgrimson, Shidler, Gates & Ellis
Download or read book Natural Resource Damages written by Preston, Thorgrimson, Shidler, Gates & Ellis and published by . This book was released on 1993 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: This manual outlines the legal and regulatory framework surrounding natural resource damages claims. It provides comprehensive chapters on the common law origins of natural resource damage claims, statutory natural resource damage claims under federal law, CERCLA damage assessment regulations, and economic methodologies for valuing natural resource damages.
Book Synopsis The Law of Hazardous Wastes and Toxic Substances in a Nutshell by : John G. Sprankling
Download or read book The Law of Hazardous Wastes and Toxic Substances in a Nutshell written by John G. Sprankling and published by West Academic Publishing. This book was released on 1997 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Risk and Scientific Uncertainty; Regulating the Production and Sale of Toxic Substances; Regulating Toxic Pollution Under the Clean Water, Clean Air and Safe Drinking Water Acts; Regulating Disposal of Hazardous Wastes: Resource Conservation and Recovery Act (RCRA); Introduction to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA); CERCLA: Cleanup Performed by Government; Cost Recovery Actions Brought by Government; Cleanup Mandated by Government; Actions Brought by Private Parties; Additional Hazardous Waste Cleanup Options Under RCRA and CERCLA; Common Law Approaches to Hazardous Wastes and Toxic Substances; Avoiding Liability for Hazardous Substance Cleanup Costs.
Book Synopsis Alternatives for Managing the Nation's Complex Contaminated Groundwater Sites by : National Research Council
Download or read book Alternatives for Managing the Nation's Complex Contaminated Groundwater Sites written by National Research Council and published by National Academies Press. This book was released on 2013-02-27 with total page 423 pages. Available in PDF, EPUB and Kindle. Book excerpt: Across the United States, thousands of hazardous waste sites are contaminated with chemicals that prevent the underlying groundwater from meeting drinking water standards. These include Superfund sites and other facilities that handle and dispose of hazardous waste, active and inactive dry cleaners, and leaking underground storage tanks; many are at federal facilities such as military installations. While many sites have been closed over the past 30 years through cleanup programs run by the U.S. Department of Defense, the U.S. EPA, and other state and federal agencies, the remaining caseload is much more difficult to address because the nature of the contamination and subsurface conditions make it difficult to achieve drinking water standards in the affected groundwater. Alternatives for Managing the Nation's Complex Contaminated Groundwater Sites estimates that at least 126,000 sites across the U.S. still have contaminated groundwater, and their closure is expected to cost at least $110 billion to $127 billion. About 10 percent of these sites are considered "complex," meaning restoration is unlikely to be achieved in the next 50 to 100 years due to technological limitations. At sites where contaminant concentrations have plateaued at levels above cleanup goals despite active efforts, the report recommends evaluating whether the sites should transition to long-term management, where risks would be monitored and harmful exposures prevented, but at reduced costs.
