CERCLA Reauthorization: The Wise Demise of §114(c) and Exxon v. Hunt

October 1986
Citation:
16
ELR 10286
Issue
10
Author
Robert A. Freeman

Editors' Summary: In our form of government, an important aspect of all federal environmental laws is the tension between the need for national uniformity in certain areas of environmental protection and the realization that state and local governments are closer to the problem and may have additional resources, financial and otherwise, to did in solving the problem. This tension has been particularly clear in the field of hazardous waste cleanups, as many states have "mini-superfunds" that overlap with the federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). In March of this year, the Supreme Court came down on the side of national uniformity when it ruled that CERCLA preempts the New Jersey Spill Compensation and Control Act to the extent that it provided for compensation for claims that may be compensated by CERCLA. The author reviews Exxon Corp. v. Hunt and evaluates the potential impact of the decision given the likelihood that the preemption provision at issue will be removed when CERCLA is reauthorized.

You must be an ELR-The Environmental Law Reporter subscriber to download the full article.

You are not logged in. To access this content:

CERCLA Reauthorization: The Wise Demise of §114(c) and Exxon v. Hunt

SKU: article-25595 Price: $50.00