Local Governments: Opportunities to Recover for Natural Resource Damages

February 1987
Citation:
17
ELR 10036
Issue
2
Author
Joseph J. Maraziti Jr.

[R]emember that statutes always have some purpose or object to accomplish, whose sympathetic and imaginative discovery is the surest guide to their meaning.

Judge Learned Hand1

In two recent cases,2 key federal district courts have concluded that municipalities may sue for damages to natural resources under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).3 Previously, it was widely assumed that only federal and state authorities could sue for natural resource damages.4 This cause of action is potentially of very great importance to financially hard-pressed cities and towns faced with tight budgets and the need to respond to hazardous waste contamination.

Joseph J. Maraziti Jr. practices with the Morristown, New Jersey, law firm of Maraziti, Falcon & Gregory. Mr. Maraziti served as plaintiff's counsel in Mayor of Boonton v. Drew Chemical Corp., 621 F. Supp. 663, 16 ELR 20328 (D.N.J. 1985), analyzed below.

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