Municipal and Private-Party Claims Under Superfund

September 1983
Citation:
13
ELR 10272
Issue
9
Author
Frank M. Thomas jr.

Editors' Summary: Actions by municipalities and nongovernmental entities to recover the costs of responding to hazardous waste releases are authorized by the federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), but the authority has not been utilized heavily.The author, who brought such a suit on behalf of the City of Philadelphia, reviews the relevant provisions of CERCLA, outlining the types of response costs that may be recoverable. He analyzes the two avenues of recovery made available: actions directly against persons responsible for releases under §107 or claims against the "Superfund" under §112. The author presents a step-by-step guide to developing a §107 action or §112 claim and highlights key problems, such as the time limitations of §§111(d)(1) and 112(d) and the restrictive regulations governing claims promulgated by EPA.

Mr. Thomas recently joined the firm of Morgan, Lewis & Bockius in Philadelphia after serving three years as Divisional Deputy, City Solicitor, for Special Projects. Mr Thomas was lead counsel for the city in City of Philadelphia v. Stepan Chemical Co.

Adapted from J. Am. Water Works Assn., Vol. 75, No. 8 (Aug. 1983), by permission. Copyright © 1983, the American Water Works Association.

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Municipal and Private-Party Claims Under Superfund

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