Yes, We Do Need a Clarification of the CERCLA Sovereign Immunity Waiver
October 1999
Citation:
29
ELR 10602
Issue
10
Editors' Summary: The extent to which the existing version of CERCLA removes the federal government's sovereign immunity has long been a matter of contention between states and several federal agencies. This Dialogue discusses the statutory framework, and describes the manner in which DOD and DOE have contended that the existing CERCLA "waiver" does not remove the government's immunity shield. The author argues that principles of equity and consistency with other environmental statutes, as well as the goal of environmental remediation of contaminated sites, justify prompt action by Congress to elaborate upon and strengthen the CERCLA provision so that it conforms to language in RCRA.
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