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In re In re Acushnet River & New Bedford Harbor: Proceedings re Alleged PCB Pollution

Citation: 19 ELR 21471
No. No. 83-3882-Y, 716 F. Supp. 676/30 ERC 1845/(D. Mass., 06/07/1989) Retroactive liability

The court rules that the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §107(f)(1) allows recovery only for natural resource damages that occured after CERCLA's enactment on December 11, 1980, regardless of when the release occurred, and defendants have the burden of proving what portion of damages are excluded fr...

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