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Would the Superfund Response Cost Allocation Procedures Considered by the 103d Congress Reduce Transaction Costs?

March 1995

Citation: 25 ELR 10134

Issue: 3

Author: George Van Cleve

One of the most prominent issues in the Congressional debate over reauthorization of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund) has been how to reduce "transaction costs" while at the same time fairly and expeditiously resolving liability disputes. This Dialogue asks: Would the allocation procedures proposed in last year's Superfund reauthorization bills meet those sometimes conflicting goals?

George Van Cleve is Of Counsel to Jones, Day, Reavis & Pogue. He served formerly as Deputy Assistant Attorney General for the Environment and Natural Resources Division of the U.S. Department of Justice. The author wishes to thank David T. Buente, Esq., for reviewing this Dialogue and providing useful comments and materials. The views expressed here are solely those of the author.

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