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Bankruptcy

Bankruptcy Actions Involving Environmental Legacy Portfolios

This Article reviews the legal and environmental issues in bankruptcy matters involving: (1) a trustee responsible for dispersing funds to stakeholders, including those responsible for addressing environmental liabilities; or (2)...

The Supreme Court Restricts the Availability of Forest-Wide Judicial Review in Ohio Forestry Association v. Sierra Club

Editors' Summary: This past summer, the U.S. Supreme Court rendered its decision in Ohio Forestry Ass'n v. Sierra Club, 118 S. Ct. 1665, 28 ELR 21119 (1998). The Court held that an environmental group's challenge to a U.S. Forest...

Emerging Tensions Between CERCLA and the Bankruptcy Code

The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund)1 provides for the allocation of responsibility for and cleanup of damage to the environment caused by hazardous...

A Whole New Ballgame: Judicial Review and Estimation of CERCLA Claims in Bankruptcy

Editors' Summary: One of the lessons of recent Superfund litigation is that, in general, defendants unhappy with the government's cleanup plans face an uphill battle challenging those plans in court. Congress wrote the 1986...