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Disposal site cleanup

American Telephone & Telegraph Co. v. Compagnie Bruxelles Lambert: A New Line of Defense for Parent Corporations

Editors' Summary: With their often substantial assets, parent corporations make attractive targets for parties seeking to remedy environmental harm. However, by challenging a court's jurisdiction over the parent, the parent may force...

Petroleum Waste Sites Revisited: Oiling the Gears of the CERCLA/RCRA Suit

One of the more daunting tasks facing environmental practitioners over the past decade or two has been the recovery of cleanup costs and related relief at sites contaminated with petroleum substances. Parties seeking relief face...

Attorneys Fees Awards Under RCRA §7002(e): The Corporate "Prevailing Party"

None of the citizen suit provisions of federal environmental laws bars a prevailing, for-profit corporate litigant from obtaining attorneys fees awards under those statutes' fee-shifting mechanisms. This is true even when a corporation...

When Is a Transporter an Arranger Under CERCLA?

In New York v. SCA Services, Inc.,1 the U.S. District Court for the Southern District of New York rejected the notion that a transporter cannot be an arranger under the Comprehensive Environmental...

The Summitville Story: A Superfund Site Is Born

Editors' Summary: When Congress enacted CERCLA in 1980, it put potential site owners and operators on notice that contaminating sites with hazardous substances can have severe consequences. Four years later, however, at least one...

Status of Joint and Several Liability Under CERCLA After Bell Petroleum

In the fall of 1993, the U.S. Court of Appeals for the Fifth Circuit, in its opinion in In re Bell Petroleum Services, Inc., articulated its standard for determining joint and several liability under the Comprehensive...

Can States Enforce RCRA at Superfund Sites? The Rocky Mountain Arsenal Decision

Does the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)1 suspend the states' authority to enforce environmental laws at sites selected by the federal government for remedial...