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Contribution Claims Under Section 113(f)(1) of CERCLA: Preconditions, Elements of Liability, and Entitlement to Relief

The federal courts are in agreement that an action by a potentially responsible party (PRP) against another PRP to recover privately incurred response costs is a claim for contribution in which the plaintiff is limited to the relief...

Defining Power: Electrons and the Law

The Tunnel Before the Light

There is a long way to go through the tunnel of judicial review and/or administrative proceedings before California reaches the light. The cornerstone of the state's response to the electricity...

Electricity, Contract Rules, and the Environment: Welcome to the Hotel California

One of the major news stories of this year is the implosion of California's electric power restructuring. The most capital-intensive industry in the United States, in the largest state in the Union, which itself is one of the largest...

Debunking the Natural Gas "Clean Energy" Myth: Coalbed Methane in Wyoming's Powder River Basin

"When the trees are made of plastic and there's no more oil to drill; when Africa is empty and the zoos are finally filled; we'll sacrifice our children at the altar to the God of fossil fuel."1

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The Plaintiff's Burden in CERCLA Contribution Actions: Unscrambling the First Circuit's Acushnet Decision

In Acushnet Co. v. Mohasco Corp.,2 the U.S. Court of Appeals for the First Circuit affirmed a district court's action in granting summary judgment to defendants on their C3100 contribution claims without...

Sovereign Immunity and the National Nuclear Security Administration: A King That Can Do No Wrong?

The 1999 National Nuclear Security Administration Act (NNSA Act) threatens to reverse 20 years of reforms and court decisions intended to bring the U.S. Department of Energy (DOE) into compliance with environmental laws and regulations...

Anti-Nuisance Legislation: Can the Derogation of Common-Law Nuisance Be a Taking?

Common-law nuisance actions have long been a part of our jurisprudence.1 Landowners who are not reasonable in their use of property can be restrained under an action in nuisance. While courts have balanced the...

Hamstringing State Agency Authority to Promulgate Rules: A Questionable Way to Improve Environmental Regulation

Editors' Summary: Florida's APA was significantly revised in 1996 and 1999 to impose stringent qualifications on agency authority to promulgate regulations. Many of the amendments echo proposed reforms to the federal APA and the...

How to Reduce Lead Exposures With One Simple Statute: The Experience of Proposition 65

Editors' Summary: Human exposure to lead is one of the most serious environmental health threats today. Lead causes a variety of adverse health effects and is particularly harmful to children. Unfortunately, the current regulation...

The California Supreme Court's Decision in Foster-Gardner and Its Impact on Insurance for Environmental Defense and Remediation Expenses

Editors' Summary: In environmental insurance litigation, coverage is often determined by the court's interpretation of key policy terms. This was just the case in Foster-Gardner, Inc. v. National Union Fire Insurance Co. of...