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Rights to Obtain Damages Under Pennsylvania Environmental Citizen Suit Provisions After Centolanza and Redland Soccer Club

Editors' Summary: According to prevailing precedent, the citizen suit provisions of environmental statutes do not entitle plaintiffs to a private right-of-action for damages. However, two recent decisions by the Pennsylvania Supreme...

Applying Cost Causation Principles in Superfund Allocation Cases

Editors' Summary: The question of how to fairly apportion cleanup costs at Superfund sites is a highly debated topic in the law of hazardous substances. This Article highlights the deficiencies found in common allocation methods, and...

The Tiered Approach to Corrective Action Objectives and the Site Remediation Program in Illinois

Editors' Summary: In mid-1997, the Illinois Pollution Control Board promulgated two rules that will affect the way contaminated sites are cleaned up in the state: the Tiered Approach to Corrective Action Objectives (TACO) rule and...

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...

Covering Pollution Damage as a Personal Injury: A Recent California Case Bolsters Insureds' Arguments for Coverage

In 1994, a California case called Titan Corp. v. Aetna Casualty and Surety Co.1 seemed to signal the closing of the door on insureds' hopes for insurance coverage for environmental cleanups under the...

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...

Transforming Economic Incentives From Theory to Reality: The Marketable Permit Program of the South Coast Air Quality Management District

Editors' Summary: Modern environmental law has relied almost exclusively on either mandating or forbidding certain conduct in order to reduce pollution. In addressing pollution that causes acid rain, the 1990 Amendments to the Clean...

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...