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CERCLA and the Choice Between Pro Tanto and Proportionate Share Settlement Allocation: Looking to the Supreme Court for Guidance

Editors' Summary: The effect of settlements among private parties in CERCLA contribution suits leaves courts with the choice of allocating liability among the nonsettling parties based on either the pro tanto method, which credits...

Rebuttal: The Mixture Rule and the Environmental Code

The U.S. Environmental Protection Agency's (EPA's) "mixture rule for hazardous waste was vacated by the U.S. Court of Appeals for the D.C. Circuit in Shell Oil Co. v. U.S. Environmental Protection Agency.1...

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...

EPA's Continuing Jurisdiction Regulation: A Response to The Mixture Rule and the Environmental Code

Can listed hazardous waste escape the requirements of Subtitle C1 of the Resource Conservation and Recovery Act (RCRA),2 without being delisted, simply by being mixed with other...

The Right to Trial by Jury in CERCLA Cost-Recovery and Contribution Actions

Editors' Summary: Federal district courts are nearly unanimous in holding that the right to trial by jury under the Seventh Amendment to the U.S. Constitution does not apply to CERCLA cost-recovery and contribution actions, because...

Citizen Suits: The Teeth in Public Participation

The courts have long recognized that Congress enacted environmental citizen-suit provisions to abate threats to the environment, supplement government enforcement, encourage government agencies to enforce the laws more effectively, and...

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

One of the most prominent issues in the Congressional debate over reauthorization of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund)1 has been how to reduce "...

High Hopes and Failed Expectations: The Environmental Record of the 103d Congress

When the 103d Congress convened on January 5, 1993, many observers believed that it would make up for the dismal environmental record of its predecessor. The 102d Congress had tried and failed to reauthorize the Federal Water Pollution...

The Reauthorization of Superfund: The Public Works Alternative

The demise of efforts by a broadly based coalition of stakeholders to reauthorize Superfund1 in the 103d Congress leaves the legislative field open for reconsidering all the key assumptions underlying the "...

Superfund Reform Needs Drastic Simplification

Congress will be returning to Washington about the time this Dialogue is published. The Superfund1 reauthorization bill that did not pass in the last Congress is the natural starting point for the renewed...