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Liabilities of Corporate Individuals for Environmental Claims Under CERCLA: The Current State of the Law and Strategies for Coping

Editors' Summary: The Superfund law already acts like a dragnet to sweep corporations into the net of liability. Now more and more individual officers, directors, employees, and shareholders find themselves caught up in the...

A Tale of Sound and Fury: The Environmental Record of the 102d Congress

Editors' Summary: The 102d Congress adjourned on October 9, 1992, leaving a mixed record of environmental successes and failures. The three principal environmental statutes before it — RCRA, the FWPCA, and the ESA — all failed to...

Contesting of CERCLA Costs by Responsible Parties—There Is No Contest

Editors' Summary: In recent years, fewer and fewer parties liable for Superfund site cleanup have successfully challenged the costs of cleanup reflected in claims made against them by the government. The government's burden in...

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...

EPA Issues Long-Awaited Lender Liability Rule

On April 29, 1992, the U.S. Environmental Protection Agency (EPA) issued a final rule1 that attempts to define the parameters of the security interest exemption set forth in the Comprehensive Environmental...

A Primer on Hazardous Materials Transportation Law of the 1990s: The Awakening

Editors' Summary: Regulation of hazardous materials (HAZMAT) transportation has developed in a piecemeal fashion over the past century. In response, Congress passed the Hazardous Materials Transportation Act in 1975 and the...

CERCLA Contribution Protection: How Much Protection?

Editors' Summary: Congress, through the 1986 Superfund Amendments and Reauthorization Act (SARA), has succeeded in promoting CERCLA settlements between potentially responsible parties (PRPs) and the government. But the growing...

Why Municipalities Should Not Receive Special Treatment Under Superfund

Are municipalities justified in calling for special relief from the broad scheme of Superfund liability? This Dialogue asserts that such special treatment both overlooks the nature of municipal solid waste (MSW) and distorts the...

The Pollution Prevention Act of 1990: Emergence of a New Environmental Policy

Editors' Summary: EPA's toxics release inventory (TRI), compiled under § 313 of the Emergency Planning and Community Right-to-Know Act (EPCRA), is the most comprehensive national database on toxic chemical emissions. TRI data have...

Preenforcement, Preimplementation, and Postcompletion Preclusion of Judicial Review Under CERCLA

Editors' Summary: CERCLA § 113(h) sets forth limits on the timing for review in federal courts of EPA hazardous waste removal and remedial actions. To prevent delays in cleaning up hazardous waste sites, EPA and the courts have...