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Alabama

Gould Inc. v. A&M Battery & Tire Serv.

The court holds in a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §113 contribution action that plaintiff, the successor-owner/operator of a battery breaking facility, is liable for 75 percent of the...

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...

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...

The Divisibility of Harm Defense to Joint and Several Liability Under CERCLA

The Comprehensive Environmental Response, Compensation, and Liability Act1 (CERCLA) does not expressly provide for joint and several liability, but it is well-established that under CERCLA § 107(a)2...

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...

Chemical Waste Management, Inc. v. Hunt

The Court holds that an Alabama act that imposes a disposal fee on hazardous wastes generated outside the state, but not on hazardous wastes from sources within Alabama, violates the Commerce Clause of the U.S. Constitution. The...

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