The 1999 Superfund Recycling Equity Act (SREA) amended the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) by creating an exemption from strict liability under…
By the beginning of the 106th Congress, comprehensive legislative reform of the Superfund statute had consumed six fruitless years of effort. Adopting a new approach, the Administration decided to…
Editors' Summary: The Municipal Settlement Policy, an EPA guidance that addresses CERCLA settlements with municipalities that owned co-disposal landfills or were generators or transporters of…
Editors' Summary: The extent to which the existing version of CERCLA removes the federal government's sovereign immunity has long been a matter of contention between states and several federal…
Editors' Summary: Defining the scope of parent corporation liability under CERCLA has been a source of disagreement between appellate courts for years. This Article examines this disagreement…
Editors' Summary: The enactment of CERCLA in 1980 sparked an explosion of contentious litigation between EPA and potentially responsible parties (PRPs) concerning the liability of PRPs under…
Editors' Summary: It has become regular practice for federal legislators to insert into annual appropriations bills riders having little to do with the appropriations process. Last year, under…
Editors' Summary: The recently completed 105th Congress provided the nation with a legacy of unparalleled legislative inactivity. Few, if any, of the legislative initiatives earmarked as…
Editors' Summary: During congressional debate on CERCLA reauthorization, attention has focused on the role of states in executing the Act. Some observers of these debates have questioned the…
Editors' Summary: In 1986, in an effort to expedite cleanups at Superfund sites, Congress enacted SARA, which among other things added §113(h) to CERCLA. Section §113(h) bars "preenforcement"…