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Hazardous wastes & substances

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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