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Lender liability rulemaking authority

CERCLA's New Safe Harbors for Banks, Lenders, and Fiduciaries

Buried deep within the several thousand page Omnibus Consolidated Appropriations Act1 signed by President Clinton in the waning days of the 104th Congress are the first significant amendments in a decade to the...

The EPA Lender Liability Regulations: EPA's Questionable Authority to Promulgate the Regulations as Part of the National Contingency Plan

The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA or Superfund)1 has been construed to impose strict, joint and several, and retroactive liability on owners and operators...

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...