Private Cost Recovery Actions Under CERCLA
Private Cost Recovery Actions Under CERCLA

Author: John M. Hyson

Publisher: Environmental Law Institute

Published: 2003

Total Pages: 340

ISBN-13: 9781585760442

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More frequently than ever, private owners of contaminated sites have good economic reasons for cleaning up the sites, regardless of any concern on the part of a government agency. And, once having undertaken the costs of cleanup, they naturally seek reimbursement of cleanup costs from those who are responsible for the contamination. Private Cost Recovery Actions Under CERCLA examines the law and policy of private cost recovery actions under Superfund. Private Cost Recovery Actions Under CERCLA explores the relationship between CERCLA`s liability provision and the statute`s contribution provision, a relationship that has caused substantial difficulty for courts and practitioners. Moreover, it gives practical advice to the attorneys and courts that must deal with the complexities and high transaction costs of contribution litigation. Anyone involved in the morass of CERCLA contribution litigation will benefit from Professor John Hyson's measured analysis and coherent advice.

CERCLA
CERCLA

Author: Carole Stern Switzer

Publisher: American Bar Association

Published: 2002

Total Pages: 160

ISBN-13: 9781590311165

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This is the fifth book in a series that concentrates on basic information for the environmental law practitioner. In this instance, the focus is on the Comprehensive Environmental Response, Compensation and Liability Act of 1980.

The Superfund Cost Allocation Liability Conflicts Among the Federal Courts
The Superfund Cost Allocation Liability Conflicts Among the Federal Courts

Author: Steven Ferrey

Publisher:

Published: 2014

Total Pages: 59

ISBN-13:

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Seldom in judicial history does the Supreme Court decide a case where it can, let alone will, reverse the standing precedent articulated by essentially every federal judicial circuit court across the nation. Eleven federal circuits, one after the other in a compressed period, barred the use of section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for cost recovery by most plaintiffs. This, coupled with the practical result of the 2004 Supreme Court decision in Cooper Industries v. Aviall Services, Inc., greatly discouraged voluntary remediation activities at many of the 450,000 contaminated sites in the United States. In 2007, in Atlantic Research Corp. v. United States, the Supreme Court unanimously reversed the prior wall of consistent precedent from these eleven unanimous federal circuit courts, as an error in statutory interpretation. This article analyzes each piece of this evolving and intertwined puzzle and practical results:• The initial actions of all the federal circuits between 1994-2003 walling off private hazardous waste cost recovery actions,• The pivotal impact of the 2004 Supreme Court decision in Aviall, which greatly limited CERCLA section 113 contribution liability allocation,• The 2007 unanimous Supreme Court opinion in Atlantic Research reopening section 107 based on “plain meaning” statutory interpretation,• How the lower courts have responded to these new commands, and• The checkerboard of results that ensued.