As Superfund narrows, plaintiffs should pursue other legal remedies; the judicial limits on CERCLA's reach signals that owners should supplement cleanup claims
Article Abstract:
Changing court interpretations of the Comprehensive Environmental Response, Compensation and Liability Act have limited plaintiffs' rights. Some courts have said owners of contaminated property may seek contribution but not cost recovery, and the US Supreme Court has held that private parties bringing CERCLA cost-recovery actions cannot recover attorney fees. Thus, plaintiffs should make claims under the often less restricted Resource Conservation and Recovery Act, and under common-law nuisance and trespass causes of action.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1995
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Allocating CERCLA costs? Get an expert; because of the highly technical nature of cost allocation, the right expert can save potentially responsible parties millions
Article Abstract:
Statutes such as CERCLA tend to increase the already high cost of dealing with environmental contamination, since that law encourages frequent disputing of liability by potentially responsible parties. A critical issue under CERCLA is the allocation of cleanup costs among liable parties, and data supporting the extent and allocation of damages in an environmental case is highly technical and best given by experts, who can save a company much money.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1998
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