Safeguarding two-tiered settlements; two tiered Superfund settlements, which may impose disproproportionate liabilities on indemnitors, require close judicial review
Article Abstract:
Two-tiered settlements, which often occur in Superfund cases, risk collusion and raise the question if how an indemnitor can be forced to pay sums from which an indemnitee has been released. Since Superfund presumes joint-and-several liability and has a policy favoring settlements, these issues are especially important. Courts have usually held that the risk of collusion can be overcome with certain safeguards. Thus, insurers and indemnitors in Superfund matters should redraft their indemnity provisions to include such safeguards.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1997
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A federal voluntary cleanup program could supplement Superfund reform by curbing excessive oversight, which increases remediation costs and delays
Article Abstract:
In reforming the Superfund polluted-site cleanup arrangement, the government can make sure the vast majority of cleanups proceed quickly and cost-effectively by adapting state voluntary cleanup programs to non-National Priority List sites. A federal program would provide uniformity and potentially reduce the level of micromanagement many of these state programs still evince, and could simply be adopted in toto by states unable to develop their own programs. Incentive devices and mechanisms are discussed.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1995
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Remediating military 'brownfields:' by assuming certain Superfund costs, the feds can offer former bases as viable industrial sites
Article Abstract:
The Dept of Defense's (DOD) handling of contaminated land, or 'brownfields,' at bases slated for closure suggests changes the Environmental Protection Agency should make in its handling of non-federal brownfields. Former military bases receive strong govt support in cleanup and conversion, because the DOD is the main potentially responsible party for cleanup under CERCLA and because political pressure on Congress encourages a quick transition to civilian use. The DOD procedure is explored.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1995
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- Abstracts: Procedure for measuring damages to resources is a taint upon Superfund; CERCLA reform is futile without modification of NRD provisions imposing open-ended liabilities
- Abstracts: Equal Treatment Directive outlaws positive discrimination. EOC proposes fundamental restructuring of sex discrimination laws
- Abstracts: Implementing enterprise liability: a comment on Henderson and Twerski. Tort reform may be unfunded mandate
- Abstracts: Because securitized mortgages involve public or private offerings of securities, they require a broader range of legal expertise than conventional mortgages
- Abstracts: Trash can be a treasure, but liabilities abound; landfill gas could be a lucrative product, but potential harms need to be carefully managed