Although many courts provide for the equitable apportionment of orphan shares under CERCLA, the issue is not yet settled

Article Abstract:

CERCLA's joint tortfeasor scheme seems harsher when parties who are held jointly liable to the government also have to shoulder orphan shares. Since the orphan share amount can be quite substantial, it provides another ground for dispute between parties. Most courts deciding CERCLA Section 113 contribution actions and even Section 107 claims have divided the orphan share amount into equitable shares of liability between the solvent potentially responsible parties. The EPA's Orphan Share Reform Program provides for partial compensation for some parties who improve the condition of the site.

Management, Hazardous waste sites, Joint tortfeasors, Contribution (Law)

---

House bills on regulation and takings, passed as planks of Contract With America, leave a litany of issues for the courts

Article Abstract:

The environmental bills passed by the US House of Representatives as part of the 'Job Creation and Wage Enhancement Act' will instigate a flood of litigation contrary to the Republicans' claimed intent. Potential sources of lawsuits in the Risk Assessment and Cost-Benefit Act of 1995 include presidential inaction and the judicial review provision. Those in the Private Property Protection Act of 1995 include the definition of 'land,' what constitutes giving the owner notice, and whether non-local zoning ordinances apply.

Interpretation and construction, Laws, regulations and rules, Environmental policy, Republican Party (United States), Environmental law, Regulatory taking (Law)

---

Similar abstracts:

• Abstracts: Hung by dangling facts; sometimes the unimportant evidence is what destroys a case. Mistakes don't have to happen: you can take steps to avoid errors or at least minimize their effect
• Abstracts: Temporary SRLY regulations make improvements, provide opportunities, and create issues. Section 446: a trap for the unwary in the treatment of transactions between members of a consolidated group
• Abstracts: From outsider to insider; more firms are appointing women managing partners. New trend in general counsel in firms; experts warn conversations with in-house adviser may be discoverable
• Abstracts: Dueling software makers: company president claims badmouthing in suit against competitor, then lobs his own allegations
• Abstracts: The Delaware Supreme Court finds proxy statements that partly disclose historic events to be materially misleading

This website is not affiliated with document authors or copyright owners. This page is provided for informational purposes only. Unintentional errors are possible.