CERCLA precludes the use of other statutes to challenge EPA cleanup actions

Article Abstract:

The U.S. Court of Appeals for the 3d Circuit's decision in Boarhead Corporation v. Erickson, holding that Congress intended CERCLA to foreclose property owners' challenges of EPA cleanup plans even where those challenges were based on other federal statutes, was correct. In denying a property owner's claim that the Federal Historic Preservation Act, and not the Superfund Amendments and Reauthorization Act or CERCLA, controlled the way in which a protected site would be detoxified, the court appropriately reasoned that Congress intended to prioritize hazardous cleanup over historic preservation.

Conflict of laws

---

The role of science in valuing natural resources after State of Ohio v. Department of the Interior

Article Abstract:

'Spill-specific assessments' are one of the ways of assessing damages for hazardous waste pollution under the Superfund Amendments and Reauthorization Act, and the Department of the Interior (DOI) has the authority to make assessment rules. In Ohio v Department of the Interior, the DC Circuit held that the DOI assessment process's use of common law damage theories conflicted with legislative intent which required damages in the amount of the 'restoration cost.' 'Restoration cost' is the most accurate way of computing losses from environmental damage.

Damages, Damages (Law)

---

Extricating your non-responsible clients from CERCLA litigation

Article Abstract:

Insurers defending clients against third party CERCLA claims filed by a potentially responsible party may be able to avoid litigation by arguing a lack of subject matter jurisdiction. Federal judges are often willing to break CERCLA arguments down into separate claims, allowing some issues to be decide at the state level. Should a claim at the state level be ruled to be the subject matter of another jurisdiction, the case can be dismissed.

United States, Liability for environmental damages, Liability insurance, states

Similar abstracts:

• Abstracts: CD-ROM developers face licensing hurdles: the use of copyrighted material can lead to success and litigation. U.S. court exonerates track star
• Abstracts: An inquiry into the nature and causes of the Clinton health care reforms. Lunch insurance
• Abstracts: Judicial interpretation of state constitutional rights to a healthful environment. The Endangered Species Act: what do we mean by species?
• Abstracts: Lender liability: evaluating risk under CERCLA and the security interest exemption. EPA's CERCLA lender liability proposal: secured creditors "hit the jackpot."
• Abstracts: Quo vadis: the status and prospects of "tests" under the religion clauses. Reason, religion, and avoidable consequences: when faith and the duty to mitigate collide

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