Obtaining agencies' testimony

Article Abstract:

In recent cases administrative agencies of the federal government, particularly the EPA and the Treasury Department, have used their own regulations and Supreme Court case law to place obstacles in the path of private parties seeking information from the agencies for use in civil proceedings. Litigators can develop strategies to overcome these obstacles. Litigators seeking information from a federal agency should first follow internal agency procedures requesting the information, offering to accommodate employees as much as possible. Federal subpoenas should be issued to the agency head.

Evidence (Law), Testimony, Administrative agencies, Government agencies

---

Proposal is based on CERCLA

Article Abstract:

A European Community proposal for imposing civil liability for damages caused by hazardous wastes may have a greater impact than the US's CERCLA statute. The proposal is like CERCLA in being based on strict joint-and-several environmental liability and in severely limiting available defenses. On the other hand the proposal goes beyond CERCLA in making all producers of waste potentially liable and in more broadly defining who those producers are. However, the proposal is unlikely to trigger as much litigation as CERCLA has.

International aspects, European Union, Environmental policy

---

CERCLA's 'contribution bar' at issue

Article Abstract:

Environmental cleanup litigation has frequently come before the courts, and in some cases the courts have been asked to interpret CERCLA's contribution bar. This refers to 1986 CERCLA amendments giving parties settling their CERCLA liability with the EPA 'contribution protection' as to other suits. CERCLA's legislative history indicates that Congress intended 'contribution protection' to apply only to the claims of other 'potentially responsible parties,' not indemnification claims.

Third parties (Law), Indemnity against liability, Liability indemnity, Contribution (Law)

Similar abstracts:

• Abstracts: Is extrinsic evidence necessary to resolve: claim construction disputes? Patent claim construction: a graphic look
• Abstracts: Bringing justice to the Wild East; reconstruction in the former GDR. The new Europe: an economic giant is born
• Abstracts: Property acquired from a decedent: establishing basis. Liquidation distributions: the decision to utilize Section 453(h)
• Abstracts: The dazzling power movies gie us to see ourselves as others see us. Cash-strapped Philadelphia will finally pay verdicts
• Abstracts: A sneak attack on open justice. Excerpts: 7th Circuit rules on fees. 'Tjoflat' fees rule is argued in court

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