Procedure for measuring damages to resources is a taint upon Superfund; CERCLA reform is futile without modification of NRD provisions imposing open-ended liabilities

Article Abstract:

Superfund reform is futile without a more complete understanding of CERCLA, including its method for valuing natural resource damages (NRD). CERCLA's NRD provisions impose open-ended liability on the government. Federal agencies cumulative NRD exposure goes into the billions and even trillions of dollars. This has serious budgetary implications and could impede hazardous waste site cleanup by diverting funds from cleanup to paying damage awards and perhaps resulting in tax increases. Reform efforts that do not deal with NRD will fail.

Valuation, Toxic torts

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High Court to say what triggers 'on-sale' bar; must inventions be reduced to practice or just 'substantially complete' at the time of sale?

Article Abstract:

The US Supreme Court has granted certiorari in the 1997 Federal Circuit case of Pfaff v. Wells Electronics, Inc. and will decide the stage of development at which an invention qualifies as being on-sale for purposes of the on-sale statutory bar of 35 USC 102(b). Pfaff had invented a test socket for leadless semiconductor chips. Although the invention was commercialized before the critical date, the trial court did not apply the on-sale bar, but the US Court of Appeals for the Federal Circuit reversed.

Cases, Inventions, Patent law

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