The intersection of CERCLA and RCRA: what companies should know

Article Abstract:

CERCLA and the Resource Conservation and Recovery Act (RCRA) are powerful and complex statutes often open to diverse interpretations by the EPA, and any company dealing in products with a potential for environmental damage should be well informed of their details. RCRA is intended to govern the handling of environmentally hazardous materials from generation to disposal, but it does not specifically address cases of improper past disposal and cleanup, and this is what CERCLA handles. CERCLA's provision for punitive damages has no exact parallel in RCRA, but civil and criminal penalties provide similar incentives.

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Regulation of multiple employer welfare arrangements: the dilemma of dual federal/state regulation

Article Abstract:

The legal status of multiple employer welfare arrangements (MEWA) is unclear in many states, due to conflicts between state insurance laws and federal employee benefits laws. Most states treat MEWAs involved in insurance and workers' comp as illegal, due the insurance-like activity undertaken by administrators who are not licensed by the state to work in the insurance industry. States should stop making such claims until they develop a predictable and clear scheme for MEWA regulation.

United States, Health insurance, Employee benefits, Workers' compensation, states

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Environmental liability and its insurance in Germany

Article Abstract:

The German insurance industry's HUK Model for coverage of environmental impairment liability is inadequate. The Model was developed in response to the 1990 Environmental Liability Act which could be used to charge a polluter up to DM 320 million for property or bodily damage. The Model does not adequately address the prior existence of pollution, and its relevance to former East German polluters is questionable.

Liability for environmental damages, Pollution liability insurance

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