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.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1997
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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.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1995
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