Cleanup legal fees in dispute; does the 'American rule' cover CERCLA?
Article Abstract:
Federal courts disagree on whether CERCLA permits private parties to recover legal fees for actions to recover costs for hazardous waste site cleanup. Under CERCLA's liability structure, hundreds of parties can be responsible for cleanup of a site and many contribution actions by 'potentially responsible parties' against each other often occur. While courts have agreed that the federal government can recover legal fees connected with Superfund cleanups, they have disagreed on the right of private parties to recover such expenses from each other.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1993
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ADR used more often in waste site disputes
Article Abstract:
Alternative dispute resolution (ADR) techniques are increasingly being resorted to in hazardous waste site cases as a quicker and less expensive alternative to formal litigation. The fluidity of CERCLA or Superfund cases tends to make them amenable to ADR. The most common techniques are facilitation, fact-finding, mediation, binding or non-binding arbitration and the minitrial. Mediation has grown the most in popularity. Environmental practitioners should be ready to inform clients of the advantages of ADR.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1992
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EPA can't get reimbursed; for monitoring cleanup
Article Abstract:
The 3d US Circuit Court of Appeals has ruled in US v. Rohm & Haas Co that the federal government cannot recover the monitoring costs for a hazardous waste site cleanup done by a private party under the Resource Conservation and Recovery Act. The court found that EPA oversight of private party removal activities was different from actual EPA performance of same, and that only in the latter case would cost recovery be justified.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1993
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