Limiting municipal solid waste liability under CERCLA: towards the Toxic Cleanup Equity and Acceleration Act of 1993

Article Abstract:

Passage of the 1993 Toxic Cleanup Equity and Acceleration Act would limit industrial waste site owners' ability to sue municipal governments in order to help finance requisite cleanup costs. Under current law, industrial polluters are able to establish municipal liability based on the mere presence of municipal solid wastes in industrial sites later found to be contaminated. The Act would ensure that liability for environmental damages, as envisioned by CERCLA, would be proportional to guilt and imposed only for hazardous materials, which may or may not include municipal solid waste.

Environmental aspects, Refuse and refuse disposal, Waste disposal, Municipal corporations, Tort liability of municipal corporations, Contribution (Law)

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Revising CERCLA's liability: why government agencies should recover they attorneys' fees in response cost recovery actions

Article Abstract:

The author contends that the Supreme Court should follow the Ninth Circuit's decision in US v. Chapman, which held that the EPA could recover attorneys' frees for remedial CERCLA actions.

Attorneys, Lawyers' fees, Powers and duties, Administrative agencies, Government agencies

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CERCLA derivative suits

Article Abstract:

The author contends that shareholder suits may be useful in compelling company officers and directors to install monitoring systems to prevent CERCLA violations.

Corporations, Environmental monitoring, Tort liability of corporations

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