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.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1996
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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.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1998
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- Abstracts: Developments in labor-management cooperation: the codification of cooperative mechanisms. Application of conjoint measurement procedures to collective bargaining research in school personnel administration
- Abstracts: Privilege may not apply to foreign patent agents; U.S. law is not uniform on whether communications with IP practitioners are protected
- Abstracts: Defining the project purpose under NEPA: promoting consideration of viable EIS alternatives. Defending the brachial plexus injury
- Abstracts: A district court ruling could deter corporations from reporting the theft of trade secrets if the proprietary information is not shielded from defense attorneys
- Abstracts: Prime plan cases currently under review at Tax Court. PBGC waives small employer reporting of missed quarterly contributions