Amending CERCLA PDF Download
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Author: Michael Gerrard
Publisher: American Bar Association
ISBN: 9781590312506
Category : Law
Languages : en
Pages : 684
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Book Description
Three important amendments to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, or Superfund) narrowed the Act's liability to address specific policy objectives. This book is a single-source compendium of this legislation, leading court decisions, and administrative implementation, including the annotated statute, EPA guidance documents, and CD-ROM with the entire legislative history of CERCLA.
Author: Michael Gerrard
Publisher: American Bar Association
ISBN: 9781590312506
Category : Law
Languages : en
Pages : 684
Get Book Here
Book Description
Three important amendments to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, or Superfund) narrowed the Act's liability to address specific policy objectives. This book is a single-source compendium of this legislation, leading court decisions, and administrative implementation, including the annotated statute, EPA guidance documents, and CD-ROM with the entire legislative history of CERCLA.
Author: Peter Lawrence Gray
Publisher:
ISBN: 9781634252614
Category : Hazardous waste sites
Languages : en
Pages : 457
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Book Description
A current guidebook to the cases and issues that are central to litigating under CERCLA, this book analyzes key issues primarily from the perspective of the PRPs (potentially responsible parties) who are involved with Superfund claims and litigation. An experienced attorney who specializes in this area of law, author Peter L. Gray also describes current and evolving regulations, guidance and judicial interpretations to assist the CERCLA practitioner, and includes practice tips offering deeper insights into key litigation issues. Topics covered include: government response authority under Section 104; remedy selection standards and procedures; abatement authority; liability issues, including causation, defenses, and types of recoverable costs; settlement; judicial review; insurance and bankruptcy; and more."
Author:
Publisher: American Bar Association
ISBN:
Category : Liability for environmental damages
Languages : en
Pages : 56
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Book Description
Author: United States
Publisher:
ISBN:
Category : Hazardous substances
Languages : en
Pages : 232
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Book Description
Author: Carole Stern Switzer
Publisher: American Bar Association
ISBN: 9781590311165
Category : Law
Languages : en
Pages : 160
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Book Description
This is the fifth book in a series that concentrates on basic information for the environmental law practitioner. In this instance, the focus is on the Comprehensive Environmental Response, Compensation and Liability Act of 1980.
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 240
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Book Description
Author: United States. Congress. Senate. Committee on Environment and Public Works
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 492
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Book Description
Author: David L. Guevara
Publisher:
ISBN: 9781627221719
Category : Brownfields
Languages : en
Pages : 0
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Book Description
Bona Fide Prospective Purchaser Defense: A Guide For Lawyers, encompasses the relevant guidance documents published by United States Environmental Protection Agency and provides analysis of the key judicial decisions interpreting the Brownfields Amendments. This information allows the practitioner who is dealing with such issues to have all of resources he or she needs to advise a client. Even the most experienced practitioner will benefit from this book, as the issues and concepts associated with transactions involving contaminated properties have changed over the years and are continually evolving. Chapters include: CERCLA and the bona fide prospective purchaser Disposal prior to acquisition Legally required notices Land-use restrictions and institutional controls Subpoenas and information requests"
Author: Landmark Publications
Publisher:
ISBN: 9781072066101
Category :
Languages : en
Pages : 546
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Book Description
THIS CASEBOOK contains a selection of U. S. Court of Appeals decisions that analyze, interpret and apply provisions of the Comprehensive Environmental Response, Compensation, and Liability Act. * * * "Congress enacted CERCLA in 1980, as amended by the Superfund Amendments and Reauthorization Act of 1986 (SARA), Pub. L. No. 99-499, 100 Stat. 1613, 'in response to the serious environmental and health risks posed by industrial pollution.'" Chubb Custom Ins. Co. v. Space Sys./Loral, Inc., 710 F.3d 946, 956 (9th Cir. 2013) (quoting Burlington N. & Santa Fe Ry. Co. v. United States, 556 U.S. 599, 602, 129 S.Ct. 1870, 173 L.Ed.2d 812 (2009)). CERCLA "imposes strict liability on four categories of potentially responsible parties (PRPs), for the cleanup costs of an environmental hazard, even if the person did not contribute to the contamination." Id. at 956-57 (footnote omitted). The four categories of PRPs are: (1) a past owner or operator of a facility; (2) an owner or operator of a facility; (3) an arranger of waste disposal; or (4) an entity that accepts waste for treatment or disposal. United States v. Shell Oil Co., 294 F.3d 1045, 1053 (9th Cir. 2002); see 42 U.S.C. § 9607(a). Once a PRP is found liable, it may sue other PRPs for contribution to remediation costs under 42 U.S.C. § 9613(f). TDY Holdings, LLC v. US, 885 F. 3d 1142 (9th Cir. 2018)
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 4
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Book Description
Under Section 121(d)(3) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), as amended by the Superfund Amendments and Reauthorization Act (SARA) of 1986, wastes generated as a result of CERCLA remediation activities and transferred off-site must be managed at a facility operating in compliance with federal laws. EPA issued its Off-Site Policy (OSWER Directive No. 9834, 11), which gave guidance on complying with this particular requirement. Specifically, EPA requires off-site waste management facilities to fulfill EPA's definition of acceptability and has established detailed procedures for issuing and reviewing unacceptability determinations. EPA proposed amending the National Contingency Plan (NCP) (40 CFR part 300) to include the requirements contained in the Off-Site Policy (53 FR 48218). On September 22, 1993 EPA published the Off-Site Rules [58 FR 49200], which became effective on October 22, 1993. The primary purpose of the Off-Site Rule is to clarify and codify CERCLA's requirement to prevent wastes generated from remediation activities conducted under CERCLA from contributing to present or future environmental problems at off-site waste management facilities that receive them. Thus, the Off-Site Rule requires that CERCLA wastes only be sent to off-site facilities that meet EPA's acceptability criteria. The final Off-Site Rule makes two major changes to the proposed Off-Site Rule: (1) only EPA, not an authorized State, can make determinations of the acceptability of off-site facilities that manage CERCLA wastes, and (2) the Off-Site eliminate the distinction between CERCLA wastes governed under pre-SARA and post-SARA agreements. The purpose of this information Brief is to highlight and clarify EPA's final Off-Site and its implications on DOE remedial actions under CERCLA.
