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The Second Circuit's test in Commander Oil is the most appropriate methodology for approaching ownership liability under CERCLA because it provides a framework for uniform application of the statute's liability standard.
com)-- The Knowledge Group/The Knowledge Congress Live Webcast Series, the leading producer of regulatory focused webcasts, announced today that it has scheduled a live webcast entitled: CERCLA, Property Damage and Personal Injury Claims Demystified.
The {court of appeal) panel majority's overbroad reading of CERCLA thus unwittingly created a situation in which Congress is effectively dictating to the states the content of their substantive laws .
The foregoing criticisms also shed light on proposals to amend statutory programs outside of CERCLA that have used successor or derivative liability as a regulatory tool.
and explaining their increasing use in CERCLA cleanups).
This type of amendment would not only effectuate what many believe was the original intent of the innocent landowner provision, but it would also allow the CERCLA defenses to apply to subsequent purchasers coherently: Those who look for contamination and find nothing would qualify for the third-party defense, while those who look and find "reason to know" would have the option of qualifying themselves for the bona fide prospective purchaser defense.
29) These are the elements of a section 107(a) CERCLA recovery
Aviall's initial complaint sought cost recovery for the cleanup under CERCLA Section 107, in addition to a claim for contribution under CERCLA Section 113(f)(1).
Throughout his career, Cavanagh has worked on numerous environmental remediation projects at contaminated sites under CERCLA, RCRA and the NJDEP technical requirements.
This report discusses (1) laws governing the transfer of contaminated federal property to private parties, both before and after the enactment of a 1986 amendment to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) that specifically governs such transfers, and (2) the degree to which private parties not subject to civil actions under CERCLA may seek environmental cleanup costs from other responsible parties in the wake of the recent Supreme Court decision in Cooper Industries v.
Both CERCLA and OPA define natural resources as "land, fish, wildlife, biota, air, water, ground water, drinking water supplies and other such resources belonging to, managed by, held in trust by, appertaining to, or otherwise controlled by the United States.