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that have either been sued under CERCLA or entered a settlement with the
pursue claims under a different section of CERCLA, section 107(a), which
But Teck could only be held liable under CERCLA for the costs of cleanup for the land and water where the materials came to rest if it arranged for the disposal of those materials.
The Ninth Circuit's Pakootas decision confirms that CERCLA liability will not apply to emissions of hazardous substances into the air.
ACA argued that Congress did not intend to preempt applicable state statutes of repose, which are geared to benefit the civil justice system by providing the right balance of deterrence/incentives for behavior, and serve to help maintain a level playing field in environmental/toxic tort litigation, when it passed CERCLA.
CERCLA Section 127(f) excludes from the exemption persons with "an objectively reasonable basis to believe at the time of the transaction" that:
CERCLA established the Hazardous Substance Superfund Trust Fund to finance cleanup actions taken by the federal government at contaminated sites where the potentially responsible parties cannot pay or cannot be found.
In addition, the letters alleged facts sufficient to alert Anderson to its potential liability for environmental contamination under CERCLA.
Federal courts have struggled to apply a consistent test to determine if a PRP is an "owner" under CERCLA, particularly when a PRP possesses an interest in the contaminated property that is less than full title.
96) For purposes of such cleanups, CERCLA created a