A Justification in a Denial: Making the Case for CERCLA's Limited Application Abroad in ARC Ecology v. United States Department of the Air Force

Yarnall, Jessica L.
August 2006
Ecology Law Quarterly;2006, Vol. 33 Issue 3, p755
Academic Journal
In ARC Ecology v. United States Department of the Air Force, the Ninth Circuit rejected the extraterritorial application of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) tot Filipino residents that requested a preliminary assessment of two former U.S. military bases under CERCLA section 105(d). This Note explores the court's decision and argues that in rejecting CERCLA's application abroad in this case. the court's use of section 111(1) actually opens new ground in allowing CERCLAs extraterritorial application. Apart from section 111(1). this Note also explores the other general tests used for justifying the extraterritorial application of a statute--the amount of U.S. control over the land in question, and the resulting harm to the United States if a court refuses to apply the statute abroad--to provide further support for CERCLA'S extraterritorial application even for claimants that do not meet the section 111(1) standard.


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