A Proposal to Balance Polluter and Community Intervention in CERCLA Litigation

Waldron, Maya
May 2011
Ecology Law Quarterly;2011, Vol. 38 Issue 2, p401
Academic Journal
The article discusses the relevant sections of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) including its intervention, right to contribution and citizen suits. It provides an overview of the case, U. S. v. Aerojet General Corp., that intervenes approval of a settlement that would bar the non-setting polluter from seeking indemnification of cleanup costs. The environmental justice and victim community intervention within the CERCLA context is also offered.


Related Articles

  • U.S. Attorney Sues Mining Company for $7.4 Million to Recoup Cleanup Costs.  // Hazardous Waste/Superfund Alert;4/11/2011, Vol. 33 Issue 7, p6 

    The article discusses a court case wherein Idaho U.S. Attorney Wendy Olson sued Federal Resources Corp. in a bid to recover more than 7 million spent to remove hazardous wastes that contaminated the environment at three mine sites. Federal officials claim activities at the sites intensified when...

  • Sufficient Cause to Just Say "No"? CERCLA 106 Orders. Eldridge, John R. // Natural Resources & Environment;Winter2011, Vol. 25 Issue 3, p56 

    The article discusses aspects of noncompliance with the 106 Unilateral Administrative Order (UAO) to perform remediation work issued under U.S. Environmental Protection Agency's (EPA) Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). A party who refuses to comply...

  • COMPARING U.S. AND EU HAZARDOUS WASTE LIABILITY FRAMEWORKS: HOW THE EU LIABILITY DIRECTIVE COMPETES WITH CERCLA. Tabatabai, Maryam // Houston Journal of International Law;Summer2012, Vol. 34 Issue 3, p653 

    The article compares hazardous waste liability laws of the U.S. under the Comprehensive Environmental Response Compensation and Liability Act (CERCLA) with European Union's (EU) Council Directive on Environmental Liability. It focuses on the judgment of the U.S. Supreme Court in Burlington &...

  • Accelerating NRD Actions: Good or Bad? Rycewicz, Christopher A.; Sniffen, Brian T. // Natural Resources & Environment;Fall2010, Vol. 25 Issue 2, p50 

    The article discusses the merit of accelerating Natural Resource Damage (NRD) processes in the U.S. NRD actions are authorized under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). It states the difference between NRD claims and removal or remedial action...

  • Superfund solutions include municipalities.  // ENR: Engineering News-Record;1/17/94, Vol. 232 Issue 3, p16 

    Reports on the study conducted by the Information Network for Superfund Settlements regarding the use of Superfund settlements involving municipalities as bargaining point in the battle to keep the cities on the hook for cleanup costs. Exposition of the beliefs that municipalities are...

  • Oxley Subcommittee to probe cleanup delays in Superfund...  // Insurance Advocate;02/07/98, Vol. 109 Issue 6, p5 

    Reports that chairman Michael G. Oxley's Subcommittee on Finance and Hazardous Materials will examine cleanup delays in Superfund. Study conducted by the General Accounting Office (GAO) on the Superfund sites; Jobs completed by Superfund; Support for the Superfund reform by majority leader...

  • CERCLA, INSTITUTIONAL CONTROLS, AND THE LEGACY OF URBAN INDUSTRIAL USE. FOX, SARAH // Environmental Law (00462276);Fall2012, Vol. 42 Issue 4, p1211 

    Population growth over the last few decades in cities around the country has created high demand for vacant urban land. But much of this now desirable property remains contaminated from prior uses. An increasingly popular option for managing the contamination left at urban sites is reliance on...

  • Strange Bedfellows at the High Court. Lazarus, Richard // Environmental Forum;Jul/Aug2007, Vol. 24 Issue 4, p12 

    The article discusses the outcomes of various environmental cases that have come before the U.S. Supreme Court. One case was the U.S. versus Atlantic Research Corporation, which regarded whether or not a party that was responsible for cleaning a hazardous waste site can sue another responsible...

  • Plans in Works to Redevelop North Denver Superfund Site.  // Hazardous Waste/Superfund Alert;10/29/2010, Vol. 32 Issue 17, p7 

    The article focuses on the project by Adams County commissioners and Denver Mayor John Hickenlooper which will direct cleanup and redevelopment of the Superfund site smelter plant in Denver, Colorado.


Read the Article


Sorry, but this item is not currently available from your library.

Try another library?
Sign out of this library

Other Topics