CERCLA--Comprehensive Environmental Response, Compensation, and Liability Act (Superfund) Basic Practice Series
by Switzer, Carole Stern; Gray, Peter L.Edition: 2nd
Format: Paperback
Pub. Date: 2009-06-16
Publisher(s): American Bar Association
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Summary
This convenient guide clearly explains the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), commonly known as Superfund. Both concise and current, the book's authors detail the history of the statute and explain the reasons that it was enacted, and provide a concise overview of the Act and the regulations implementing it. The book also includes is a list of useful Websites and Internet resources on CERCLA.
Table of Contents
| Acknowledgments | p. ix |
| About the Authors | p. xi |
| Executive Summary | p. 1 |
| Why Was Cercla Enacted? | p. 3 |
| What Did Cercla Originally Provide? | p. 5 |
| Legislative History | p. 5 |
| Basics of the Statute | p. 8 |
| Liability-Section 107 | p. 9 |
| Response Authority-Section 104 | p. 10 |
| Abatement Action-Section 106 | p. 12 |
| Definitions-Section 101 | p. 12 |
| Environment | p. 13 |
| Facility | p. 13 |
| Hazardous Substance | p. 13 |
| Remove or Removal | p. 13 |
| Remedy or Remedial Action | p. 14 |
| The National Contingency Plan-Section 105 | p. 15 |
| Reporting Requirements-Section 103 | p. 16 |
| Information-Gathering Authority-Section 104(e) | p. 17 |
| How Was Cercla Expanded in 1986? | p. 19 |
| Mandatory Cleanup Standards | p. 19 |
| Settlement Provisions | p. 21 |
| State Involvement | p. 22 |
| Public Participation | p. 22 |
| Who Is Liable under Cercla? | p. 25 |
| Owner Liability | p. 26 |
| Operator Liability | p. 27 |
| Government or Government Agency as an Owner or Operator | p. 28 |
| Parent Liability as Owner/Operator | p. 29 |
| Successor Liability | p. 31 |
| Previous Owners or Operators | p. 32 |
| Transporters | p. 32 |
| Arrangers | p. 33 |
| The Aceto Doctrine | p. 34 |
| What Are the Defenses to Liability under Cercla? | p. 37 |
| Act or Omission of a Third Party (Including the Innocent Landowner Defense) | p. 38 |
| Third Party as Sole Cause of Release | p. 38 |
| "Innocent Landowner" Defense | p. 40 |
| "Bona Fide Prospective Purchaser" Defense | p. 41 |
| Act of God | p. 42 |
| Act of War | p. 43 |
| Held Only for a Security Interest | p. 43 |
| De Micromis and Municipal Solid Waste Exemptions | p. 45 |
| Equitable Defenses | p. 45 |
| State Sovereign Immunity | p. 46 |
| Why Is Retroactive Liability Constitutional? | p. 49 |
| Judicial Analysis | p. 50 |
| Eastern Enterprises v. Apfel | p. 53 |
| Post-Eastern Cercla Decisions | p. 54 |
| How Does the Government Order a Cleanup? | p. 57 |
| The National Priorities List | p. 57 |
| Unilateral Administrative Orders and Administrative Orders on Consent | p. 58 |
| What Is the National Contingency Plan? | p. 61 |
| Removal or Remedial Action | p. 62 |
| Remedy Selection | p. 63 |
| Public Involvement | p. 64 |
| The Administrative Record | p. 65 |
| May a Private Party Recover Cleanup Costs under Cercla? | p. 67 |
| Cost Recovery under Section 107(a)(4)(B)-Pre-SARA | p. 68 |
| Section 113(f)(1) Contribution | p. 69 |
| Contribution under Section 107(a)(4)(B) | p. 70 |
| What Are the Tools for Cercla Enforcement? | p. 73 |
| Mechanisms Available to the Federal Government | p. 73 |
| Reporting Requirements | p. 74 |
| Section 103(a) | p. 74 |
| Section 103(c) | p. 75 |
| Section 104(e) | p. 75 |
| Penalties | p. 76 |
| Civil Penalties | p. 77 |
| Criminal Penalties | p. 78 |
| Procedures and Process | p. 79 |
| Settlements | p. 79 |
| Public Enforcement Mechanism-The Citizen Suit | p. 80 |
| When May a Cercla Order Be Reviewed? | p. 83 |
| The Ban on Pre-Enforcement Review | p. 83 |
| Section 113(h) | p. 83 |
| Due Process Challenges | p. 84 |
| Petitions for Review | p. 84 |
| Procedural Requirements | p. 85 |
| Challenge to Liability | p. 86 |
| Appendices | |
| Acronym List | p. 87 |
| Frequently Asked Questions | p. 89 |
| Key Cases | p. 97 |
| Useful Websites and Internet Resources on Cercla | p. 103 |
| Summary of the Small Business Liability Relief and Brownfields Revitalization Act | p. 105 |
| Glossary | p. 115 |
| Bibliography | p. 129 |
| Table of Cases | p. 131 |
| Index | p. 139 |
| Table of Contents provided by Ingram. All Rights Reserved. |
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