Download or read book Amending CERCLA written by Michael Gerrard and published by American Bar Association. This book was released on 2006 with total page 684 pages. Available in PDF, EPUB and Kindle. Book excerpt: Three important amendments to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, or Superfund) narrowed the Act's liability to address specific policy objectives. This book is a single-source compendium of this legislation, leading court decisions, and administrative implementation, including the annotated statute, EPA guidance documents, and CD-ROM with the entire legislative history of CERCLA.

Download or read book CERCLA written by Carole Stern Switzer and published by American Bar Association. This book was released on 2002 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the fifth book in a series that concentrates on basic information for the environmental law practitioner. In this instance, the focus is on the Comprehensive Environmental Response, Compensation and Liability Act of 1980.

Download or read book EPA 540 G written by and published by . This book was released on 1989 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book CERCLA Primer written by and published by American Bar Association. This book was released on 1995 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book EPA 540 R written by and published by . This book was released on 1992 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Superfund Reform and Reauthorization written by United States. Congress. Senate. Committee on Environment and Public Works and published by . This book was released on 1998 with total page 492 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Bona Fide Prospective Purchaser Defense written by David L. Guevara and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bona Fide Prospective Purchaser Defense: A Guide For Lawyers, encompasses the relevant guidance documents published by United States Environmental Protection Agency and provides analysis of the key judicial decisions interpreting the Brownfields Amendments. This information allows the practitioner who is dealing with such issues to have all of resources he or she needs to advise a client. Even the most experienced practitioner will benefit from this book, as the issues and concepts associated with transactions involving contaminated properties have changed over the years and are continually evolving. Chapters include: CERCLA and the bona fide prospective purchaser Disposal prior to acquisition Legally required notices Land-use restrictions and institutional controls Subpoenas and information requests"

Download or read book Guidance on Feasibility Studies Under CERCLA written by and published by . This book was released on 1985 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Comprehensive Environmental Response Compensation and Liability Act of 1980 Superfund P L 96 510 written by United States and published by . This book was released on 1987 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Superfund and Mining Megasites written by National Research Council and published by National Academies Press. This book was released on 2006-01-29 with total page 505 pages. Available in PDF, EPUB and Kindle. Book excerpt: For more than 100 years, the Coeur d' Alene River Basin has been known as "The Silver Valley" for being one of the most productive silver, lead, and zinc mining areas in the United States. Over time, high levels of metals (including lead, arsenic, cadmium, and zinc) were discovered in the local environment and elevated blood lead levels were found in children in communities near the metal-refining and smelter complex. In 1983, the U.S. Environmental Protection Agency (EPA) listed a 21-square mile mining area in northern Idaho as a Superfund site. EPA extended those boundaries in 1998 to include areas throughout the 1500-square mile area Coeur d'Alene River Basin project area. Under Superfund, EPA has developed a plan to clean up the contaminated area that will cost an estimated $359 million over 3 decades-and this effort is only the first step in the cleanup process. Superfund and Mining Megasites: Lessons from Coeur d'Alene River Basin evaluates the issues and concerns that have been raised regarding EPA's decisions about cleaning up the area. The scientific and technical practices used by EPA to make decisions about human health risks at the Coeur d'Alene River Basin Superfund site are generally sound; however, there are substantial concerns regarding environmental protection decisions, particularly dealing with the effectiveness of long-term plans.

Download or read book Natural Resource Damages written by Preston, Thorgrimson, Shidler, Gates & Ellis and published by . This book was released on 1993 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: This manual outlines the legal and regulatory framework surrounding natural resource damages claims. It provides comprehensive chapters on the common law origins of natural resource damage claims, statutory natural resource damage claims under federal law, CERCLA damage assessment regulations, and economic methodologies for valuing natural resource damages.

Download or read book Superfund Law and Procedure written by Allan Topol and published by . This book was released on 1992 with total page 716 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Comprehensive Environmental Response Compensation and Liability Act a Summary of Superfund Cleanup Authorities and Related Provisions of the Act written by David M. Bearden and published by Createspace Independent Pub. This book was released on 2012-08-10 with total page 46 pages. Available in PDF, EPUB and Kindle. Book excerpt: Congress enacted the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA; P.L. 96-510) in response to a growing desire for the federal government to ensure the cleanup of the nation's most contaminated sites to protect the public from potential harm. The Superfund Amendments and Reauthorization Act of 1986 (P.L. 99-499, SARA) clarified the applicability of the statute's requirements to federal facilities, and modified various response, liability, and enforcement provisions. Several other laws also have amended CERCLA for specific purposes, including relief from cleanup liability for certain categories of parties, and the authorization of federal assistance for the cleanup of abandoned or idled “brownfields” where the presence or perception of contamination may impede economic redevelopment. CERCLA authorizes cleanup and enforcement actions to respond to actual or threatened releases of hazardous substances into the environment, but generally excludes releases of petroleum and certain other materials covered by other federal laws. Considering the limitation of federal resources to address the many contaminated sites across the United States, CERCLA directs the Environmental Protection Agency (EPA) to maintain a National Priorities List (NPL) to identify the most hazardous sites for the purpose of prioritizing cleanup actions. The states and the public may participate in federal cleanup decisions at NPL sites. The states primarily are responsible for pursuing the cleanup of sites not listed on the NPL, with the federal role at these sites limited mainly to addressing emergency situations. CERCLA established a broad liability scheme that holds past and current owners and operators of facilities from which a release occurs financially responsible for cleanup costs, natural resource damages, and the costs of federal public health studies. At waste disposal sites, generators of the wastes and transporters of the wastes who selected the site for disposal also are liable under CERCLA. The liability of these “potentially responsible parties” (PRPs) has been interpreted by the courts to be strict, joint and several, and retroactive. At contaminated federal facilities, federal agencies are subject to liability under CERCLA as the owners and operators of those facilities on behalf of the United States. Federal agencies also may be liable in instances in which an agency generated or transported waste for disposal at a non-federal facility. CERCLA established the Hazardous Substance Superfund Trust Fund to pay for the cleanup of sites where the PRPs cannot be found or cannot pay. A combination of special taxes on industry and general taxpayer revenues originally financed the Superfund Trust Fund, but the authority to collect the industry taxes expired on December 31, 1995. Over time, Congress increased the contribution of general revenues to make up for the shortfall from the expired industry taxes. General revenues now provide most of the funding for the trust fund, but other monies continue to contribute some revenues (i.e., cost-recoveries from PRPs, fines and penalties for violations of cleanup requirements, and interest on the trust fund balance). The availability of these trust fund monies under the Superfund program is subject to appropriations by Congress. Private settlement funds deposited into site-specific Special Accounts within the Superfund Trust Fund also are available to EPA, but are not subject to discretionary appropriations. Considering the liability of the federal government at its own facilities, the cleanup of federal facilities is not funded with Superfund Trust Fund monies under the Superfund program, but with other federal monies appropriated to the agencies responsible for administering the facilities. However, EPA and the states remain responsible for overseeing and enforcing the implementation of CERCLA at federal facilities to ensure that applicable cleanup requirements are met.

Download or read book Alternatives for Managing the Nation s Complex Contaminated Groundwater Sites written by National Research Council and published by National Academies Press. This book was released on 2013-02-27 with total page 423 pages. Available in PDF, EPUB and Kindle. Book excerpt: Across the United States, thousands of hazardous waste sites are contaminated with chemicals that prevent the underlying groundwater from meeting drinking water standards. These include Superfund sites and other facilities that handle and dispose of hazardous waste, active and inactive dry cleaners, and leaking underground storage tanks; many are at federal facilities such as military installations. While many sites have been closed over the past 30 years through cleanup programs run by the U.S. Department of Defense, the U.S. EPA, and other state and federal agencies, the remaining caseload is much more difficult to address because the nature of the contamination and subsurface conditions make it difficult to achieve drinking water standards in the affected groundwater. Alternatives for Managing the Nation's Complex Contaminated Groundwater Sites estimates that at least 126,000 sites across the U.S. still have contaminated groundwater, and their closure is expected to cost at least $110 billion to $127 billion. About 10 percent of these sites are considered "complex," meaning restoration is unlikely to be achieved in the next 50 to 100 years due to technological limitations. At sites where contaminant concentrations have plateaued at levels above cleanup goals despite active efforts, the report recommends evaluating whether the sites should transition to long-term management, where risks would be monitored and harmful exposures prevented, but at reduced costs.

Download or read book Superfund Program Completion Act of 1999 written by United States. Congress. Senate. Committee on Environment and Public Works and published by . This book was released on 2000 with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Asbestos Hazard Emergency Response Act of 1986 written by United States and published by . This book was released on 1987 with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Cercla written by Landmark Publications and published by . This book was released on 2019-06-06 with total page 546 pages. Available in PDF, EPUB and Kindle. Book excerpt: THIS CASEBOOK contains a selection of U. S. Court of Appeals decisions that analyze, interpret and apply provisions of the Comprehensive Environmental Response, Compensation, and Liability Act. * * * "Congress enacted CERCLA in 1980, as amended by the Superfund Amendments and Reauthorization Act of 1986 (SARA), Pub. L. No. 99-499, 100 Stat. 1613, 'in response to the serious environmental and health risks posed by industrial pollution.'" Chubb Custom Ins. Co. v. Space Sys./Loral, Inc., 710 F.3d 946, 956 (9th Cir. 2013) (quoting Burlington N. & Santa Fe Ry. Co. v. United States, 556 U.S. 599, 602, 129 S.Ct. 1870, 173 L.Ed.2d 812 (2009)). CERCLA "imposes strict liability on four categories of potentially responsible parties (PRPs), for the cleanup costs of an environmental hazard, even if the person did not contribute to the contamination." Id. at 956-57 (footnote omitted). The four categories of PRPs are: (1) a past owner or operator of a facility; (2) an owner or operator of a facility; (3) an arranger of waste disposal; or (4) an entity that accepts waste for treatment or disposal. United States v. Shell Oil Co., 294 F.3d 1045, 1053 (9th Cir. 2002); see 42 U.S.C. § 9607(a). Once a PRP is found liable, it may sue other PRPs for contribution to remediation costs under 42 U.S.C. § 9613(f). TDY Holdings, LLC v. US, 885 F. 3d 1142 (9th Cir. 2018)