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- Actual purchaser (1)
- CERCLA (1)
- Comprehensive Environmental Response Compensation and Liability Act (1)
- HB 592 (1)
- Innocent purchaser defense (1)
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- Judicial interpretation (1)
- Liability (1)
- Ohio General Assembly (1)
- Pending recycling legislation (1)
- Proposed recycling legislation in Ohio (1)
- Prospective purchaser (1)
- SARA (1)
- SB 152 (1)
- SB 97 (1)
- State Solid Waste Management Plan (1)
- Superfund Amendment Reauthorization Act (1)
- Superfund liability (1)
- Third party affirmative defense (1)
Articles 1 - 2 of 2
Full-Text Articles in Law
Superfund Liability Alternatives For The Innocent Purchaser, David W. Marczely
Superfund Liability Alternatives For The Innocent Purchaser, David W. Marczely
Cleveland State Law Review
The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) imposes liability for cleanup costs where there has been a release to the environment of a hazardous substance. Liability has been construed by the courts as strict, even though Congress rejected an explicit provision of strict liability. Moreover, CERCLA liability permits no defenses except those found in the Act. CERCLA provides an affirmative defense to liability actions where a third party has solely caused the release of the hazardous substance. Congress attempted to clarify the land contract issue as part of the Superfund Amendments and Reauthorization Act of 1986 …
Evaluation Of Recycling Legislation Pending Before The 119th Session Of The Ohio General Assembly, Christopher D. Knopf
Evaluation Of Recycling Legislation Pending Before The 119th Session Of The Ohio General Assembly, Christopher D. Knopf
Cleveland State Law Review
This Article summarizes and analyzes the recycling bills before the 119th Session of the Ohio General Assembly. Part I of this Article reviews the requirements and recommendations of H.B. 592 and the State Plan. Part II provides an overview of the recycling bills and identifies the three basic approaches to recycling represented by these bills. Parts III, IV, V, and VI summarize and evaluate the recycling bills. This Article uses three criteria to evaluate the recycling bills: (1) consistency with H.B. 592 and the State Plan, (2) effectiveness in preventing the disposal of solid waste in landfills, and (3) efficiency …