Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 1 of 1
Full-Text Articles in Law
Easment Holder Liability Under Cercla: The Right Way To Deal With Rights-Of-Way, Jill D. Neiman
Easment Holder Liability Under Cercla: The Right Way To Deal With Rights-Of-Way, Jill D. Neiman
Michigan Law Review
Responding to growing public concern about the accumulation of toxic wastes, Congress in 1980 passed the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). CERCLA authorizes federal action to clean up, or to require others to clean up, leaking hazardous waste sites. Congress placed the financial burden for this cleanup on those responsible for the problem and on those who benefited from improper methods of hazardous waste disposal. Through this liability scheme, Congress also intended CERCLA to encourage responsible or benefited parties to respond voluntarily to the hazardous waste problem.
Part I asserts that CERCLA's legislative history, when read against …