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Full-Text Articles in Law
Hazardous Jurisdiction/Chatham Steel Corporation V. Brown: A Note On Personal Jurisdiction And Cercla, Martin A. Mccrory
Hazardous Jurisdiction/Chatham Steel Corporation V. Brown: A Note On Personal Jurisdiction And Cercla, Martin A. Mccrory
Cleveland State Law Review
In 1986, the Comprehensive Environmental Response Compensation and Liability Act (CERCLA) was amended to include, among other things, a provision for nationwide service of process. This provision greatly increased the choice of federal forums in which to sue defendants in CERCLA cases. In Chatham v. Brown, the court broke from this line of thinking and analyzed the case using a traditional constitutional Due Process analysis. Although the Chatham court ultimately held that it had personal jurisdiction over the defendants, the analysis it used may be a harbinger of things to come. That is to say, the constitutional analysis in Chatham …
Industrial Property Transfer Liability: Reality V. Necessity, Ellen Joanne Gerber
Industrial Property Transfer Liability: Reality V. Necessity, Ellen Joanne Gerber
Cleveland State Law Review
Under the Comprehensive Environmental Response Compensation and Liability Act, the current owner is liable for the cleanup of hazardous waste, even if a previous owner was responsible for the soil and groundwater contamination, unless he can prove he is an innocent landowner. In response to CERCLA, many owners of industrial facilities have chosen to relocate their companies to rural areas. Unfortunately, these actions have a substantial impact on former industrial urban areas. Section II of this article discusses the liability of a landowner in a CERCLA action. In addition, it sets forth the elements of the innocent landowner defense and …
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 …
Judicial Development Of Standards Of Liability In Government Enforcement Actions Under The Comprehensive Environmental Response, Compensation And Liability Act, Stephen Q. Giblin, Dennis M. Kelly
Judicial Development Of Standards Of Liability In Government Enforcement Actions Under The Comprehensive Environmental Response, Compensation And Liability Act, Stephen Q. Giblin, Dennis M. Kelly
Cleveland State Law Review
The Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA) represents the first major attempt on a national level to address the problem of abandoned hazardous waste sites. CERCLA permits an action to be brought in federal court for recovery of amounts disbursed from the Superfund against, inter alia, any person who arranges for treatment or disposal of wastes at a site, typically the generator of the hazardous wastes. CERCLA's enforcement provisions contain numerous ambiguities and apparent inconsistencies on issues that directly affect the potential liability of CERCLA's defendants. Many of the inadequacies probably can be traced to the …
When Is One Generator Liable For Another's Waste, Kenneth C. Moore, Kathiann M. Kowalski
When Is One Generator Liable For Another's Waste, Kenneth C. Moore, Kathiann M. Kowalski
Cleveland State Law Review
Since the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (Superfund Act) was adopted as a compromise bill by the lame duck Congress in December of 1980, companies that generated and disposed of hazardous wastes at off-site facilities have been seriously concerned about the question of when one company can be held liable for clean-up and other response costs associated with another company's wastes. Two issues are central to the question of when one generator may be liable for another's waste: 1) whether and to what extent a causal connection must be shown to exist between a generator's waste …