Law Commons^™

The Problems With The Private Enforcement Of Cercla: An Empirical Analysis, Garry A. Gabison

Garry A. Gabison

This paper investigates the effect of the public enforcement filings on the private filings of CERCLA suits. First, this paper argues and empirically tests that private suits are more substitute than complement of private suits. Second, it finds that the EPA has in place procedures and remedies not accessible to private enforcers. In general, the EPA settles more cases pre- and post filing. Furthermore, private parties have more cases dismissed. This paper argues that this point to the EPA selecting easier cases and leaving harder cases to the private enforcer – or so its procedures make it seem from the …