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Full-Text Articles in Energy and Utilities Law
Attorney Fees As Superfund Response Costs, K.K. Duvivier, Carolyn L. Buchholz
Attorney Fees As Superfund Response Costs, K.K. Duvivier, Carolyn L. Buchholz
Sturm College of Law: Faculty Scholarship
Although other areas of natural resources law have been hit by hard times, the environ- mental area is burgeoning. The intricacies of the Comprehensive Environmental Response, Com- pensation and Liability Act (CERCLA or Super- fund), as amended by the Superfund Amendments and Reauthorization Act of 1986 (SARA), ensure attorney participation. Further- more, much of the fuel that drives CERCIA lit- igation is the presumption by many clients that their attorney fees are costs that can be re- covered as response costs under section 107 of CERCLA. 42 U.S.C. S 9607 (1983). Such an assumption may be a serious and costly …