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Sue And Settle: Demonizing The Environmental Citizen Suit, Stephen M. Johnson
Sue And Settle: Demonizing The Environmental Citizen Suit, Stephen M. Johnson
Seattle University Law Review
In the spring of 2013, industry groups and states began a concerted lobbying effort to oppose citizen enforcement of the federal environmental laws. The United States Chamber of Commerce and lobbyists for states created a catch-phrase—“sue and settle”—to demonize citizen enforcement and the federal government’s practice of settling lawsuits it is destined to lose in court. The Chamber alleged that the federal government, by settling lawsuits brought by citizens groups rather than defending them in court, was colluding with those non-governmental organizations and excluding other affected parties to reallocate the agencies’ priorities and obligations. Federal environmental laws establish a central …
Boeing Co. V. Aetna Casualty & Surety Co.: Cercla Response Costs Covered "As Damages" Under Comprehensive General Liability Insurance Policies , Kimberly A. Richter
Boeing Co. V. Aetna Casualty & Surety Co.: Cercla Response Costs Covered "As Damages" Under Comprehensive General Liability Insurance Policies , Kimberly A. Richter
Seattle University Law Review
This Comment will examine the CERCLA provisions that empower the government to clean up dangerous hazardous waste sites and to seek reimbursement of clean-up costs from polluters. It will then outline the standard provisions of CGL policies, which require insurers to indemnify insureds for all costs incurred "as damages" under the terms of the policy. Next, the Comment will set forth the two primary methods of interpretation employed by courts to determine whether CERCLA response costs are covered damages under CGL policies. The Comment will then set forth Washington law which provided the foundation for the Washington Supreme Court's decision …