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Environmental Law

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Touro Law Review

CERCLA

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Are Some Polluters More Equal Than Others? A Critique Of Caselaw Establishing Preferential Treatment Of Federal Potentially Responsible Parties (Prps) Under Cercla, Dianne K. Leverrier Mar 2016

Are Some Polluters More Equal Than Others? A Critique Of Caselaw Establishing Preferential Treatment Of Federal Potentially Responsible Parties (Prps) Under Cercla, Dianne K. Leverrier

Touro Law Review

No abstract provided.


An Act Of War: Finding A Meaning For What Congress Has Left Undefined, Desiree Gargano May 2013

An Act Of War: Finding A Meaning For What Congress Has Left Undefined, Desiree Gargano

Touro Law Review

There are often environmental concerns with any new construction project. One often unforeseen aspect of this is the liability that occurs after a building is destroyed. Property owners have generally faced strict liability for the release of hazardous waste under section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act. This Comment examines why the act of war defense has consistently failed and determines if the law places too high of a burden on property owners who assert this defense.