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Full-Text Articles in Law
The Deepwater Horizon Oil Spill Trust And The Gulf Coast Claims Facility: The “Superfund” Myth And The Law Of Unintended Consequences, Alfred R. Light
The Deepwater Horizon Oil Spill Trust And The Gulf Coast Claims Facility: The “Superfund” Myth And The Law Of Unintended Consequences, Alfred R. Light
Golden Gate University Environmental Law Journal
Two months after the April 2010 Deepwater Horizon explosion, BP and the Obama White House announced the creation of the $20 billion Deepwater Horizon Oil Spill Trust (“the Trust”) to pay individuals and businesses suffering losses arising from the disaster. Although BP initially paid certain claimants, Kenneth R. Feinberg, a Washington lawyer who previously administered the 9/11 Compensation Fund, opened the Gulf Coast Claims Facility (“the Facility” or GCCF) in August to “independently” resolve disaster claims against BP. As publicly advertised, the Facility and the $20 billion Trust, to which it has access to pay claims, are designed to address …
Lyon's Roar, Then A Whimper: The Demise Of Broad Arranger Liability In The Ninth Circuit After The Supreme Court's Decision In Burlington Northern, Jon-Erik W. Magnus
Lyon's Roar, Then A Whimper: The Demise Of Broad Arranger Liability In The Ninth Circuit After The Supreme Court's Decision In Burlington Northern, Jon-Erik W. Magnus
Golden Gate University Environmental Law Journal
This Comment will examine the development of arranger liability under Ninth Circuit jurisprudence, specifically looking at the impact of Ninth Circuit‟s decision in Burlington Northern and the impact of the Supreme Court‟s reversal. Section II of this Comment will briefly examine the mechanisms for triggering CERCLA liability, specifically the definition of arranger liability under CERCLA. Next, Section III will address arranger liability in the Ninth Circuit. Specifically, this discussion will consider “direct” arranger liability considered in Cadillac Fairview/California, Inc. v. United States, which examined when transactions constitute “arrangements for disposal,” as contrasted with Burlington Northern, which expanded and applied a …
Fighting Uncertainty: Municipal Partnerships With Redevelopment Agencies Can Mitigate Uncertainty To Encourage Brownfield Redevelopment, Michael J. Minkus
Fighting Uncertainty: Municipal Partnerships With Redevelopment Agencies Can Mitigate Uncertainty To Encourage Brownfield Redevelopment, Michael J. Minkus
Golden Gate University Environmental Law Journal
Section I of this Comment surveys the brownfield problem and provides background. It notes the conflicting views of environmentalists and developers toward brownfield remediation and outlines the federal and California laws that govern cleanup of contaminated properties. Section II of this Comment examines the effect of uncertainty on liability risk and investment risk, proposing that brownfield developments be municipally led in partnership with redevelopment agencies. It also notes that municipal control of land use, eminent domain, and tax incentives make municipal public-sector leadership of brownfield projects effective. The section notes national concern over property rights, suggesting that condemnation of contaminated …