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Climate Change And Cercla Remedies: Adaptation Strategies For Contaminated Sediment Sites, Katrina Fischer Kuh
Climate Change And Cercla Remedies: Adaptation Strategies For Contaminated Sediment Sites, Katrina Fischer Kuh
Elisabeth Haub School of Law Faculty Publications
This article considers climate change questions in the context of a particular type of contaminated site--sites with contaminated sediments subject to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Although climate change may impact a variety of waste sites in different ways, even those without sediment contamination, this article focuses on sediment sites so as to frame a more manageable inquiry susceptible to in-depth treatment. The following section, Part II, identifies the vulnerability of contaminated sediment sites to climate change. The section describes sediment contamination, regulatory approaches to remediating contaminated sediments, and how climate change may impact sediment remedies. …
Defending Superfund And Rcra Imminent Hazard Cases, Jeffrey G. Miller
Defending Superfund And Rcra Imminent Hazard Cases, Jeffrey G. Miller
Elisabeth Haub School of Law Faculty Publications
Early development of a strategy involves a thorough knowledge of the facts of the case, a knowledge of possible legal defenses, and an ability to predict governmental concerns and actions. Since the facts will differ from case to case, no single strategy can be recommended although a number are suggested. The following discussion of possible legal defenses is by no means exhaustive. The government's announced intentions and attitudes are examined, together with some of the relevant forces at work on and in the government. From considering the facts, possible defenses, are probable government reactions, strategies can be developed and tactics …