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Full-Text Articles in Law
What Evidence Will Justify An Allocation Of Liability Among Responsible Parties Under Superfund?, Robert H. Abrams
What Evidence Will Justify An Allocation Of Liability Among Responsible Parties Under Superfund?, Robert H. Abrams
Journal Publications
Burlington No. & Santa Fe R. Co. v. United States and Shell Oil Co. v. United States Docket Nos. 07-1601 and 07-1607. Argument date: February 24, 2009, From: The Ninth Circuit
Case at a Glance: Over a 30-year period Shell Oil delivered bulk agricultural chemicals to a now-contaminated reseller's site in California. Part of the site was leased from Burlington Northern Railroad. When the site operator failed, the United States and California incurred costs in cleaning the parcel and successfully sought to impose joint and several liability on Shell and the railroad. Shell contends it is not liable under Superfund …
Environmental Law In The "New" Supreme Court, Robert Abrams
Environmental Law In The "New" Supreme Court, Robert Abrams
Journal Publications
In the 2006 term the United States Supreme Court issued plenary decisions in four environmental cases. As is usually the case, all four environmental cases that reached the Supreme Court presented nuanced questions of statutory interpretation, most of which were intertwined with administrative law issues. The decisions this term are of unusual importance, as all have significant aspects, either practical, precedential, or attitudinal. Additionally, two of the cases exhibit the 5-4 cleavage, so common in this term's decisions, in which Justice Kennedy is the outcome-determinative swing voter. On unusual occasions there are environmental cases decided by the Supreme Court that …
When "Responsible Parties" Clean Up Voluntarily, Can They Use Superfund To Get Some Of Their Cleanup Costs Back?, Robert H. Abrams, Amy Kullenberg
When "Responsible Parties" Clean Up Voluntarily, Can They Use Superfund To Get Some Of Their Cleanup Costs Back?, Robert H. Abrams, Amy Kullenberg
Journal Publications
No abstract provided.
Attorneys' Fees Are Costly, But Are They A Recoverable Cost Of Environmental Cleanup Under Superfund?, Robert H. Abrams
Attorneys' Fees Are Costly, But Are They A Recoverable Cost Of Environmental Cleanup Under Superfund?, Robert H. Abrams
Journal Publications
No abstract provided.
Overcoming Environmental Discrimination: The Need For A Disparate Impact Test And Improved Notice Requirements In Facility Siting Decisions, Omar Saleem
Journal Publications
No abstract provided.