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Full-Text Articles in Law
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.
Strategies For Environmental Justice: Rethinking Cercla Medical Monitoring Lawsuits, Colin Crawford
Strategies For Environmental Justice: Rethinking Cercla Medical Monitoring Lawsuits, Colin Crawford
Publications
This Article argues that by concentrating largely on expanding the scope of constitutional jurisprudence, lawyers and legal academics have failed to examine possibilities for strategic lawsuits using the elaborate array of existing federal environmental statutes. Specifically, both lawyers and legal academics have needlessly neglected or shied away from the medical monitoring lawsuit available under section 107(a)(4)(B) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), to the disadvantage of potential environmental justice plaintiffs.
How To Save The National Priorities List From The D.C. Circuit -- And Itself, John S. Applegate
How To Save The National Priorities List From The D.C. Circuit -- And Itself, John S. Applegate
Articles by Maurer Faculty
No abstract provided.
Cercla, Causation, And Responsibility, John C. Nagle
Cercla, Causation, And Responsibility, John C. Nagle
Journal Articles
The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ("CERCLA") and causation have enjoyed an uneasy coexistence. The tension between them results from the circumstances in which CERCLA became law. The Congress that enacted CERCLA considered two alternative liability schemes, both of which required that "polluters pay" for the cleanup of hazardous wastes. The House proposed imposing liability on those who "caused or contributed" to hazardous waste problems, while the Senate looked to specifically designated "responsible parties." The Senate prevailed. The consequences of that choice for the traditional tort concept of causation, like many other questions left unanswered in …