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A Shallow Fix: The Uniform Environmental Covenants Act Leaves Hard Brownfield Questions Unanswered, Paul Stanton Kibel

Paul Stanton Kibel

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There And Back Again: The Progression Of Regression Of Contribution Actions Under Cercla, Richard O. Faulk

Richard Faulk

Surely no environmental law controversy in recent memory has followed a path filled with more surprises and twists than the strange progression and regression of contribution claims under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). As a result of new developments, it is indeed difficult to "keep your feet" as the tides of change sweep away well-settled expectations-expectation~ that have guided the conduct of parties since the inception of cost recovery and contribution under federal environmental law. CERCLA was passed in 1980 to provide a way for governments and private parties to conduct cleanups and recover their cleanup …

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On The Role Of Cost-Benefit Analysis In Environmental Law, Shi-Ling Hsu

Shi-Ling Hsu

Legal scholarship on the role of cost-benefit analysis in environmental law is often stimulating, but does not seem to be changing anybody's mind. The entrenchment of a camp of detractors and a camp of advocates of cost-benefit analysis parallels the impasse that has stymied environmental law for over a decade. Professors Lisa Heinzerling and Frank Ackerman have co-authored a book that captures most of the arguments from the detractor side, and have done so skillfully and powerfully. However, this review criticizes the book's contribution to perpetuating this intellectual stalemate. The book does this by focusing on an environmental theory of …