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U.S. v. Glatfelter and NCR Co. v. George A. Whiting Paper Co. : Seventh Circuit's Latest Interpretation of CERCLA Liabilities.

Authors :
Liu, Chang
Source :
Environmental Claims Journal; Jul-Sep2015, Vol. 27 Issue 3, p175-195, 21p
Publication Year :
2015

Abstract

Although a crucial part of the federal government's legal arsenal against polluters in environmental enforcement actions, theComprehensive Environmental Response, Compensation, and Liability Act(CERCLA) is nevertheless an ambiguously and confusingly drafted statute requiring constant judicial interpretations of its application in litigation. Last year, several decisions delivered by the Court of Appeals of the Seventh Circuit have provided the latest interpretations, particularly further distinguishing between sections 107 and 113 claims, as well as clarifying apportionment and allocation of liabilities. This article discusses these decisions and tries to analyze their impact on future CERCLA litigations. [ABSTRACT FROM PUBLISHER]

Details

Language :
English
ISSN :
10406026
Volume :
27
Issue :
3
Database :
Complementary Index
Journal :
Environmental Claims Journal
Publication Type :
Academic Journal
Accession number :
109075033
Full Text :
https://doi.org/10.1080/10406026.2015.1062665