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Author: Katherine N. Probst Publisher: Routledge ISBN: 113588921X Category : Technology & Engineering Languages : en Pages : 102
Book Description
While more than 2,700 emergency removals of hazardous materials have taken place under Superfund, implementing the long-term cleanup program has been the object of considerable controversy. One of the most contentious issues is whether the liability standards in the law should be revised. The authors analyze the pros and cons associated with the current liability approach, as well as with a variety of alternative strategies.
Author: Katherine N. Probst Publisher: Routledge ISBN: 113588921X Category : Technology & Engineering Languages : en Pages : 102
Book Description
While more than 2,700 emergency removals of hazardous materials have taken place under Superfund, implementing the long-term cleanup program has been the object of considerable controversy. One of the most contentious issues is whether the liability standards in the law should be revised. The authors analyze the pros and cons associated with the current liability approach, as well as with a variety of alternative strategies.
Author: Katherine N. Probst Publisher: Routledge ISBN: 1135889147 Category : Technology & Engineering Languages : en Pages : 76
Book Description
While more than 2,700 emergency removals of hazardous materials have taken place under Superfund, implementing the long-term cleanup program has been the object of considerable controversy. One of the most contentious issues is whether the liability standards in the law should be revised. The authors analyze the pros and cons associated with the current liability approach, as well as with a variety of alternative strategies.
Author: David M. Bearden Publisher: Createspace Independent Pub ISBN: 9781479105892 Category : Political Science Languages : en Pages : 46
Book Description
Congress enacted the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA; P.L. 96-510) in response to a growing desire for the federal government to ensure the cleanup of the nation's most contaminated sites to protect the public from potential harm. The Superfund Amendments and Reauthorization Act of 1986 (P.L. 99-499, SARA) clarified the applicability of the statute's requirements to federal facilities, and modified various response, liability, and enforcement provisions. Several other laws also have amended CERCLA for specific purposes, including relief from cleanup liability for certain categories of parties, and the authorization of federal assistance for the cleanup of abandoned or idled “brownfields” where the presence or perception of contamination may impede economic redevelopment. CERCLA authorizes cleanup and enforcement actions to respond to actual or threatened releases of hazardous substances into the environment, but generally excludes releases of petroleum and certain other materials covered by other federal laws. Considering the limitation of federal resources to address the many contaminated sites across the United States, CERCLA directs the Environmental Protection Agency (EPA) to maintain a National Priorities List (NPL) to identify the most hazardous sites for the purpose of prioritizing cleanup actions. The states and the public may participate in federal cleanup decisions at NPL sites. The states primarily are responsible for pursuing the cleanup of sites not listed on the NPL, with the federal role at these sites limited mainly to addressing emergency situations. CERCLA established a broad liability scheme that holds past and current owners and operators of facilities from which a release occurs financially responsible for cleanup costs, natural resource damages, and the costs of federal public health studies. At waste disposal sites, generators of the wastes and transporters of the wastes who selected the site for disposal also are liable under CERCLA. The liability of these “potentially responsible parties” (PRPs) has been interpreted by the courts to be strict, joint and several, and retroactive. At contaminated federal facilities, federal agencies are subject to liability under CERCLA as the owners and operators of those facilities on behalf of the United States. Federal agencies also may be liable in instances in which an agency generated or transported waste for disposal at a non-federal facility. CERCLA established the Hazardous Substance Superfund Trust Fund to pay for the cleanup of sites where the PRPs cannot be found or cannot pay. A combination of special taxes on industry and general taxpayer revenues originally financed the Superfund Trust Fund, but the authority to collect the industry taxes expired on December 31, 1995. Over time, Congress increased the contribution of general revenues to make up for the shortfall from the expired industry taxes. General revenues now provide most of the funding for the trust fund, but other monies continue to contribute some revenues (i.e., cost-recoveries from PRPs, fines and penalties for violations of cleanup requirements, and interest on the trust fund balance). The availability of these trust fund monies under the Superfund program is subject to appropriations by Congress. Private settlement funds deposited into site-specific Special Accounts within the Superfund Trust Fund also are available to EPA, but are not subject to discretionary appropriations. Considering the liability of the federal government at its own facilities, the cleanup of federal facilities is not funded with Superfund Trust Fund monies under the Superfund program, but with other federal monies appropriated to the agencies responsible for administering the facilities. However, EPA and the states remain responsible for overseeing and enforcing the implementation of CERCLA at federal facilities to ensure that applicable cleanup requirements are met.
Author: United States. Congress. Senate. Committee on Environment and Public Works. Subcommittee on Superfund, Waste Control, and Risk Assessment Publisher: ISBN: Category : Environmental law Languages : en Pages : 1086
Author: Thomas W. Church Publisher: Brookings Institution Press ISBN: 9780815723066 Category : Political Science Languages : en Pages : 230
Book Description
The federal Superfund program for cleaning up America's inactive toxic waste sites is noteworthy not only for its enormous cost - $15.2 billion has been authorized thus far - but also for its unique design. The legislation that created Superfund provided the Environmental Protection Agency with a diverse set of policy tools. Preeminent among them is a civil liability scheme that imposes responsibility for multimillion dollar cleanups on businesses and government units linked - even tangentially - to hazardous waste sites. Armed with this potent policy implement, the agency can order the parties who are legally responsible for the toxic substances at a site to clean it up, with large fines and damages for failure to comply. EPA can also offer conciliatory measures to bring about voluntary, privately financed cleanup; or it can launch a cleanup initially paid for by Superfund and later force the responsible parties to reimburse the government. In this book, Thomas W. Church and Robert T. Nakamura provide the first in-depth study of Superfund operations at hazardous waste sites. They examine six Superfund cleanups, including three regions and both 'hard' and 'easy' sites, to ask 'what works?' Based on detailed case studies, the book describes various strategies that have been applied by government regulators and lawyers and the responses to those different strategies by businesses and local government officials. The authors characterize the implementation strategies used by the EPA as prosecution, accommodation, and public works. They point out that the choice of strategy involves setting priorities among Superfund's competing objectives. They conclude that the best implementation strategy is one that considers the context of each site and the particular priorities in each case. Looking toward the reauthorization of Superfund, they also offer recommendations for improvements in the organization of the program and discuss proposals for change in its liability scheme.
Author: Carole Stern Switzer Publisher: American Bar Association ISBN: 9781590311165 Category : Law Languages : en Pages : 160
Book Description
This is the fifth book in a series that concentrates on basic information for the environmental law practitioner. In this instance, the focus is on the Comprehensive Environmental Response, Compensation and Liability Act of 1980.
Author: John B. Stephenson Publisher: DIANE Publishing ISBN: 9781422302675 Category : Law Languages : en Pages : 92
Book Description
The burden of cleaning up Superfund & other haz. waste sites is increasingly shifting to taxpayers, part'y. since bus. handling haz. sub. are no longer taxed under Superfund & the backlog of sites needing cleanup is growing. While environ. laws rely on the polluter paysÓ principle, the extent to which liable parties cease oper. or restructure can directly affect the cleanup costs faced by taxpayers. This report: determines how many bus. with liab. under fed. law for environ. cleanups have declared bankruptcy, & how many such cases the gov't. has pursued in court; identifies challenges the EPA faces in holding bankrupt & other financially distressed bus. resp. for their cleanup oblig.; & identifies actions that EPA could take to ensure that bus. pay for their cleanups.
Author: United States. Congress. Senate. Committee on Environment and Public Works. Subcommittee on Superfund, Waste Control, and Risk Assessment Publisher: ISBN: Category : Law Languages : en Pages : 136
Author: Katherine N. Probst
Author: Katherine N. Probst
Author: Katherine N. Probst
Author: David M. Bearden
Author: United States. Congress. Senate. Committee on Environment and Public Works. Subcommittee on Superfund, Waste Control, and Risk Assessment
Author: David M. Bearden
Author: Thomas W. Church
Author: Carole Stern Switzer
Author: John B. Stephenson
Author: Allan Topol
Author: United States. Congress. Senate. Committee on Environment and Public Works. Subcommittee on Superfund, Waste Control, and Risk Assessment