CERCLA enforcement a practitioner"s compendium of essential EPA guidance and policy documents

Cover of: CERCLA enforcement |

Published by ABA, Section of Natural Resources, Energy, and Environmental law in [Chicago, Ill.] .

Written in English

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  • United States.


  • Liability for hazardous substances pollution damages -- United States.,
  • Liability for environmental damages -- United States.

Edition Notes

Book details

StatementCarole Stern, John A. McKinney, Jr., David B. Graham, editors.
ContributionsSwitzer, Carole Stern, 1956-, McKinney, John A., 1948-, Graham, David B., 1942-, American Bar Association. Section of Natural Resources, Energy, and Environmental Law.
LC ClassificationsKF1299.H39 C38 1996
The Physical Object
Pagination1 v. (various pagings) :
ID Numbers
Open LibraryOL824743M
ISBN 101570732485
LC Control Number95081156

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EPA’s primary enforcement authorities are set forth in §§ and of CERCLA. CERCLA § authorizes EPA to collect information from, and obtain access to, Federal facilities.

Such authority includes the issuance of orders compelling access and information. Under the authority of the Comprehensive Environmental Response, Compensation, and Liability Act of (CERCLA, commonly known as Superfund), the Superfund enforcement program gets sites cleaned up by finding the companies or people responsible for contamination at a site and negotiating with or ordering them to do the cleanup themselves, or to pay for the cleanup done by another party (i.e.

The Superfund Enforcement Process: How it Works (July 1, ). Fact sheet describes the enforcement authorities and the process followed under Superfund. Top of Page.

Collection. Superfund (e) Information Request Collection of Questions. EPA uses many approaches to do this CERCLA enforcement book, including the use of "information request letters" to.

A detailed discussion of enforcement of CERCLA section and Emer- gency Planning and Community Right-to-Know Act (EPCRA) sections towhich concern emergency planning, notification, and right-to- know, can be found in die Enforcement Reference-Manual for EPCRA Sections, andand CERCLA section finalized by.

This interim guidance discusses CERCLA section (p) and identifies some factors EPA and DOJ will consider in exercising enforcement discretion with MSW generators at NPL sites. Supplements the 12/6/ and 2/5/ municipal settlement policy documents.

Get print book. No eBook available. highlight, and take notes, across web, tablet, and phone. Go to Google Play Now» Outline of RCRA/CERCLA Enforcement Issues and Holdings. Chemical Waste Litigation Reporter, - Hazardous wastes.

0 Reviews. What people are saying - Write a review. Legislative History of CERCLA. Back to Top: Revised Penalty Matrix for RCRA Section Civil Penalty Policy - (1/23/20) Revised penalty matrix for RCRA Section civil penalty policy.

The district court also found Lee liable as an "owner or operator" pursuant to CERCLA § (aXD, 42 U S C $ (aXD, and as a "person who by contract, agreement, or otherwise arranged with a transporter for transport for disposal. of hazardous substances," pursuant to CERCLA § (aX3), 42 U.S C } (aX3) Id.

at The district court. Outline of RCRA/CERCLA Enforcement Issues and Holdings. Chemical Waste Litigation Reporter, - Hazardous wastes. 0 Reviews. From inside the book. What people are saying - Write a review. We haven't found any reviews in the usual places. Contents. Outline of RCRACERCLA Enforcement Issues and Holdings.

Enforcement of CERCLA: Big Business Challenges and a Small Business Problem Scott Corley* Abstract With the Deepwater Horizon oil drill disaster in and the disaster at Japan's Fukushima Dai-Ichi nuclear power plant inmore attention has recently been focused on the government's role in responding to and.

Revisiting CERCLA Pre-Enforcement Review Posted on Febru by Mark W. Schneider As a private practitioner and former trial attorney at the U.S. Department of Justice, I have advocated for timely and cost-effective cleanups that protect public health and the environment. Enforcement at Federal Facilities Federal agencies and their facilities must comply with environmental laws and requirements in the same manner and to the same extent as any other regulated facility.

Federal facilities include lands and improvements to lands (buildings, structures, and equipment) owned by, constructed or manufactured for the. Get this from a library.

CERCLA enforcement: a practitioner's compendium of essential EPA guidance and policy documents. [Carole Stern Switzer; John A McKinney; David B Graham; American Bar Association. Section of Natural Resources, Energy, and Environmental Law.;].

COVID Resources. Reliable information about the coronavirus (COVID) is available from the World Health Organization (current situation, international travel).Numerous and frequently-updated resource results are available from this ’s WebJunction has pulled together information and resources to assist library staff as they consider how to handle coronavirus.

referred no new CERCLA enforcement cases t o DOJ from Janu until April 1,and onl y three such cases were f iled in the five months t hat : Joel Mintz. Cercla Enforcement Policy Manual (Shepard's Environmental Law Series) by Richard H.

Mays (Editor) ISBN ISBN Why is ISBN important. ISBN. This bar-code number lets you verify that you're getting exactly the right version or edition of a book. EPA Enforcement of CERCLA: Historical Overview and Recent Trends Southwestern University Law Review, Vol.

41,9. 64, NSU Shepard Broad Law Center Research Paper No. Cited by: 6. Developing a CERCLA Enforcement Case for Cost Avoidance/Cost Recovery TR /TR 2. The release or threat of release is from a facility.

Such release has caused response costs. The party against whom liability is asserted qualifies as a PRP. A PRP, according to CERCLA Section (a), is. CERCLA COMPLIANCE WITH OTHER LAWS MANUAL DRAFT GUIDANCE August 8, United States Environmental Protection Agency Office of Emergency and Remedial Response Washington, D.

^ Word-searchable version – Not a true copyFile Size: 1MB. The CERCLA information system (CERCLIS) is a database maintained by the EPA and the states that lists sites where releases may have occurred, must be addressed, or have been addressed.

CERCLIS consists of three inventories: the CERCLIS Removal Inventory, the CERCLIS Remedial Inventory, and the CERCLIS Enforcement d by: the 96th United States Congress. Quick and convenient, this book provides a concise overview of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), commonly known as Superfund, and the regulations implementing it.

That, plus a liability scheme that is generally strict, and joint and several, tips CERCLA into its own special class among the environmental enforcement statutes. Notwithstanding its breadth and scope, the statute has survived multiple constitutional challenges. Because, as we shall see, EPA's administration of the Superfund Program has been at the vortex of a series of important disputes between the upper echelons of EPA's management and interested members of Congress, the Agency's enforcement of RCRA and CERCLA liability standards receives considerable emphasis in this book.

CERCLA Compliance With Other Laws Manual are based on policies in the proposed revisions to the National Oil and Hazardous Substances Pollution Contingency Plan (NCP), which was published on Decem (53 FR ).

The final NCP may adopt policies different than those in these manuals and should,File Size: 2MB. Superfund practitioners have long known that unilateral orders issued by EPA under Section (a) of the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”), commonly known as the Superfund statute, can be very potent enforcement tools.

Recipients of such orders who “willfully” choose to defy them, “without sufficient cause,” face the. CERCLA--Comprehensive Environmental Response, Compensation, and Liability Act (Superfund): Basic Practice Series 2nd Edition.

by Carole Stern Switzer (Author) › Visit Amazon's Carole Stern Switzer Page. Find all the books, read about the author, and more. Author: Carole Stern Switzer. BLM Handbook H CERCLA Response Actions Handbook 1 Release 7/02/01 BLM MANUAL Section 1: Authorities and Responsibilities It is the mission of the Bureau of Land Management (BLM) to sustain the health, diversi-ty, and productivity of the public lands for the use and enjoyment of present and future generations.

@article{osti_, title = {Hazardous waste regulation handbook: a practical guide to RCRA and Superfund}, author = {Weinberg, D.B. and Goldman, G.S. and Briggum, S.M.}, abstractNote = {Environmental managers and their counsel can use this handbook for compliance with the Resource Conservation and Recovery Act (RCRA) and the Comprehensive Environmental Response.

@article{osti_, title = {Transmittal of guidance on use and enforcement of CERCLA information requests and administrative subpoenas}, author = {Not Available}, abstractNote = {The directive provides an overview of the information gathering tools under CERCLA section (e) and (e)(3), and focuses on the steps to be taken throughout the information gathering process to ensure that EPA.

Stoel Rives attorney Thomas Braun reviews the U.S. Supreme Court Sackett case and its potential implications for the Comprehensive Environmental Response Compensation and Liability Act (CERCLA) in an article published by the ABA Section of Environment, Energy and d by the Supreme Court on MaSackett held that plaintiffs could.

This book, by one of the nation's first environmental prosecutors, is a detailed guide to environmental enforcement for members of the regulated community and their counsel.

Environmental Enforcement: Civil and Criminal explains the potential consequences of enforcement actions and discusses procedures to follow to minimize exposure.

(a) General. (1) States are encouraged to undertake actions authorized under subpart E. Section (d)(1) of CERCLA authorizes EPA to enter into cooperative agreements or contracts with a state, political subdivision, or a federally recognized Indian tribe to carry out Fund-financed response actions authorized under CERCLA, when EPA determines that the state, the political subdivision, or.

ENFORCEMENT OF CERCLA AGAINST INNOCENT OWNERS OF PROPERTY Joel S. Moskowitz* and Scott R. Hoyt** I. INTRODUCTION Inthe allocation of $ billion over a five year period for hazardous waste cleanup seemed to be an impressive expression of na- tional will, however fuzzy the economics which suggested the adequacy.

A federal court in Kansas has ruled that the CERCLA bar on pre-enforcement review applies to a lawsuit challenging an ongoing cleanup conducted. 2 - Superfund Liability, Enforcement and Settlements The information in this document is not by any means a complete representation of EPA's regulations or policies, but is an introduction used for Hotline training purposes.

• List the CERCLA enforcement mechanisms available to EPA • Explain CERCLA §§ and provisions. Preenforcement Review Under CERCLA: Potentially Responsible Parties Seek an Early Day in Court Barnett M.

Lawrence. Editors' Summary: This article describes EPA's process for handling hazardous waste sites governed by CERCLA: which authorities will the agency use, how will it analyze the nature of the problem at each site, and what remedies will it use or require others to implement.

Enforcement of Release Reporting Under CERCLA. The U.S. EPA recently extended the enforcement discretion discussed in a memorandum dated Februpertaining to certain CERCLA § release reporting and the CERCLA § (10)(H) federally permitted release exemption.

For background, CERCLA § provides that any person who has a. BROWARD v. ENVIRONMENTAL PROTECTION AGENCY. CERCLA's BAR ON PRE-ENFORCEMENT REVIEW OF EPA CLEANUPS UNDER SECTION (h) I. INTRODUCTION. Congress enacted the Comprehensive Environmental Re-sponse, Compensation, and Liability Act (CERCLA) in December of as a means to cope with the most heavily polluted hazard.

courts in the context of actual CERCLA litigation with third parties, or that EPA’s enforcement policies would not change. CERCLA LENDER LIABILITY AFTER Enacted on October 1,the Asset Conservation, Lender Liabil-ity, and Deposit Insurance Protection Act11 (the Amendments) amended CERCLA to restore lender liability protection.

Liability of Corporate Officers Under CERCLA: An Ounce of Prevention May Be the Cure. Editors' Summary: Estimates of hazardous waste cleanup costs now reach $ billion nationwide, or $2, for every man, woman, and child in the United States.

And historically, estimates of cleanup costs have nearly always gone up. Environmental Enforcement Section. RCRA and the Superfund law (CERCLA). The breadth of the Section's practice is extensive and challenging.

It includes cases of national scope, such as cases against multiple members of an identified industry, to obtain broad compliance with the environmental laws.CERCLA applies to all Federal n § (a)(1) of CERCLA states: Each department, agency, and instrumentality of the United States (including the executive, legislative, and judicial branches of government) shall be subject to, and comply with, this ActFile Size: 2MB.The Chemical Waste Litigation Reporter is a monthly service that provides comprehensive reporting on litigation under Superfund and RCRA and related Clean Water Act, insurance, tort, contract, bankruptcy, securities and criminal cases.

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