Tag Archives: environmental liability

Superfund at 30 (M.L. Judy & K.N. Probst)

Author(s)

Martha L. Judy and Katherine Nicole Probst

Keywords

Superfund, CERCLA, Trust fund, taxes, environmental, brownfields, cost recovery, liability, natural resources damages, contribution, joint and several, cleanup, spill, emergency, remediation, removal, history, EPA, NPL, environmental policy, environmental economics, environmental liability

Abstract

TABLE OF CONTENTS
Introduction 192
I. Cleaning Up Contaminated Sites 200
A. Program Accomplishments 205
B. NPL Listings/Deletions 206
C. Construction Complete 209
D. Government Performance Results Act Measures 210
E. Removal Actions 212
II. Paying for Cleanup: Taxes and Liability 213
A. Superfund Trust Fund 216
B. Liability as a Funding Mechanism 221
C. Spreading Costs Among Private Parties 230
III. Issues on the Horizon 241
A. Can the Quality and Pace of Cleanups Be Improved? 242
B. What Steps Need to Be Taken to Ensure a Robust and Reliable Long-term Stewardship – or Post-cleanup – Program? 243
C. Will Private Parties Continue To Contribute Work and Money to NPL Cleanups, and Will They Continue To Clean Up Sites on Their Own? 244
D. What Are the Funding Needs for the Superfund Program over the Next Five to Ten Years? 246
E. Improving Superfund Requires Increased Program Evaluation and Greater Transparency 247

Citation

(2009) 11 Vermont Journal of Environmental Law 191

Paper

Superfund at 30

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Contaminated land: the latest developments (J. Thornton)

Author

Justine Thornton

Keywords

Appropriate persons, clean-up costs, conditional contracts, consultants, contaminated land, contractual liability, damages, development, ECHR, environmental liability, environmental remediation;, failure to act, indemnities, local authorities’ powers and duties, misrepresentation, professional indemnity insurance, public liability insurance, public nuisance, right to respect for home

Abstract

Reviews key cases on contaminated land over the last few years, including the clean-up liability of successor companies, knowing permitter liability and property developers, local authority failure to act to avoid harm, environmental consultants and liability insurance, public liability insurance and the extent of environmental cover, contamination and conditional contracts, corporate transactions and triggers under environmental indemnities, and public nuisance and damages for contaminated land.

Citation

(2009) 1 Journal of Planning and Environmental Law, 8-23.

Paper

Contaminated land: the latest developments

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The Corby Group litigation (S. Shergold)

Author

Stephen Shergold

Keywords

Birth defects, Contaminated land, Duty of care, Environmental liability, Foreseeability, Hazardous substances, Land reclamation, Local authorities’ liabilities, Negligence, Public nuisance

Abstract

Discusses the Technology and Construction Court decision in Corby Group Litigation v CorbyDC on whether the local authority was liable in public nuisance, negligence and for breach of the Environmental Protection Act 1990 s.34 in respect of birth defects, allegedly caused by its failure to prevent public exposure to toxic chemicals from remediation works at a contaminated land site. Considers whether the authority owed a duty of care to pregnant women in the area, and whether it had been reasonably foreseeable that its failure to take certain precautions would cause the birth defects.

Citation

(2010) 22(2) Environmental Law & Management 72-75

Paper

The Corby Group litigation

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Multilevel Governance of Global Environmental Change (G. Winter)

Editor

Gerd Winter (Universität Bremen)

Keywords

Earth System Analysis, global climate change, global environmental change, global environmental governance, green civil society, self-regulation, industry, law, private authority, global governance, transnational corporations, international environmental law, transboundary corporate responsibility, USA, transnational bureaucracy networks, EU, post-Communist states, multilateral environmental agreements, compliance continuum, regulatory competition, developing countries, policy instrument innovation, sovereignty, environmental liability, environmental principles

Abstract

Originally published in 2006, this collection is the outcome of an interdisciplinary research project involving scholars in the fields of international and comparative environmental law, the sociology and politics of global governance, and the scientific study of global climate change. Earth system analysis as developed by the natural sciences is transferred to the analysis of institutions of global environmental change. Rather than one overarching supranational organisation, a system of ‘multilevel’ institutions is advocated. The book examines the proper role of industrial self-regulation, of horizontal transfer of national policies, of regional integration, and of improved coordination between international environmental organisations, as well as basic principles for sustainable use of resources. Addressing both academics and politicians, this book will stimulate the debate about the means of improving global governance.

• Examines the highly topical issue of the impact of institutions on climate change • Unique combination of a holistic and interdisciplinary approach • Written by an international team of researchers from Europe, the USA, Canada, and India

Citation

Gerd Winter (ed), Multilevel Governance of Global Environmental Change: Perspectives from Science, Sociology and the Law (CUP, 2010)

Book

Multilevel Governance of Global Environmental Change: Perspectives from Science, Sociology and the Law

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