Defending Superfund and RCRA imminent hazard cases
Legal defenses by the government under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (Superfund) and the Resource Conservation and Recovery Act include common defenses in which there is (1) no imminent or substantial endangerment, (2) inappropriate remedy, (3) action not in accord with the National Contingency Plan that governs Environmental Protection Agency (EPA) remedial actions, (4) not credible or sufficient evidence, (5) not credible scientific conclusion, or (6) government action precluding the relief. Defenses to Superfund reimbursement claims include cases (1) when defendant is not among the class of liable partners, (2) of joint and several liability and the right of contribution, (3) involving releases by an act of God, war, or third party. Defenses to abatement actions include cases in which (1) there is no irreparable harm and adequate remedy at law is available and (2) emergency provisions are not retrospective. Also relevant to EPA enforcement efforts are political pressures and the government's intentions. The author discusses basic defense strategies and implementation tactics. 67 references.
- Research Organization:
- Bergson, Borkland, Margolis and Adler, Washington, DC
- OSTI ID:
- 6136992
- Journal Information:
- Nat. Resour. Lawyer; (United States), Vol. 15:3
- Country of Publication:
- United States
- Language:
- English
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