Passive disposal of the innocent landowner defense
- Nelson Mullins Riley & Scarborough, Atlanta, GA (United States)
In 1986 when Congress passed the Superfund Amendment and Reauthorization Act (SARA), which amended the Comprehensive Environmental Response, Compensation, the Liability Act of 1980 (CERCLA), the innocent landowner defense was congressionally sanctioned. Current court decisions threaten to demolish this congressionally authorized defense to CERCLA liability of their interpretation of {open_quotes}disposal{close_quotes} to include passive migration of hazardous substances. This article examines both the effect of these recent decisions on the innocent landowner defense and the validity of these decisions under the currently existing statutory scheme and recommends congressional action to remedy the problem. 54 refs.
- OSTI ID:
- 543062
- Journal Information:
- Journal of Natural Resources amp Environmental Law, Vol. 9, Issue 2; Other Information: PBD: 1993
- Country of Publication:
- United States
- Language:
- English
Similar Records
U.S. EPA Superfund Program's Policy for Community Involvement at Radioactively Contaminated Sites
Expanding role of natural-resource damage claims under Superfund