Quasi-contractual nature of cost-recovery actions under CERCLA
Journal Article
·
· Va. J. Nat. Resour. Law; (United States)
OSTI ID:6253856
To secure a jury trial, defendants argue that Section 107 of CERCLA offers commonlaw rather than equitable restitution. The Justice Department urges courts to adopt the Uniform Contribution Among Tortfeasors Act as dispositive on the issue of contribution, but it also asserts that the cause of action is equitable in order to avoid the delays of jury trials. The thesis of this article is that CERCLA's cost-recovery mechanism is derived from the common law quasicontractual action that affords quantum meruit recovery. Analyzing Section 107 from the viewpoint of this single interpretative model will help courts to rule coherently on cost-recovery issues and may also help the Environmental Protection Agency (EPA) and the Justice Department to implement CERCLA. 393 references.
- OSTI ID:
- 6253856
- Journal Information:
- Va. J. Nat. Resour. Law; (United States), Journal Name: Va. J. Nat. Resour. Law; (United States) Vol. 5:1; ISSN VJNLD
- Country of Publication:
- United States
- Language:
- English
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