Keeping potentially responsible parties (PRPs) out of bankruptcy courts

Journal Article · Sat Feb 29 23:00:00 EST 1992 · Journal of the Air and Waste Management Association; (United States)

DOI:https://doi.org/10.1080/10473289.1992.10466988· OSTI ID:7238739

Hamberg, G L ^[1]

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1. Milling, Benson, Woodward, Hillyer, Pierson and Miller, New Orleans, LA (United States)

In an era when the cost of compliance with state and federal environmental laws is rapidly rising, sometimes entities, such as operators of waste sites, are unable to pay these and other operating costs and are forced to file for bankruptcy. Citing Midlantic Nat'l Bank v. N.J. Dep's of Envtl. Protection and state environmental laws, bankruptcy trustees may be suing PRPs in bankruptcy courts to share the costs to clean up debtors' waste sites. This article suggests strategies by which PRPs can avoid litigating such lawsuits in the bankruptcy courts and instead resolve them before state and/or federal forums - where they properly belong.

• OSTI ID: 7238739
• Journal Information: Journal of the Air and Waste Management Association; (United States), Journal Name: Journal of the Air and Waste Management Association; (United States) Vol. 42:3; ISSN JAWAE; ISSN 1047-3289
• Country of Publication: United States
• Language: English

Related Subjects

29 ENERGY PLANNING, POLICY, AND ECONOMY
290300 -- Energy Planning & Policy-- Environment
Health
& Safety
293000* -- Energy Planning & Policy-- Policy
Legislation
& Regulation
COMPLIANCE
COST
LAWSUITS
LEGAL ASPECTS
MANAGEMENT
NATIONAL ORGANIZATIONS
POLLUTION REGULATIONS
REGULATIONS
REMEDIAL ACTION
US EPA
US ORGANIZATIONS
VIOLATIONS
WASTE DISPOSAL
WASTE MANAGEMENT