Publisher's Synopsis
This is a practical guidebook to current CERCLA litigation, written by an experienced attorney who specializes in this area of law. Because it emphasizes the practitioner's needs for focused, case-oriented information, The Superfund Manual avoids presenting an exhaustive analysis of every issue that has been litigated, nor does it serve as a comprehensive repository of every case that addresses these issues. Instead, it casts light on those cases and issues viewed as central to Superfund litigation. Its key summaries of the state of the law under CERCLA are interspersed with "practice tips" intended to offer deeper insights into key litigation issues under the statute.
Topics covered include:
- Government response authority under Section 104 of CERCLA
- Remedy selection standards and remedy selection procedures
- Abatement authority under Section 106
- Liability issues, including causation, defenses, and types of recoverable costs
- Settlement
- Judicial review
- Organizing PRPs at multiparty sites
- Litigating a federal cost recovery action
- Private party actions (Sections 107 and 113)
- Natural resource damages
- CERCLA and SARA Title III reporting requirements
- Insurance
- Bankruptcy
