Research Guides: Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA): Books

Amending CERCLA by Joel M. Gross; Michael B. Gerrard
Call Number: KF1299.H39 G488 2006
ISBN: 1590312503
Publication Date: 2006
An overview of the three post-SARA amendments; Text of CERCLA showing amended provisions; EPA rules and guidance documents; Excerpts from the legislative histories
Index to legislative histories; Full legislative histories and index (accompanying CD)
CERCLA by Peter L. Gray; Carole Stern Switzer
Call Number: KF1299.H39 S953 2008
ISBN: 9781604420234
Publication Date: 2008
Executive summary
Why was CERCLA enacted?; What did CERCLA originally provide?; How was CERCLA expanded in 1986?; Who is liable under CERCLA?; What are the defenses to liability under CERCLA?; Why is retroactive liability constitutional?; How does the government order a cleanup?; What is the national contingency plan?; May a private party recover cleanup costs under CERCLA?; What are the tools for CERCLA enforcement?; When may a CERCLA order be reviewed?
CERCLA Enforcement by ABA, Section of Natural Resources, Energy, and Environmental law
Call Number: KF1299.H39 C393 1996
ISBN: 1570732485
Publication Date: 1996
Commercial Landowner CERCLA Liability Protection by Barry A. Cik
Call Number: KF1298.Z9 C55 2006
ISBN: 9780865871571
Publication Date: 2006
"All appropriate inquiries" basics; "ASTM Phase I" basics; Environmental professionals; "All appropriate inquiries" framework; Historical & records research requirements; Inspection, interviews & other requirements; Report preparation requirements; Additional investigations & Phase IIs; Continuing obligations
Private Cost Recovery Actions under CERCLA by John M. Hyson
Call Number: KF3946.Z9 H97 2003
ISBN: 1585760447
Publication Date: 2003
Superfund Manual by Peter L. Gray
Call Number: KF1299.H39 G73 2016
ISBN: 9781634252614
Publication Date: 2016
Government response authority under section 104 of CERCLA; The substance and procedure of remedy selection; Abatement authority under section 106; Liability; Settlement; Judicial review; Organizing PRPs at multiparty sites; Litigating a federal cost recovery action; Private party actions; Natural resources damages; CERCLA and SARA Title III reporting requirements; Insurance; Bankruptcy

Brownfields Law & Practice by Michael B. Gerrard
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Corporate Compliance Series: Environmental by Carol Deck
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Chapter 1 Section III discusses CERCLA.
Environmental Enforcement: Civil and Criminal
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Chapters 12 and 13 discuss CERCLA.
Environmental Insurance Litigation: Law and Practice
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Chapter 1 includes sections on CERCLA.
Environmental Law in Real Estate and Business Transactions by Annemargaret Connolly
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Chapter 1 discusses CERCLA.
Environmental Regulation of Real Property
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Chapter 22 discusses CERCLA.
Environmental Spill Reporting Handbook by Carol Deck
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Chapter 2 deals with CERCLA.
Federal Environmental Regulation of Real Estate by Frank B. Cross
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Chapter 2 discusses CERCLA.
Law of Chemical Regulation and Hazardous Waste by Donald W. Stever
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Chapter 6 discusses CERCLA.
The Law of Hazardous Waste: Management, Cleanup, Liability, and Litigation by Susan M. Cooke
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Law of Solid Waste, Pollution Prevention, and Recycling by Jeffrey M. Gaba & Donald Stever
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Chapter 7 discusses CERCLA.
RCRA and Superfund: A Practice Guide by Caroline N. Broun, Esq. & James T. O'Reilly, Esq.
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Rodgers Environmental Law, 2d by William H. Rodgers, Jr and Elizabeth Burleson
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Chapter 50 discusses Superfund.
Superfund & Brownfields Cleanup
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Treatise on Environmental Law by Frank P. Grad
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Chapters 4a and 103 discuss CERCLA.

12 A.L.R. Fed. 2d 161 (Originally published in 2006)
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Innocent Owner Status Under Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).
22 A.L.R. Fed. 2d 233 (Originally published in 2007)
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Right of Private Party to Seek Cost Recovery Under CERCLA § 107(a), 42 U.S.C.A. § 9607(a), or Contribution Under CERCLA § 113(f)(1), 42 U.S.C.A. § 9613(f)(1), in Connection with Environmental Response—Post-Cooper Industries, Inc. v. Aviall Services, Inc., 543 U.S. 157, 125 S. Ct. 577, 160 L. Ed. 2d 548 (2004).
24 A.L.R. Fed. 2d 133 (Originally published in 2007)
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Application of Requirement in § 107(a) of Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C.A. § 9607) that Public Cost-Recovery Actions Not Be Inconsistent with National Contingency Plan.
70 A.L.R. Fed. 329 (Originally published in 1984)
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Government recovery of cost of hazardous waste removal under Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C.A. §§ 9601 et seq.).
86 A.L.R. Fed. 2d 111 (Originally published in 2014)
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Preemption by § 309 of Comprehensive Environmental Response and Liability Act (CERCLA) (42 U.S.C.A. § 9658) of Commencement Date for Limitations Period Applicable to State Law Action for Personal Injury, or Property Damages, Caused by Exposure to Hazardous Substance, Pollutant, or Contaminant Released into Environment from Facility.
87 A.L.R. Fed. 217 (Originally published in 1988)
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Validity and construction of § 106(a) and (b)(1) of Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C.A. § 9606(a) and (b)(1)), authorizing equitable abatement actions and administrative orders and prescribing fines for noncompliance with such orders.
88 A.L.R. Fed. 2d 195 (Originally published in 2014)
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State Law Claims by Private Party for Recovery of Response Costs or Damages as Preempted by Comprehensive Environmental Response Compensation and Liability Act (CERCLA)—42 U.S.C.A. §§ 9601 to 9675.
100 A.L.R. Fed. 35 (Originally published in 1990)
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Right to intervene in federal hazardous waste enforcement action.
105 A.L.R. Fed. 21 (Originally published in 1991)
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Third–party defense to liability under § 107 of Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C.A. § 9607).
107 A.L.R. Fed. 562 (Originally published in 1992)
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Application of Requirement in § 107(a) of Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C.A. § 9607(a)) that Private Cost–recovery Actions be Consistent With National Contingency Plan.
112 A.L.R. Fed. 49 (Originally published in 1993)
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Transporter liability under § 107(a)(4) of Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (42 U.S.C.A. § 9607(a)(4)).
113 A.L.R. Fed. 1 (Originally published in 1993)
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What are "necessary costs of response" within meaning of § 107(a)(4)(b) of Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (42 U.S.C.A. § 9607(a)(4)(b)).
114 A.L.R. Fed. 1 (Originally published in 1993)
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Propriety of negotiated settlements in government cleanup actions under Federal Hazardous Waste Statutes.
116 A.L.R. Fed. 69 (Originally published in 1993)
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What claims fall within limitation imposed by § 113(h) of Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (42 U.S.C.A. § 9613(h)) on judicial review of cases arising under CERCLA.
118 A.L.R. Fed. 293 (Originally published in 1994)
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Determination whether substance is "hazardous substance" within meaning of § 101(14) of Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (42 U.S.C.A. § 9601(14)).
120 A.L.R. Fed. 1 (Originally published in 1994)
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Establishing "release or threatened release" of hazardous substance from facility for purposes of liability pursuant to § 107 of Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C.A. § 9607).
121 A.L.R. Fed. 173 (Originally published in 1994)
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Liability of parent or successor corporation, or corporate shareholders, in action pursuant to Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (42 U.S.C.A. §§ 9601-9675).
122 A.L.R. Fed. 321 (Originally published in 1994)
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Liability of individual shareholder, or director of corporation that owned contaminating facility in action pursuant to Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (42 U.S.C.A. §§ 9601-9675).
123 A.L.R. Fed. 461 (Originally published in 1995)
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Liability of dissolved corporation or corporation that forfeited charter in action pursuant to Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (42 U.S.C.A. §§ 9601-9675).
125 A.L.R. Fed. 315 (Originally published in 1995)
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Arranger liability of sellers pursuant to § 107(a)(3) of Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)(42 U.S.C.A. § 9607(a)(3)).
126 A.L.R. Fed. 265 (Originally published in 1995)
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Liability of generators pursuant to § 107(a)(3) of Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (42 U.S.C.A. § 9607(a)(3)).
127 A.L.R. Fed. 511 (Originally published in 1995)
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Liability of federal government under § 107(a) of Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C.A. § 9607(a)).
130 A.L.R. Fed. 431 (Originally published in 1996)
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Arranger liability of state government under § 107(a) of Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (42 U.S.C.A. § 9607(a)).
131 A.L.R. Fed. 293 (Originally published in 1996)
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Secured lender liability: application of security interest exemption from definition of "owner or operator" under § 101(20)(A) of Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C.A. § 9601(20)(A)).
132 A.L.R. Fed. 77 (Originally published in 1996)
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Arranger liability of nongenerators pursuant to § 107(a)(3) of Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (42 U.S.C.A. § 9607(a)(3)).
133 A.L.R. Fed. 293 (Originally published in 1996)
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Liability of local government under § 107(a) of Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (42 U.S.C.A. § 9607(a)).
136 A.L.R. Fed. 117 (Originally published in 1997)
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What Constitutes "Disposal" for Purposes of Owner or Operator Liability Under § 107(a)(2) Of Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (42 U.S.C.A. § 9607(a)(2)).
139 A.L.R. Fed. 123 (Originally published in 1997)
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Indemnification or Release Agreement as Covering Liability Under § 107(e) of Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (42 U.S.C.A. § 9607(e)).
140 A.L.R. Fed. 181 (Originally published in 1997)
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Private Entity's Status as Owner or Operator Under § 107(a)(1, 2) of Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C.A. § 9607(a)(1, 2)) (CERCLA).
142 A.L.R. Fed. 115 (Originally published in 1997)
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Application of Statute of Limitations (42 U.S.C.A. § 9613(g)(2)) in Action Under § 107 of Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (42 U.S.C.A. § 9607) for Recovery of Costs for Removal or Remedial Action.
143 A.L.R. Fed. 591 (Originally published in 1998)
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Application of Statutes of Limitations (42 U.S.C.A. § 9613(g)) in Action Under § 113(f) of Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (42 U.S.C.A. § 9613(f)) for Contribution for Response Costs or Damages.
144 A.L.R. Fed. 285 (Originally published in 1998)
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Construction and Application of Statute of Limitations (42 U.S.C.A. § 9613(g)(1)) for Action Under § 107 of Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (42 U.S.C.A. § 9607) for Natural Resource Damages.
146 A.L.R. Fed. 363 (Originally published in 1998)
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Equitable Allocation of Response Costs In Contribution Action Under § 113(f) Of Comprehensive Environmental Response, Compensation, And Liability Act (CERCLA), 42 U.S.C.A. § 9613(f): Factors Affecting Response Cost Liability Of Generator, Broker Or Arranger, And Transporter In Single Waste Stream Cases.
147 A.L.R. Fed. 469 (Originally published in 1998)
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What constitutes "facility" within meaning of § 101(9) of the Comprehensive, Environmental Response, Compensation, and Liability Act (CERCLA)(42 U.S.C.A. § 9601(9)).
148 A.L.R. Fed. 203 (Originally published in 1998)
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Equitable Considerations in Allocating Response Costs to Owner or Occupant of Previously Contaminated Facility in Action Pursuant to § 113 (f) of Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (42 U.S.C.A. § 9613(f)).
157 A.L.R. Fed. 291 (Originally published in 1999)
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Supreme Court's views as to validity, construction, and application of Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (42 U.S.C.A. §§ 9601 et seq.).
162 A.L.R. Fed. 371 (Originally published in 2000)
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Amount and characteristics of wastes as equitable factors in allocation of response costs pursuant to § 113(f)(1) of Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C.A. § 9613(f)(1): multiple waste streams.

16B Am. Jur. 2d Constitutional Law § 728
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18 C.J.S. Corporations § 34
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29A C.J.S. Eminent Domain § 128
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35A Am. Jur. 2d Federal Tort Claims Act § 66
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39A C.J.S. Health & Environment § 161
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50A C.J.S. Juries § 61
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54 C.J.S. Limitations of Actions § 283
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61C Am. Jur. 2d Pollution Control § 957
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61C Am. Jur. 2d Pollution Control § 1036
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61C Am. Jur. 2d Pollution Control § 1239
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Part One: Governmental Regulation and Control
VI: Comprehensive Environmental Response, Compensation & Liability Act (CERCLA)
G: Government Enforcement Suits
2: Abatement Actions
c: Recovery of Punitive Damages
61C Am. Jur. 2d Pollution Control § 1246
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Part One: Governmental Regulation and Control
VI: Comprehensive Environmental Response, Compensation & Liability Act (CERCLA)
G: Government Enforcement Suits
6: Subrogation Rights
61C Am. Jur. 2d Pollution Control § 1247
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Part One: Governmental Regulation and Control
VI: Comprehensive Environmental Response, Compensation & Liability Act (CERCLA)
G: Government Enforcement Suits
7. Recovery of Response Costs
61C Am. Jur. 2d Pollution Control § 1248
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Part One: Governmental Regulation and Control
VI: Comprehensive Environmental Response, Compensation & Liability Act (CERCLA)
G: Government Enforcement Suits
8: Enforcement of Cost Recovery Settlement
61C Am. Jur. 2d Pollution Control § 1291-1294
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Part One: Governmental Regulation and Control
VI: Comprehensive Environmental Response, Compensation & Liability Act (CERCLA)
I: Recovery of Response Costs from Superfund
2: Hearing on Denial of Claims
a: In General
(2): Pleadings; Filing
61C Am. Jur. 2d Pollution Control § 1379-1381
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Part One: Governmental Regulation and Control
VI: Comprehensive Environmental Response, Compensation & Liability Act (CERCLA)
K: Citizen Suits
4: Complaint, Bond, Standing, and Award
61C Am. Jur. 2d Pollution Control §§ 1160-1172
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Part One: Governmental Regulation and Control
VI: Comprehensive Environmental Response, Compensation & Liability Act (CERCLA)
A: In General
61C Am. Jur. 2d Pollution Control §§ 1173-1175
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Part One: Governmental Regulation and Control
VI: Comprehensive Environmental Response, Compensation & Liability Act (CERCLA)
B: Contracts or Cooperative Agreements EPA and State or Indian Tribes
61C Am. Jur. 2d Pollution Control §§ 1176-1178
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Part One: Governmental Regulation and Control
VI: Comprehensive Environmental Response, Compensation & Liability Act (CERCLA)
C: Awards to Informants
61C Am. Jur. 2d Pollution Control §§ 1179-1180
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Part One: Governmental Regulation and Control
VI: Comprehensive Environmental Response, Compensation & Liability Act (CERCLA)
D: Records, Reports, and Information
61C Am. Jur. 2d Pollution Control §§ 1181-1185
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Part One: Governmental Regulation and Control
VI: Comprehensive Environmental Response, Compensation & Liability Act (CERCLA)
E: Petition to Agency for Toxic Substances and Disease Registry Requesting Health Assessment
61C Am. Jur. 2d Pollution Control §§ 1186-1196
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Part One: Governmental Regulation and Control
VI: Comprehensive Environmental Response, Compensation & Liability Act (CERCLA)
F: Administrative Penalties
1: In General
61C Am. Jur. 2d Pollution Control §§ 1186-1211
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Part One: Governmental Regulation and Control
VI: Comprehensive Environmental Response, Compensation & Liability Act (CERCLA)
F: Administrative Penalties
2: Arbitration of Small Cost Recovery Claims
61C Am. Jur. 2d Pollution Control §§ 1212-1221
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Part One: Governmental Regulation and Control
VI: Comprehensive Environmental Response, Compensation & Liability Act (CERCLA)
G: Government Enforcement Suits
1: In General
61C Am. Jur. 2d Pollution Control §§ 1222-1223
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Part One: Governmental Regulation and Control
VI: Comprehensive Environmental Response, Compensation & Liability Act (CERCLA)
G: Government Enforcement Suits
2: Abatement Actions
a: In General
61C Am. Jur. 2d Pollution Control §§ 1224-1238
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Part One: Governmental Regulation and Control
VI: Comprehensive Environmental Response, Compensation & Liability Act (CERCLA)
G: Government Enforcement Suits
2: Abatement Actions
b: Consent Decrees; Settlements
61C Am. Jur. 2d Pollution Control §§ 1240-1241
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Part One: Governmental Regulation and Control
VI: Comprehensive Environmental Response, Compensation & Liability Act (CERCLA)
G: Government Enforcement Suits
3: Enforcement of Compliance Orders
61C Am. Jur. 2d Pollution Control §§ 1242-1243
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Part One: Governmental Regulation and Control
VI: Comprehensive Environmental Response, Compensation & Liability Act (CERCLA)
G: Government Enforcement Suits
4: Lien Enforcement Suits
61C Am. Jur. 2d Pollution Control §§ 1244-1245
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Part One: Governmental Regulation and Control
VI: Comprehensive Environmental Response, Compensation & Liability Act (CERCLA)
G: Government Enforcement Suits
5: Civil Penalty Suits
61C Am. Jur. 2d Pollution Control §§ 1249-1251
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Part One: Governmental Regulation and Control
VI: Comprehensive Environmental Response, Compensation & Liability Act (CERCLA)
G: Government Enforcement Suits
9: State Role in Enforcement
61C Am. Jur. 2d Pollution Control §§ 1252-1256
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Part One: Governmental Regulation and Control
VI: Comprehensive Environmental Response, Compensation & Liability Act (CERCLA)
H: Judicial Review of EPA Actions
1: Pre-Enforcement Bar
61C Am. Jur. 2d Pollution Control §§ 1257-1261
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Part One: Governmental Regulation and Control
VI: Comprehensive Environmental Response, Compensation & Liability Act (CERCLA)
H: Judicial Review of EPA Actions
2: Scope of Review
61C Am. Jur. 2d Pollution Control §§ 1262-1266
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Part One: Governmental Regulation and Control
VI: Comprehensive Environmental Response, Compensation & Liability Act (CERCLA)
H: Judicial Review of EPA Actions
3: Review of Particular Actions
61C Am. Jur. 2d Pollution Control §§ 1267-1271
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Part One: Governmental Regulation and Control
VI: Comprehensive Environmental Response, Compensation & Liability Act (CERCLA)
I: Recovery of Response Costs from Superfund
1: Claims for Necessary Response Costs
a: In General
61C Am. Jur. 2d Pollution Control §§ 1272-1279
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Part One: Governmental Regulation and Control
VI: Comprehensive Environmental Response, Compensation & Liability Act (CERCLA)
I: Recovery of Response Costs from Superfund
1: Claims for Necessary Response Costs
b: Preauthorization of Response Actions; Withdrawal of Authorization
61C Am. Jur. 2d Pollution Control §§ 1280-1283
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Part One: Governmental Regulation and Control
VI: Comprehensive Environmental Response, Compensation & Liability Act (CERCLA)
I: Recovery of Response Costs from Superfund
1: Claims for Necessary Response Costs
c: Filing of Response Claims
61C Am. Jur. 2d Pollution Control §§ 1284-1290
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Part One: Governmental Regulation and Control
VI: Comprehensive Environmental Response, Compensation & Liability Act (CERCLA)
I: Recovery of Response Costs from Superfund
2: Hearing on Denial of Claims
a: In General
(1): General Considerations
61C Am. Jur. 2d Pollution Control §§ 1295-1305
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Part One: Governmental Regulation and Control
VI: Comprehensive Environmental Response, Compensation & Liability Act (CERCLA)
I: Recovery of Response Costs from Superfund
2: Hearing on Denial of Claims
b: Prehearing Procedures
61C Am. Jur. 2d Pollution Control §§ 1306-1317
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Part One: Governmental Regulation and Control
VI: Comprehensive Environmental Response, Compensation & Liability Act (CERCLA)
I: Recovery of Response Costs from Superfund
2: Hearing on Denial of Claims
c: Hearing Procedures
61C Am. Jur. 2d Pollution Control §§ 1318-1320
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Part One: Governmental Regulation and Control
VI: Comprehensive Environmental Response, Compensation & Liability Act (CERCLA)
I: Recovery of Response Costs from Superfund
3: Reimbursement of Response Costs for Complying with Abatement Order
61C Am. Jur. 2d Pollution Control §§ 1321-1326
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Part One: Governmental Regulation and Control
VI: Comprehensive Environmental Response, Compensation & Liability Act (CERCLA)
I: Recovery of Response Costs from Superfund
4: Reimbursement to Local Governments
61C Am. Jur. 2d Pollution Control §§ 1327-1347
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Part One: Governmental Regulation and Control
VI: Comprehensive Environmental Response, Compensation & Liability Act (CERCLA)
J: Private Suits for Recovery of Costs of Response
1: In General
61C Am. Jur. 2d Pollution Control §§ 1348-1352
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Part One: Governmental Regulation and Control
VI: Comprehensive Environmental Response, Compensation & Liability Act (CERCLA)
J: Private Suits for Recovery of Costs of Response
2: Contribution and Indemnity; Allocation of Liability
a: In General
61C Am. Jur. 2d Pollution Control §§ 1353-1362
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Part One: Governmental Regulation and Control
VI: Comprehensive Environmental Response, Compensation & Liability Act (CERCLA)
J: Private Suits for Recovery of Costs of Response
2: Contribution and Indemnity; Allocation of Liability
b: Enforcement of Right to Contribution
(1): In General
61C Am. Jur. 2d Pollution Control §§ 1362-1366
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Part One: Governmental Regulation and Control
VI: Comprehensive Environmental Response, Compensation & Liability Act (CERCLA)
J: Private Suits for Recovery of Costs of Response
2: Contribution and Indemnity; Allocation of Liability
b: Enforcement of Right to Contribution
(2): Effect of Settlement of Enforcement Suit; Limited Immunity
61C Am. Jur. 2d Pollution Control §§ 1367-1368
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Part One: Governmental Regulation and Control
VI: Comprehensive Environmental Response, Compensation & Liability Act (CERCLA)
K: Citizen Suits
1: In General
61C Am. Jur. 2d Pollution Control §§ 1369-1374
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Part One: Governmental Regulation and Control
VI: Comprehensive Environmental Response, Compensation & Liability Act (CERCLA)
K: Citizen Suits
2: Jurisdiction, Venue, and Notice in Suit Against Violator
61C Am. Jur. 2d Pollution Control §§ 1375-1378
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Part One: Governmental Regulation and Control
VI: Comprehensive Environmental Response, Compensation & Liability Act (CERCLA)
K: Citizen Suits
3: Jurisdiction, Venue, and Notice in Suit Against Government
61C Am. Jur. 2d Pollution Control §§ 1382-1388
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Part One: Governmental Regulation and Control
VI: Comprehensive Environmental Response, Compensation & Liability Act (CERCLA)
L: Recovery for Damage to Natural Resources

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