37 Am. Bus. L.J. [i] (1999-2000)

handle is hein.journals/ambuslj37 and id is 1 raw text is: 





AMERICAN BUSINESS LAW JOURNAL


VOLUME 37                      1999                   NUMBER 1

                            Articles

Special Editor's Introduction
Lynda  J. Oswald ........................................

Who's on First: CERCLA Cost Recovery, Contribution, and
Protection
M artin A. M cCrory ......................................     3
       The Comprehensive Environmental Response Compen-
       sation and Liability Act (CERCLA) was enacted in 1980
       to promote the expeditious removal and remediation of
       hazardous substances at sites throughout the United
       States. In theory, the statute requires those responsi-
       ble for the release of hazardous substances to clean
       them up; however, defendants often argue that they pay
       more than their fair share for site cleanups. In 1986,
       Congress amended the statute to allow defendants to
       obtain contribution from other liable parties and to
       grant settling defendants protection from subsequent
       liability. Defendants can also sue for cost recovery.
       This article examines the development of CERCLA and
       discusses response action and liability, cost recovery
       actions and contribution actions. It proposes statutory
       language to alleviate the problems courts have in granting
       contribution protection to settling defendants.

Inching toward Environmental Regulatory Reform-ISO 14000
Much Ado about Nothing or a Reinvention Tool?
Paula C. M urray ........................................     35
          Changing our local and global environmental
          regulatory paradigm has received widespread
          support for the past ten years. Unfortunately, the
          shift away from command-and-control has been
          extremely slow. Although the Environmental
          Protection Agency (EPA) has begun several pilot
          programs aimed at reinventing regulation, these
          programs are limited and piecemeal. This article
          argues that the international environmental
          standard, ISO 14000, is an appropriate tool to
          Copyright  The American Business Law Association, Inc.
               DBA Academy of Legal Studies in Business
       (Permission is granted for use in academic teaching and research.)

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