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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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