CERCLA Settlement Considerations

Law360, New York (March 16, 2012, 1:20 PM EDT) -- As environmental regulatory programs have matured, the government has taken a less flexible approach to negotiation and settlement of enforcement actions than was the case a decade past. There are laudable reasons for this evolution, principally conservation of limited personnel resources and application of consistent requirements and provisions on a national basis.

This mechanized approach, however, can result in overly stringent or harsh agreements on particular issues, produce inequitable results, and impede resolution of contentious issues or dampen creative approaches to settling intractable disputes.

Negotiation and...
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