Equitable Conversion And Ownership Under CERCLA

Law360, New York (October 13, 2008, 12:00 AM EDT) -- Environmental practitioners are familiar with the general principles of liability under CERCLA. To paraphrase and simplify EPA’s Web site, an owner of a facility is liable under CERCLA for government cleanup costs incurred as a result of the release of hazardous substances at the facility. www.epa.gov/compliance/cleanup/superfund/trigger.html

Of course, the aforementioned practitioners know, that in a CERCLA practice, it is rarely quite so simple. The last three decades have seen many disputes over the meaning of the words and concepts of the statute. Over time, courts have...
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