Definition Of 'Disposal' Limits CERCLA's Applicability
Law360, New York (October 21, 2016, 11:36 AM EDT) -- Joshua L. Milrad
The applicability of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) to environmental contamination or threatened contamination has consistently turned on the court’s interpretation of “disposal” in conjunction with the manner in which the contamination occurred. Indeed, several decades ago, the Second, Third, and Sixth Circuits concurred that if the contamination occurred passively over time without any evidence of human interaction, the contamination is not a “disposal” and CERCLA does not apply.
Then, in July 2016, the Ninth Circuit decided in Pakootas v. Teck Cominco Metals Ltd., 2016 U.S. App. LEXIS 13662 (9th Cir. 2016),...
Stay ahead of the curve
In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.
Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
Create custom alerts for specific article and case topics and so much more!