Superfund Handbook

Superfund Handbook
Author: Peter Lawrence Gray
Publisher:
Total Pages: 457
Release: 2016-03
Genre: Hazardous waste sites
ISBN: 9781634252614

A current guidebook to the cases and issues that are central to litigating under CERCLA, this book analyzes key issues primarily from the perspective of the PRPs (potentially responsible parties) who are involved with Superfund claims and litigation. An experienced attorney who specializes in this area of law, author Peter L. Gray also describes current and evolving regulations, guidance and judicial interpretations to assist the CERCLA practitioner, and includes practice tips offering deeper insights into key litigation issues. Topics covered include: government response authority under Section 104; remedy selection standards and procedures; abatement authority; liability issues, including causation, defenses, and types of recoverable costs; settlement; judicial review; insurance and bankruptcy; and more."

The EU Environmental Liability Directive

The EU Environmental Liability Directive
Author: Lucas Bergkamp
Publisher: Oxford University Press
Total Pages: 406
Release: 2013-03-14
Genre: Law
ISBN: 0199670013

The 2004 Environmental Liability Directive (ELD) created a legal regime for the restoration of environmental damage that was novel to all EU Member States. This is the first book to provide a comprehensive commentary on legal issues arising under the ELD as well as guidance on interpreting and applying the ELD.

Environmental Loss and Damage in a Comparative Law Perspective

Environmental Loss and Damage in a Comparative Law Perspective
Author: Barbara Pozzo
Publisher:
Total Pages: 0
Release: 2021
Genre: Environmental law
ISBN: 9781839700262

"This book analyzes the regulation of environmental loss and damage. It does so from a comparative and interdisciplinary perspective, examining both public and private law aspects. It delves into conceptual and specific legal issues concerning liability, compensation and restoration of damage in different sectors and jurisdictions, as well as taking into account the contributions of economic analysis in this field of regulation. Specific attention has been devoted to the role that liability and insurance may play in terms of mitigation and adaptation to climate change, as well as the prevention of damage from natural hazards. The scope of analysis encompasses national as well as supranational and international regimes. In particular, there are two interrelated and very promising developments in the evolving understandings in this field that merit special focus: possible legal transplants and "cross-fertilization" between legal systems, on the one hand; and the current dialectic between global and local law in the environmental field, on the other."-- Page 4 de la couverture.

Prevention and Compensation of Marine Pollution Damage

Prevention and Compensation of Marine Pollution Damage
Author: Michael Faure
Publisher: Kluwer Law International B.V.
Total Pages: 398
Release: 2006-01-01
Genre: Law
ISBN: 9041123385

Marine oil pollution is one of the most damaging environmental liabilities of our time, and is taken very seriously by governments. Although international conventions take the lead in the legal regime underpinning prevention and compensation of marine oil pollution damage, national legal systems differ considerably in how they interpret and apply their monitoring and enforcement responsibilities. This is the first book to present a comparative analysis of the law with respect to marine oil pollution, with expert contributions emphasising particular solutions in Europe, the US, and China. The authors draw on the full range of legal sources, from theory and legislation to procedure and actual case studies. Written by both academics and practitioners?senior academics with a wide experience in the field, and practitioners who have extensively dealt with marine pollution issues?the work is not confined to a mere legal analysis, but offers a more inclusive law and economics perspective, solidly built on a substantial analysis (in English) of the law in the European, US, Chinese, and international contexts. Individual contributors focus on countries with which they have particular expertise or experience. This book will be of interest to corporate counsel, international lawyers, academics, and policy makers, as well as to students of (international) environmental and maritime law. In addition, the book is especially valuable to non-Chinese lawyers for its clear insight into the complex Chinese environmental legal system.

Agent Orange on Trial

Agent Orange on Trial
Author: Peter H. Schuck
Publisher: Harvard University Press
Total Pages: 380
Release: 1987
Genre: History
ISBN: 9780674010260

Agent Orange on Trial is a riveting legal drama with all the suspense of a courtroom thriller. One of the Vietnam War's farthest reaching legacies was the Agent Orange case. In this unprecedented personal injury class action, veterans charge that a valuable herbicide, indiscriminately sprayed on the luxuriant Vietnam jungle a generation ago, has now caused cancers, birth defects, and other devastating health problems. Peter Schuck brilliantly recounts the gigantic confrontation between two million ex-soldiers, the chemical industry, and the federal government. From the first stirrings of the lawyers in 1978 to the court plan in 1985 for distributing a record $200 million settlement, the case, which is now on appeal, has extended the frontiers of our legal system in all directions. In a book that is as much about innovative ways to look at the law as it is about the social problems arising from modern science, Schuck restages a sprawling, complex drama. The players include dedicated but quarrelsome veterans, a crusading litigator, class action organizers, flamboyant trial lawyers, astute court negotiators, and two federal judges with strikingly different judicial styles. High idealism, self-promotion, Byzantine legal strategies, and judicial creativity combine in a fascinating portrait of a human struggle for justice through law. The Agent Orange case is the most perplexing and revealing example until now of a new legal genre: the mass toxic tort. Such cases, because of their scale, cost, geographical and temporal dispersion, and causal uncertainty, present extraordinarily difficult challenges to our legal system. They demand new approaches to procedure, evidence, and the definition of substantive legal rights and obligations, as well as new roles for judges, juries, and regulatory agencies. Schuck argues that our legal system must be redesigned if it is to deal effectively with the increasing number of chemical disasters such as the Bhopal accident, ionizing radiation, asbestos, DES, and seepage of toxic wastes. He imaginatively reveals the clash between our desire for simple justice and the technical demands of a complex legal system.

Superfund Reassessment and Reauthorization

Superfund Reassessment and Reauthorization
Author: United States. Congress. Senate. Committee on Environment and Public Works. Subcommittee on Superfund, Waste Control, and Risk Assessment
Publisher:
Total Pages: 1364
Release: 1996
Genre: Environmental law
ISBN: