This is a practical guidebook to current CERCLA litigation, written by
an experienced attorney who specializes in this area of law. Because it
emphasizes the practitioner's needs for focused, case-oriented
information, The Superfund Manual avoids presenting an exhaustive
analysis of every issue that has been litigated, nor does it serve as a
comprehensive repository of every case that addresses these issues.
Instead, it casts light on those cases and issues viewed as central to
Superfund litigation. Its key summaries of the state of the law under
CERCLA are interspersed with "practice tips" intended to offer deeper
insights into key litigation issues under the statute.
Topics covered include:
- Government response authority under Section 104 of CERCLA
- Remedy selection standards and remedy selection procedures
- Abatement authority under Section 106
- Liability issues, including causation, defenses, and types of
recoverable costs
- Settlement
- Judicial review
- Organizing PRPs at multiparty sites
- Litigating a federal cost recovery action
- Private party actions (Sections 107 and 113)
- Natural resource damages
- CERCLA and SARA Title III reporting requirements
- Insurance
- Bankruptcy