Journal of Environmental Law & Litigation : Vol. 22, No. 2, p. 313-342: United States v. Atlantic Research Corp.: The Supreme Court Restores Voluntary Cleanups Under CERCLA
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Date
2007
Authors
Johnston, Craig N.
Journal Title
Journal ISSN
Volume Title
Publisher
University of Oregon Law School
Abstract
United States v. Atlantic Research Corp.1 is easily the most important
decision to date involving the Comprehensive Environmental
Response, Compensation, and Liability Act (CERCLA).2
In Atlantic Research, a unanimous Supreme Court restored
CERCLA to its proper place in the environmental cleanup
world, making it “comprehensive” once again. The opinion’s significance
lies not in any earth-shaking pronouncements—indeed,
the Court’s analysis is both straightforward and unadorned—but
rather, in its context. As will be seen below, prior to this decision,
the lower courts had taken a rather tortured path that,
when combined with the Supreme Court’s 2004 decision in
Cooper Industries v. Aviall Services, Inc. ,3 left CERCLA’s viability
as a cost-spreading tool doubtful in most private party
cleanup contexts. This doubt tended to discourage cleanup as
landowners became nervous about their ability to bring to the
table other entities who may have contributed to the relevant
contamination.
Description
A print copy of this title is available through the UO Libraries under the call number: LAW LIB. K 10 .O425
Keywords
Citation
22 J. ENVTL. L. & LITIG. 313 (2007)