Extension of “arranger” liability to suppliers of dry-cleaning equipment
, May 2006
In two unrelated suits, the Ninth Circuit Court of Appeals and the Texas Supreme Court both recently addressed whether dry-cleaners could compel their equipment suppliers to share the costs of cleaning up contamination discovered at the drycleaners’ former facilities.
Voluntary cleanups: A risky alternative to CERCLA litigation
, March 2005
With the Superfund dwindling and state and federal governmental resources becoming increasingly limited, it now more than ever appears appropriate to avoid costly CERCLA litigation by encouraging potentially responsible parties (PRPs) to investigate and cleanup contaminated property voluntarily.
Phase II stormwater discharge permits and the Tenth Amendment
, June 2004
The Tenth Amendment provides that "the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." U.S. Const. Amend. X. According to the U.S. Supreme Court, this protection of dual sovereignty prohibits the federal government from compelling state and local governments to regulate their residents according to federal standards.
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