Regulators need access to environmentally contaminated sites. They have to study them to determine whether the contamination requires a cleanup, they have to choose a cleanup, they have to conduct
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CERCLA Preemption of State Law Contribution Claims under Pennsylvania HSCA
By David Mandelbaum on
The federal Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”) allows private parties that incur cleanup costs to reallocate those costs to others through a cost recovery claim under section …
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Institutional Controls and Pre-enforcment Review in Cleanup Cases
By David Mandelbaum on
Posted in Court Cases, Environment
My October Environmental Practice Column in the Pennsylvania Law Weekly considers issues presented by the intersection of the bar on pre-enforcement review and reliance on “institutional controls.” These issues…
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