U.S. Supreme Court Affirms Potentially Responsible Parties' Right of Action for Cost Recovery

In the wake of the Supreme Court's decision in Aviall—that potentially responsible parties (PRPs) are not permitted to seek contribution from other PRPs under CERCLA unless they have been sued or otherwise settled their CERCLA liability—PRPs and the courts have struggled to identify a remedy for those that voluntarily undertake cleanup of contaminated sites. The Atlantic Research decision resolves a conflict among the circuits and clarifies that PRPs voluntarily incurring cleanup costs pursuant to CERCLA, can maintain an action for cost recovery against other PRPs. The authors discuss the current legal landscape regarding actions for cost recovery as presented in Atlantic Research.     

Revolutionary Discourse in Mao's China,by David E. Apter and Tony Saich

Abstract

As early as Edgar Snow's pioneering Red Star over China (1937), Yan'an was seen as the “defining moment” of the Chinese Communists' rise to power. Beginning in 1935, Mao Zedong set his personal imprint on the party as he successfully guided it from the disaster of the Long March to the “Congress of Victors” in 1945. This set the stage for the final showdown with Chiang Kai-shek and the hapless Nationalists in the civil war of 1946-49. With the victory of the Chinese Communist Party (CCP) in 1949, the experiences of Yan'an became the blueprint for the reconstruction of China along the lines first laid out in that remote and impoverished town in the northeast.     

MEDIATING JUDICIAL POLICY

Despite the widespread use of mediation to resolve public policy disputes, there is little written on the mediation of judicial rule disputes. A successful mediation of a dispute over proposed court rules to govern mediation of certain family law cases involving domestic violence concerns is reviewed. The authors conclude that the mediation provided (a) a confidential venue for disputing judges to respectfully disagree with one another, (b) an opportunity for collaborative problem solving, (c) an opportunity to reduce conflict among judicial colleagues. (d) a format for dialogue with other stakeholders, and (e) greater degree of influence with regard to the outcome of the dispute. Specific recommendations to encourage the effective use of judicial policy mediation are offered.