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U.S. v. Glatfelter and NCR Co. v. George A. Whiting Paper Co.: Seventh Circuit's Latest Interpretation of CERCLA Liabilities
Authors:Chang Liu
Institution:1. changliu6302@gmail.com
Abstract:Although a crucial part of the federal government's legal arsenal against polluters in environmental enforcement actions, the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) is nevertheless an ambiguously and confusingly drafted statute requiring constant judicial interpretations of its application in litigation. Last year, several decisions delivered by the Court of Appeals of the Seventh Circuit have provided the latest interpretations, particularly further distinguishing between sections 107 and 113 claims, as well as clarifying apportionment and allocation of liabilities. This article discusses these decisions and tries to analyze their impact on future CERCLA litigations.
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