Archived
This content is available here strictly for research, reference, and/or recordkeeping and as such it may not be fully accessible. If you work or study at University of Kentucky and would like to request an accessible version, please use the SensusAccess Document Converter.
Abstract
This article examines the effectiveness and fairness of section 113(h) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund). That broadly-worded provision forecloses judicial review of Superfund cleanups prior to enforcement or cleanup completion by requiring that any review action fall within several narrowly-defined exceptions.
After providing an overview of the statute, its enforcement mechanisms, and a context for considering section 113(h), the article summarizes how courts have applied CERCLA's timing of review provision, focusing principally on recent interpretations of the provision. Finally, the article evaluates the effectiveness and fairness of CERCLA review preclusion and concludes by offering recommendations about how the provision should be interpreted and amended.
Document Type
Article
Publication Date
1996
12-22-2014
Repository Citation
Michael P. Healy, The Effectiveness and Fairness of Superfund's Judicial Review Preclusion Provision, 15 Va. Envtl. L.J. 271 (1995-96).
Notes/Citation Information
Virginia Environmental Law Journal, Vol. 15, No. 2 (Winter 1995-1996), pp. 271-355