Average Reviews:
(More customer reviews)This work is an excellent single-volume reference on CERCLA that is especially well-suited for a general practitioner or student. Attorneys with extensive experience with CERCLA may be frustrated by the lack of any index. Also, the author focuses on contribution claims; I would like to have seen more discussion of cost recovery claims by innocent landowner, particularly as the Supreme Court's recent decision in Cooper Industries v. Aviall (which the author misforecasts, though he is not alone in that regard) makes the 107(a)/113(f)(1) distinction particularly important. Of course, it may take a few years for the fallout from Aviall to generate sufficient caselaw to merit a new edition, so don't hold off buying this book now if it is otherwise suitable for you.
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More frequently than ever, private owners of contaminated sites have good economic reasons for cleaning up the sites, regardless of any concern on the part of a government agency. And, once having undertaken the costs of cleanup, they naturally seek reimbursement of cleanup costs from those who are responsible for the contamination. Private Cost Recovery Actions Under CERCLA examines the law and policy of private cost recovery actions under Superfund.Private Cost Recovery Actions Under CERCLA explores the relationship between CERCLA`s liability provision and the statute`s contribution provision, a relationship that has caused substantial difficulty for courts and practitioners. Moreover, it gives practical advice to the attorneys and courts that must deal with the complexities and high transaction costs of contribution litigation. Anyone involved in the morass of CERCLA contribution litigation will benefit from Professor John Hyson's measured analysis and coherent advice.
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