The Superfund Manual: A Practitioner's Guide to CERCLA Litigation

by Peter L. Gray

Overview

This is a practical guidebook to current CERCLA litigation, written by an experienced attorney who specializes in this area of law. Because it emphasizes the practitioner's needs for focused, case-oriented information, The Superfund Manual avoids presenting an exhaustive analysis of every issue that has been litigated, nor does it serve as a comprehensive repository of every case that addresses these issues. Instead, it casts light on those cases and issues viewed as central to Superfund litigation. Its key summaries of the state of the law under CERCLA are interspersed with "practice tips" intended to offer deeper insights into key litigation issues under the statute.

Topics covered include:

• Government response authority under Section 104 of CERCLA
• Remedy selection standards and remedy selection procedures
• Abatement authority under Section 106
• Liability issues, including causation, defenses, and types of recoverable costs
• Settlement
• Judicial review
• Organizing PRPs at multiparty sites
• Litigating a federal cost recovery action
• Private party actions (Sections 107 and 113)
• Natural resource damages
• CERCLA and SARA Title III reporting requirements
• Insurance
• Bankruptcy

Product Details

ISBN-13:	9781634252614
Publisher:	American Bar Association
Publication date:	08/01/2017
Pages:	478
Product dimensions:	6.00(w) x 8.90(h) x 1.00(d)

About the Author

Peter L. Gray is a partner in the Washington, D.C., office of Dentons US LLP. He chairs the firm’s Environment & Natural Resources Practice

Group. Mr. Gray has focused his practice on environmental law for 30 years. Over this period, he has handled virtually every imaginable environmental issue, including legal challenges to state and federal environmental regulations; state and federal enforcement cases involving charges of improper hazardous waste management, effluent discharges, air emissions, release reporting, and pesticide sales; arbitration between companies over compensation owed for use of scientific data supporting pesticide registrations; pre-acquisition due diligence; and climate change advocacy and planning. A constant focus throughout Mr. Gray’s career, however, has been representation of companies in disputes relating to cleanup of contaminated property, which can arise under CERCLA, RCRA, and/or their state counterparts.

Mr. Gray writes extensively in the environmental area. He has authored leading treatises on environmental law, including the American Bar Association’s Basic Practice Series on CERCLA (2008) and EPCRA (2002). Since 2012, he has been recognized by Chambers USA as a Leading Environmental Attorney in the Washington, D.C., area and by Super Lawyers as a leader in the field of environmental law. Mr. Gray is a cofounder of the Association of Climate Change Officers and is a member of the Environmental Law Institute Leadership Council. He received his undergraduate degree in chemistry from The University of Maryland, College Park; his master’s degree in environmental science from George Washington University; and his law degree from the George Washington National Law Center (Order of the Coif). He is admitted to the bar of the District of Columbia and numerous federal circuit courts.

Table of Contents

Table of Contents Chapter 1: Government Response Authority under Section 104 of CERCLA Chapter 2: The Substance and Procedure of Remedy Selection Chapter 3: Abatement Authority under Section 106 Chapter 4: Liability Chapter 5: Settlement Chapter 6: Judicial Review Chapter 7: Organizing PRPs at Multiparty Sites Chapter 8: Litigating a Federal Cost Recovery Action Chapter 9: Private Party Actions Chapter 10: Natural Resource Damages Chapter 11: CERCLA and SARA Title III Reporting Requirements Chapter 12: Insurance Chapter 13: Bankruptcy Table of Cases Table of Statutes Index