Academic literature on the topic 'United States. Comprehensive Emergency Response, Compensation and Liability Act'

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Journal articles on the topic "United States. Comprehensive Emergency Response, Compensation and Liability Act"

1

Thuring, Allen R. "Oil Spill Response Under the NCP and the NRF/Stafford Act - Incompatible Regimes?" International Oil Spill Conference Proceedings 2014, no. 1 (2014): 1050–58. http://dx.doi.org/10.7901/2169-3358-2014.1.1050.

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ABSTRACT This paper examines oil pollution response during disaster situations when the Stafford Act is invoked by the President and the National Response Framework provides funding under ESF-10. The interrelationship between the National Contingency Plan (NCP), created by various pollution statues (Clean Water Act/CWA, Comprehensive Environmental Response, Compensation, and Liability/CERCLA, Oil Pollution Act/OPA) and the National Response Framework (NRF), created to deal with declared disasters under the Stafford Act, is becoming more fractious as time passes and the financial scope of disas
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2

Pan, Jiahui. "A Comparative Study on the Application of Group Liability in the Field of Environmental Torts between China and the United States." Journal of Education, Humanities and Social Sciences 1 (July 6, 2022): 203–11. http://dx.doi.org/10.54097/ehss.v1i.662.

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As the biggest developing country, China is relatively lagging in the development of laws on environmental protection. With the increasing impact on the environment bring by the enterprises, the application of group liability in the field of environmental torts has become an urgent legal issue to be solved. This paper uses case the study method, the comparative method, and literature study method, taking Comprehensive Environmental Response Compensation and Liability Act in the United States as an example, to compare the cases, legislation, and judicial practice of China and the United States
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3

Osmanova, Almaz. "International Practice of Compensation for Damage Caused by Environmental Violations in the Management of Tailings Storage Facilities and Waste Dumps." Grassroots Journal of Natural Resources 8, no. 1 (2025): 964–88. https://doi.org/10.33002/nr2581.6853.080141.

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The purpose of the study is to examine and standardise international practices for compensating for environmental damage caused by violations in the management of tailings storage facilities and waste dumps. The study identifies effective compensation mechanisms used in Brazil, Canada, Hungary, the United States, Australia, and European Union countries and analyses various approaches to damage assessment and compensation. It reviews key frameworks such as the Comprehensive Environmental Response, Compensation, and Liability Act (Superfund), the FY 2022–2026 Strategic Plan of the Environmental
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4

Yoon, Yonghee. "The Impacts and Implications of CERCLA on the Soil Environmental Conservation Act of the Republic of Korea." Transnational Environmental Law 6, no. 1 (2015): 11–29. http://dx.doi.org/10.1017/s2047102515000266.

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AbstractThis article explores the development and enforcement of the Republic of Korea’s Soil Environmental Conservation Act (SECA). It argues that, although Korea has adopted the statutory model of the United States (US) Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and US case law, it has formulated SECA to devise a Korean model of an effective and reasonable liability scheme based on the Korean regulatory context. The original SECA, especially its retroactive liability provision, was declared unconstitutional by the Constitutional Court of Korea, because it
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5

Stout, Jordan, and Jeff Rubini. "National Contingency Plan Phase II Activities: A Problem Analysis & Decision Framework for Understanding & Evaluating Oil Pollution Threats from Sunken Ships Off California." International Oil Spill Conference Proceedings 2014, no. 1 (2014): 2134–45. http://dx.doi.org/10.7901/2169-3358-2014.1.2134.

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ABSTRACT The National Contingency Plan (NCP) provides an assessment framework through which to manage pollution threats in the United States. Although the NCP delivers an assessment framework for evaluating Comprehensive Environmental Response, Compensation & Liability Act (CERCLA) threats through formalized Site Assessments, Feasibility Studies, and Remedial Investigations, the NCP falls short of delivering a similar iterative process through which to evaluate non-emergent oil pollution threats. Recent experience with two historical wrecks in California (SS MONTEBELLO and M/V FERNSTREAM)
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Yoshioka, Gary A., Lori Jonas, and Katherine E. Armstrong. "EMERGENCY REPORTING FOR OIL DISCHARGES: RECENT STATUTORY AND REGULATORY CHANGES." International Oil Spill Conference Proceedings 1989, no. 1 (1989): 253–56. http://dx.doi.org/10.7901/2169-3358-1989-1-253.

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ABSTRACT The principal trigger for federal reporting of discharges of oil remains the “sheen test” promulgated in 1970 under the authority of the Clean Water Act. The sheen test is not, however, the only requirement of concern to potential dischargers of oil. Certain provisions of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), of Title III of the Superfund Amendments and Reauthorization Act of 1986 (SARA), and of other environmental statutes may also apply, complicating the picture for the regulated community. CERCLA requires federal reporting of re
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7

Benggio, Bradford, Debra Scholz, Dave Anderson, et al. "Addressing the Uncertainty and Requirements for Oil Spill Response Consultations." International Oil Spill Conference Proceedings 2014, no. 1 (2014): 1881–98. http://dx.doi.org/10.7901/2169-3358-2014.1.1881.

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ABSTRACT In the United States (U.S.), oil spill response planning, preparedness, and response requirements are dictated primarily by the National Oil and Hazardous Substances Pollution Contingency Plan, a regulation that implements the Oil Pollution Act of 1990, the Clean Water Act, and the Comprehensive Environmental Response, Compensation and Liability Act. At the planning stage, these regulations require the development of national, regional, and local response capabilities and promote overall coordination among responders. During a spill, these capabilities are utilized by the Federal On-S
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8

Zelo, Ian, and Doug Helton. "REMOVAL OF GROUNDED, DERELICT OR ABANDONED VESSELS AS SITE RESTORATION1." International Oil Spill Conference Proceedings 2005, no. 1 (2005): 809–13. http://dx.doi.org/10.7901/2169-3358-2005-1-809.

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ABSTRACT Many agencies and organizations in the United States are implementing habitat restoration using a wide array of methods across a variety of habitats. These efforts are often motivated by legislative actions like the Oil Pollution Act, Comprehensive Environmental Response, Compensation and Liability Act, and the Clean Water Act but may also be implemented to meet the mission statements of particular agencies and organizations. While the goals and objectives of restoration efforts vary greatly and the range of potential restoration alternatives is large, these activities fall into three
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9

Haddad, Robert, and Brian D. Israel. "Natural Resource Damage Assessments: Is Cooperation a Good Thing?" International Oil Spill Conference Proceedings 2017, no. 1 (2017): 3091–111. http://dx.doi.org/10.7901/2169-3358-2017.1.3091.

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Abstract It has been nearly 55 years since the United States enacted the Clean Water Act (CWA) in which natural resource damages (NRD) were codified.1 The NRD cause of action, originally derived from the public trust doctrine and common law, was later integrated into the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) in 1980 and into the Oil Pollution Act (OPA) in 1990. In response to the establishment of CERCLA and OPA, the U.S. Department of the Interior (DOI) was charged with developing and promulgating NRD regulations under CERCLA while the National Oceanic
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10

Gaba, Jeffrey. "The Private Causes of Action under CERCLA: Navigating the Intersection of Sections 107(a) and 113(f)." Michigan Journal of Environmental & Administrative Law, no. 5.1 (2015): 117. http://dx.doi.org/10.36640/mjeal.5.1.private.

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The Comprehensive Environmental, Response, Compensation, and Liability Act (CERCLA) provides three distinct “private” causes of action that allow parties to recover all or part of their cleanup costs from “potentially responsible parties.” Section 107(a)(4)(B) provides a “direct” right of cost recovery. Sections 113(f)(1) and 113(f)(3)(B) provide a right of contribution following a CERCLA civil action or certain judicial or administrative settlements. The relationship among these causes of action has been the source of considerable confusion. Two Supreme Court cases, Cooper Industries, Inc. v.
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Books on the topic "United States. Comprehensive Emergency Response, Compensation and Liability Act"

1

T, Petito Catherine, and Gravallese David M, eds. Cleaning up the Gilson Road hazardous waste site: A case study. Energy and Environmental Policy Center, John F. Kennedy School of Government, Harvard University, 1986.

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2

1956-, Switzer Carole Stern, and Switzer Carole Stern 1956-, eds. CERCLA: Comprehensive Environmental Response, Compensation, and Liability Act (Superfund). 2nd ed. American Bar Association, 2008.

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3

Vermont. Dept. of Environmental Conservation. Hazardous waste capacity assurance plan. State of Vermont, Agency of Natural Resources, Dept. of Environmental Conservation, 1989.

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4

Works, United States Congress Senate Committee on Environment and Public. Superfund Reform Act of 1994: Hearings before the Committee on Environment and Public Works, United States Senate, One Hundred Third Congress, second session, on S. 1834, a bill to amend the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, and for other purposes (as reported by the Subcommittee on Superfund, Recycling, and Solid Waste Management). U.S. G.P.O., 1994.

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5

Ronald, Reagan. Superfund legislation: Communication from the President of the United States transmitting a draft of proposed legislation to amend the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to assure adequate funding for the cleanup of abandoned hazardous waste sites, and for other purposes. U.S. G.P.O., 1985.

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6

United States. Congress. Senate. Committee on Environment and Public Works. Subcommittee on Superfund, Recycling, and Solid Waste Management. Superfund Reform Act of 1994: Hearings before the Subcommittee on Superfund, Recycling, and Solid Waste Management of the Committee on Environment and Public Works, United States Senate, One Hundred Third Congress, second session, on S. 1834, a bill to amend the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, and for other purposes, February 10; March 2; and April 12, 1994. U.S. G.P.O., 1994.

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7

United States. Congress. Senate. Committee on Environment and Public Works. Subcommittee on Superfund, Recycling, and Solid Waste Management. Superfund Reform Act of 1994: Hearings before the Subcommittee on Superfund, Recycling, and Solid Waste Management of the Committee on Environment and Public Works, United States Senate, One Hundred Third Congress, second session, on S. 1834, a bill to amend the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, and for other purposes, February 10; March 2; and April 12, 1994-< >. U.S. G.P.O., 1994.

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8

M, Konisky David, ed. Superfund's future: What will it cost? : a report to Congress. Resources for the Future, 2001.

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9

1958-, Revesz Richard L., and Stewart Richard B, eds. Analyzing Superfund: Economics, science, and law. Resources for the Future, 1995.

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10

Gerrard, Michael B. Amending CERCLA: The Post-SARA Amendments to the Comprehensive Environmental Response, Compensation, and Liability Act. American Bar Association, 2007.

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Book chapters on the topic "United States. Comprehensive Emergency Response, Compensation and Liability Act"

1

Fuller, Richard. "Hazardous Waste and Toxic Hotspots." In Textbook of Children's Environmental Health, 2nd ed. Oxford University PressNew York, 2024. http://dx.doi.org/10.1093/oso/9780197662526.003.0030.

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Abstract Hazardous waste sites and polluted hotspots pose major threats to the environment and human health worldwide. Problem sites include municipal dumps, illegal hazardous waste dumpsites, informal battery recycling, industrial and mining sites, artisanal mining, smelters, abandoned factories, pesticide storage areas, poorly run industrial estates, and e-waste dumps. In higher-income, industrially developed countries, substantial progress has been made in cataloguing and remediating hazardous waste sites. In the United States, this work has received Congressional authorization through the
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2

Gaines, Karen F., and James M. Novak. "Raccoon (Procyon lotor) Harvesting on and near the U.S. Department of Energy’s Savannah River Site: Utility of Metapopulation Modeling for Prediction and Management of Hunter Risk." In Demographic Toxicity. Oxford University PressNew York, NY, 2008. http://dx.doi.org/10.1093/oso/9780195332964.003.0004.

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Abstract Understanding the toxicodynamics of wildlife populations in contaminated ecosystems is one of the greatest challenges in ecotoxicology today. The goal is to manage these populations to minimize risk to ecosystem integrity as well as human health. Ecological risk assessments (ERAs) in the United States are designed to meet the regulatory mandates of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and the Resource Conservation and Recovery Act. According to the U.S. Environmental Protection Agency, an ERA evaluates the potential adverse effects that hum
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