Superfund Improvement Act of 1985: Hearings Before the Committee on the Judiciary, United States Senate, Ninety-ninth Congress, First Session, on S. 51 ... June 7 and 10, 1985 |
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activities administrative orders Agency amended American Insurance Association application apportion apportionment appropriate bill CERCLA CHAIRMAN Chem-Dyne Chemical citizen suit provision claims Clean Water Act cleanup costs Committee common law companies conduct Congress constitutional contamination damages decisions defendants disposal due process Env't Rep Environment and Public EPA's exposure facility fair federal courts Federal Rules filed Fund government's Grant Gear HABICHT harm hazardous substances hazardous waste hazardous waste sites imposed industry involved issues joint judicial review Judiciary Justice Department lawsuits legislation limited ment National National Priorities List negotiations NIKE participation percent persons plaintiff pollution potentially responsible parties private parties problem procedures proposed PRPs Public Citizen RCRA reauthorization reimbursement release remedial action response action contractor retroactive RI/FS risk Section 126 Senator SPECTER share standard statute statutory strict liability Strom Thurmond substantial Superfund Act third-party tion tort toxic toxic tort United
Popular passages
Page 19 - The court, giving due consideration to the practicability and to the physical and economic feasibility of securing abatement of any pollution proved, shall have jurisdiction to enter such judgment, and orders enforcing such judgment, as the public interest and the equities of the case may require.
Page 332 - Relevant evidence" means evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.
Page 446 - ... (1) Has the petitioner made a strong showing that it is likely to prevail on the merits of its appeal? ... (2) Has the petitioner shown that without such relief, it will be irreparably injured? ... (3) Would the issuance of a stay substantially harm other parties interested in the proceedings? ... (4) Where lies the public interest?
Page 522 - [t]he fundamental requirement of due process is the opportunity to be heard 'at a meaningful time and in a meaningful manner.
Page 416 - Duke Power Co. v Carolina Environmental Study Group, Inc. 438 US 59, 94, n 39, 57 L Ed 2d 595, 98 S Ct 2620 (1978). It has been contended that the "treaty exception...
Page 474 - Upon timely application anyone may be permitted to intervene in an action: (1) when a statute of the United States confers a conditional right to intervene; or (2) when an applicant's claim or defense and the main action have a question of law or fact in common.
Page 221 - Congress is drawn in question, and even if a serious doubt of constitutionality is raised, it is a cardinal principle that this Court will first ascertain whether a construction of the statute is fairly possible by which the question may be avoided.
Page 505 - Under the Rules, the impulse is toward entertaining the broadest possible scope of action consistent with fairness to the parties; joinder of claims, parties and remedies is strongly encouraged.
Page 6 - Fund, selection of a remedial action that attains such level or standard of control will not provide a balance between the need for protection of public health and welfare and the environment at the facility under consideration, and the availability of amounts from the Fund...
Page 212 - President determines that there may be an imminent and substantial endangerment to the public health or welfare or the environment because of an actual or threatened release of a hazardous substance from a facility...