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Article: The Comprehensive Environmental Response, Compensation, and Liability Act: the correct paradigm of strict liability and the problem of individual causation.
- Article from:
- UCLA Journal of Environmental Law & Policy
- Article date:
- December 22, 2000
- Author:
CopyrightCOPYRIGHT 2000 University of California at Los Angeles, School of Law. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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I.
INTRODUCTION
The Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, ("CERCLA")(1) does not expressly impose strict liability. Rather, CERCLA provides generally in the definitional section that "the terms `liable' or `liability' under this subchapter shall be construed to be the standard of liability which obtains under section 1321 of Title 33,"(2) which is Section 311 of the Clean Water Act.(3) As of the time of CERCLA's enactment in 1980, federal courts had construed Section 311 of the Clean Water Act to impose "strict liability."(4) Therefore, numerous federal courts have concluded that CERCLA also imposes ...
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