- Collection:
- Dean Rusk International Law Center Collections
- Title:
- Civil Liability for Damage Caused to the Environment by Hazardous Waste: Lessons for the European Union from the US Experience
- Creator:
- Hatzi-hull, Artemis
- Date of Original:
- 1995-01-01
- Subject:
- University of Georgia. School of Law
Law--Study and teaching
International law - Location:
- United States, Georgia, Clarke County, Athens, 33.96095, -83.37794
- Medium:
- dissertations
- Type:
- Text
- Format:
- application/pdf
- Description:
- Civil Liability -- Environmental Law Hazardous Waste Laws -- EU -- US Environmental Law -- Potential Responsible Persons -- PRP -- CERCLA -- EU Environmental Legislation -- Single European Act -- Maastricht Treaty -- NEPA -- Council on Environmental Quality -- National Oceanic and Atmospheric Administration -- EPA -- Clean Air Act -- Clean Water Act -- RCRA -- SARA -- Transporters -- US v. Stringfellow -- Rockwell Int’l Corp. v. IU Int’l Corp. -- US v. Northeastern Pharmaceutical & Chemical Co. Inc. -- NEPACCO -- US v. Bliss -- NY v. Shore Realty Corp. -- US v. Northenaire Planting Co. -- US v. Nicolet -- Owner or Operator -- Joslyn Manufacturing Co. v. T.L. James & Co. -- US v. Kayser-Roth Corp. -- US v. Monsanto Co. -- Monsanto -- US v. Mirablile -- AB&T -- Mellon Bank -- Turo Coatings Company -- US v. Maryland Bank & Trust Co. -- MB&T -- US v. Fleet Factors Corp. -- Treaty of Rome -- European Commission -- Agriculture Law -- Air and Space Law -- Business Organizations Law -- Comparative and Foreign Law -- Environmental Law -- European Law -- International Law
As environmental awareness has surged over the last two decades, environmental law has rapidly developed. In both agricultural and industrial countries, the environment is a sensitive and vital area where substantial economic interests are at stake. In the United States, many social, political, and economic reasons have spawned rapid expansion of environmental law. Congress has enacted numerous statutes and empowered federal agencies, primarily the Environmental Protection Agency (EPA), to adopt standards and enforce these new laws. A decade ago, environmental liability was not a major concern for US businesses and was rarely dealt with in commercial contracts. However, the situation for the private sector has changed drastically due to the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). Now, it is not uncommon for companies or individuals to be faced with cleanup costs of hundreds of millions of dollars. This has created a whole sub-industry of specialists for companies dealing with environmental problems, including lawyers, consultants, engineers, and lobbyists. In the EU, environmental law has developed at a slower pace due to its particular structure and complicated legislative procedure. However, with the Single European Act (SEA) in 1987, and the new Maastricht Treaty in 1993, environmental concerns are becoming more prominent in the EU, and European companies will soon be facing the same problems that have arisen in the US. This paper examines the impact of the CERCLA that regulates hazardous waste liability in the US and the resulting problems from its application that the EU’s legislators should seriously consider before adopting a European counterpart to CERCLA, which is currently under consideration. - External Identifiers:
- Metadata URL:
- https://digitalcommons.law.uga.edu/stu_llm/178
- Holding Institution:
- Alexander Campbell King Law Library
- Rights:
-
