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Student Publications Homepage
ARTICLE CONTENTS
[Pages 123-160]
TOP OF ARTICLE
Introduction
I. Federal and State Hazardous Waste Site Law: An
Evolving Partnership
A. Federal Law: CERCLA
B. CERCLA, Federalism and the States
C. Illustrative State Law: Maine’s Uncontrolled Hazardous
Substance Sites Act
II. Trends and Issues Pointing Toward Super Settlements
A. Future Use-Based Cleanup Standards
B. Increasing Technological Sophistication and Maturity of the Environmental Cleanup Industry
C. Reemergence of the Environmental Insurance Industry
D. Sustained and Increasing Dissatisfaction With Existing
Settlement Models
III. Case Example: The Wells Super Settlement
A. Background
B. The Wells Super Settlement: Key Players and Details
C. Critiquing the Super Settlement Concept in Action to Date
IV. Analysis: Legal Issues Surrounding Super Settlements
A. Will Super Settlement Consent Decrees Stand Up to Review?
B. What If the Deal Goes Very Wrong?
C. How Will State-Level Super Settlements Work Vis-à-Vis EPA?
D. Are There Other Contexts Where the Assumption of Environmental Liability Along the Lines of the Super Settlement Concept Would Make Sense?
Conclusion
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