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Environmental & Energy,
9th U.S. Circuit Court of Appeals

Jun. 25, 2010

The Ninth Circuit Issues Major Superfund Decision

The 9th Circuit, for the first time, weighs in on a major issue of CERCLA law that has divided federal courts around the nation.

Richard M. Frank

Professor of Environmental Practice, UC Davis School of Law

Richard is director of the California Environmental Law & Policy Center at the UC Davis School of Law.

Earlier this month, the 9th Circuit U.S. Court of Appeals handed down a major decision interpreting the federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as the Superfund law. The 9th Circuit ruled that companies potentially liable under CERCLA for hazardous waste clean-up efforts have a right to intervene in cases where the government has worked out a settlement with other parties who bear possible legal liability for the same hazardous w...

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