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Alternative Dispute Resolution and Superfund: A Research Guide

Glen C. Gilbert

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Abstract

Congress passed the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) of 1980 to provide a Superfund trust for the cleanup of the U.S. enormous hazardous waste problem. The vaguely drafted compromise bill that eventually led to CERCLA also led to a great deal of litigation, as the Environmental Protection Agency (EPA), participants and the courts struggled to interpret the law. The Superfund Amendments and Reauthorization Act of 1986 (SARA) clarified some important issues, but many questions remain. This research guide is designed to help both the novice researcher and the experienced dispute resolution professional understand the potential for the Alternative dispute resolution (ADR) solutions to Superfund problems.

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What this paper is about

Congress passed the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) of 1980 to provide a Superfund trust for the cleanup of the U.S. enormous hazardous waste problem. The vaguely drafted compromise bill that eventually led to CERCLA also led to a great deal of litigation, as the Environmental Protection Agency (EPA), participants and the courts struggled to interpret the law. The Superfund Amendments and Reauthorization Act of 1986 (SARA) clarified some important issues, but many questions remain. This research guide is designed to help both the novice researcher and the experienced dispute resolution professional understand the potential for the Alternative dispute resolution (ADR) solutions to Superfund problems.

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Available abstract

Congress passed the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) of 1980 to provide a Superfund trust for the cleanup of the U.S. enormous hazardous waste problem. The vaguely drafted compromise bill that eventually led to CERCLA also led to a great deal of litigation, as the Environmental Protection Agency (EPA), participants and the courts struggled to interpret the law. The Superfund Amendments and Reauthorization Act of 1986 (SARA) clarified some important issues, but many questions remain. This research guide is designed to help both the novice researcher and the experienced dispute resolution professional understand the potential for the Alternative dispute resolution (ADR) solutions to Superfund problems.

Key concepts: Superfund, Compromise, Liability, Agency (philosophy), Hazardous waste, Compensation (psychology), Dispute resolution, Law

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