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Article
The Effectiveness and Fairness of Superfund's Judicial Review Preclusion Provision
Virginia Environmental Law Journal
  • Michael P. Healy, University of Kentucky College of Law
Abstract

This article examines the effectiveness and fairness of section 113(h) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund). That broadly-worded provision forecloses judicial review of Superfund cleanups prior to enforcement or cleanup completion by requiring that any review action fall within several narrowly-defined exceptions.

After providing an overview of the statute, its enforcement mechanisms, and a context for considering section 113(h), the article summarizes how courts have applied CERCLA's timing of review provision, focusing principally on recent interpretations of the provision. Finally, the article evaluates the effectiveness and fairness of CERCLA review preclusion and concludes by offering recommendations about how the provision should be interpreted and amended.

Document Type
Article
Publication Date
1-1-1996
Disciplines
Notes/Citation Information

Virginia Environmental Law Journal, Vol. 15, No. 2 (Winter 1995-1996), pp. 271-355

Citation Information
Michael P. Healy, The Effectiveness and Fairness of Superfund's Judicial Review Preclusion Provision, 15 Va. Envtl. L.J. 271 (1995-96).