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^^Environmental Law^^ The Boeing case offers some guidance regarding causation and allocation under CERCLA. Page 7 Happy Meal 9th Circuit Has Served up Some Guidance on CERCLA Causation and Allocation
By William D. Wick
Anyone whose release of hazardous substances "causes the incurrence of response costs" is liable under the Superfund statute for whatever costs the court allocates, "using such equitable factors as the court determines are appropriate." 42 U.S.C. Sections 9607(a)(4), 9613(f)(1). This statutory language on causation and allocation is so broad and vague that prac...
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