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Environmental

Oct. 21, 2000

Undeserved Burden

In a decision with far-reaching consequences, the 9th U.S. Circuit Court of Appeals has held that mere passive migration of hazardous substances constitutes "disposal" under the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. Section 9601 et seq.). Carson Harbor Village Ltd. v. Unocal Corp., 2000 Daily Journal D.A.R. 10199 (9th Cir. Sept. 14, 2000).

        By Howard Gest
        
        In a decision with far-reaching consequences, the 9th U.S. Circuit Court of Appeals has held that mere passive migration of hazardous substances constitutes "disposal" under the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. Section 9601 et seq.). Carson Harbor Vi...

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