Environmental & Energy
Jul. 1, 2016
Judge calls on Congress to fix CERCLA
In his final thoughts in a recent concurrence, a 9th Circuit judge writes that "the case law ... has drifted from what Congress intended when it passed and amended CERCLA in the 1980s." By Jeffrey D. Dintzer and Dana Lynn Craig
Jeffrey Dintzer
Partner
Alston & Bird LLP
333 S Hope St Ste 1600
Los Angeles , CA 90071
Phone: (213) 576-1063
Email: jeffrey.dintzer@alston.com
Boston University SOL; Boston MA
During over 30 years representing clients in complex environmental, toxic tort, and land use litigation, class actions, and administrative proceedings, he has been involved in precedent-setting cases affecting the way industries such as oil & gas do business in California.
The recently published 9th U.S. Circuit Court of Appeals opinion for Whittaker Corp. v. United States, 2016 DJDAR 5687 (June 13, 2016), seems uncontroversial, in-line with precedent, indeed, preordained. It reads like an environmental treatise, educating its reader on some of the finer points of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA). But it's ...
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