The effect of joint and several liability under superfund on brownfields

Cover of: The effect of joint and several liability under superfund on brownfields | Howard F. Chang

Published by National Bureau of Economic Research in Cambridge, MA .

Written in English

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Places:

  • United States.

Subjects:

  • Liability for environmental damages -- United States.,
  • Brownfields -- Prices -- United States.

Edition Notes

Book details

StatementHoward F. Chang, Hilary Sigman.
SeriesNBER working paper series ;, working paper 11667, Working paper series (National Bureau of Economic Research : Online) ;, working paper no. 11667.
ContributionsSigman, Hilary, 1964-, National Bureau of Economic Research.
Classifications
LC ClassificationsHB1
The Physical Object
FormatElectronic resource
ID Numbers
Open LibraryOL3479070M
LC Control Number2005620000

Download The effect of joint and several liability under superfund on brownfields

Thus, the brownfields problem may be more widespread than the prior literature suggests. Furthermore, the effects we identify may distort any decision of anyone subject to any joint and several liability if that decision may affect the The effect of joint and several liability under superfund on brownfields book of other parties liable Cited by: The effect of joint and several liability under Superfund on brownfields.

[Howard F Chang; Hilary Sigman; National Bureau of Economic Research.] -- "In response to claims that the threat of Superfund liability deters the acquisition of potentially contaminated sites or "brownfields" for redevelopment, the federal government and the states have. Our analysis suggests that the brownfields problem may be more widespread than one might infer from the prior literature.

Furthermore, the effects that we identify may distort not only the incentives to sell property subject to Superfund liability but also any decision of any party subject to any joint and several liability if that decision could affect the number of other defendants liable for the same by: THE EFFECT OF JOINT AND SEVERAL LIABILITY UNDER SUPERFUND ON BROWNFIELDS HOWARD F.

CHANG and HILARY SIGMAN* The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 1 also known as the federal Superfund statute, makes certain specified parties potentially responsible for the costs of cleaning up a contaminated site.

The effect of joint and several liability under superfund on brownfields (Public Law and Legal Theory Research Paper No. Philadelphia: University of Pennsylvania Law School. Clarke, C. We present a model of joint and several liability under Superfund that allows us to distinguish four different reasons that this liability may discourage the purchase of brownfields.

The previous literature has overlooked the effects that we identify, which all arise because a sale may increase the number of defendants in a suit to recover cleanup costs.

We developed this paper under STAR Research Assistance Agreement No. R, awarded by the U.S. Environmental Protection Agency (EPA), but the EPA has not formally reviewed this paper.

The views expressed in this document are those of the authors, and the EPA does not endorse any products or commercial services mentioned in this paper. Chang, Howard F. & Sigman, Hilary, "The effect of joint and several liability under superfund on brownfields," International Review of Law and Economics, Elsevier, vol.

Superfund Liability is: Retroactive - Parties may be held liable for acts that happened before Superfund's enactment in Joint and Several - Any one potentially responsible party (PRP) may be held liable for the entire cleanup of the site (when the harm caused by multiple parties cannot be separated).

Most of these effects on brownfields arise because the purchase may increase the number of defendants in a suit to recover cleanup costs.

The Effects of Joint and Several Liability. The economic theory developed in the prior literature suggest various reasons to expect joint and several liability under the Superfund law to.

Economic theory developed in the prior literature indicates that under the joint and several liability imposed by the federal Superfund statute, the government should recover more of its costs of cleaning up contaminated sites than it would under nonjoint liability, and the amount recovered should increase with the number of defendants and with the independence among defendants in trial outcomes.

Chang & Sigman () examine the effects of joint and several liability on the probability and speed of settlement in Superfund cases and conclude that, in practice, joint and several liability.

Superfund Reform Provides Liability Protection to Small Businesses and Brownfields Developers Ap In one of the most significant reforms to the Superfund law since its enactment, The Small Business Liability Relief and Brownfields Revitalization Act (“Brownfields Act”) was signed by President George W.

Bush on Janu   Abstract. This Article represents the first empirical study of the effects of bad-faith laws on claims decisionmaking by insurance companies. One of the most notable and debated developments in the law of tort and insurance since the s has been the recognition in many states of an extracontractual cause of action against insurers for the bad-faith denial of a claim filed by an insured.

objectives, the liability for cleanup under CERCLA was retroactive, strict, and joint and several, where: • "Retroactive" liability applies even to acts causing pollution years or decades before CERCLA became law.

Marie Howland is a Professor in the Urban Studies. Chang, Howard F. and Sigman, Hilary A., The Effect of Joint and Several Liability Under Superfund on Brownfields. U of Penn, Inst for Law & Econ Research Paper No. ; U of Penn Law School, Public Law Working Paper No.

ability under Superfund for parties that purchase or operate these sites.”2 CERCLA grants the Environmental Protection Agency (“EPA”) the authority to regulate cleanup of Superfund and brown-field sites. Although Superfund sites are a top priority and are in the spot-light more often than brownfields, the negative effect of CERCLA on.

CERCLA AKA “Superfund” Comprehensive Environmental Response, Compensation, and Liability Act. SBLRBRA AKA “The Brownfields Law” Small Business Liability Relief and Brownfields Revitalization Act.

SOA Law. State of Alaska Law. BUILD Act. Brownfields Utilization, Investment, and Local Development Act. CERCLA SBLRBRA. SOA Law. The answer is strict, joint and several, and retroactive. Liability under CERCLA is considered strict, joint and several, and retroactive. Strict liability means that the owner is responsible to the injured party without excuse.

Joint and several liability means that each of the individual owners is personally responsible for the total damages. BibTeX @MISC{Chang05©notice, author = {Howard F. Chang and Hilary Sigman and Howard F. Chang and Hilary Sigman}, title = {© notice, is given to the source.

The Effect of Joint and Several Liability Under Superfund on Brownfields}, year = {}}. The Effect of Joint and Several Liability under Superfund on Brownfields. International Review of Law and Economics.

Brownfields Redevelopment, Preferences, and Public Involvement: A Case Study of an Ethnically Mixed Neighborhood. The Effect of Joint and Several Liability under Superfund on Brownfields. International Review. The Comprehensive Environmental Response and Cleanup Liability Act (CERCLA), commonly known as Superfund, had consequences not envisioned by its creators.

The threat of liability, especially the onerous threats of strict, joint and several liability costs, put a chill on real estate owners, developers, financers, and insurers who had financial. The effect of joint and several liability under superfund on brownfields "In response to claims that the threat of Superfund liability deters the acquisition of potentially contaminated sites or "brownfields" for redevelopment, the federal government and the states have enacted laws or adopted.

a Primer on Joint and several liability The COnCepT OF “JOinT and Several liabiliTy” “Joint and several liability” allows a plaintiff to “sue for and recover the full amount of recoverable damages from any [defendant].” Restatement (Third) of Torts: Apportionment of Liability § 10 ().

In its pure form, the practical effect of this. The strict, joint, and several liability imposed upon owners of contaminated facilities under the Federal Comprehensive Environmental Response Compensation and Liability Act (CERCLA) of has been instrumental in targeting and cleaning up the nation's worst contaminated sites while holding primary polluters responsible for remedial action.

Howard F. Chang, Hilary A. Sigman, An Empirical Analysis of Cost Recovery in Superfund Cases: Implications for Brownfields and Joint and Several Liability, SSRN Electronic Journal, /ssrn, (). The effect of joint and several liability under Superfund on Brownfields. National Bureau of Economic Research (NBER) Working Paper No.October R ().

The Effect of Joint and Several Liability Under Superfund on Brownfields, 27 INT'L REV. & ECON. Cultural Communities in a Global Labor Market: Immigration Restrictions as Residential Segregation, U.

CHI. L.F. (symposium contribution), reprinted in 28 IMMIGR. Chang H, Sigman H () The effect of joint and several liability under superfund on brownfields. Int Rev Law Econ – Article Google Scholar. Because the liability scheme of Superfund law — joint and several liability on a strict and retroactive basis — drew in many parties, sometimes hundreds at a particular site, in protracted and expensive litigation, the bills of the s consequently provided protection against Superfund liability for more than a dozen categories of parties.

Economic theory developed in the prior literature indicates that under the joint and several liability imposed by the federal Superfund statute, the government should recover more of its costs of cleaning up contaminated sites than it would under nonjoint liability, and the amount recovered should increase with the number of defendants and with the independence among defendants in trial.

CERCLA. The problem for redevelopment posed by CERCLA stems less from the cleanup or procedural regulations imposed by the law than from the complex legal liability system that comes into play for any site with even a small amount of contamination (38).

Of particular concern are the principles of “strict” and “joint and several” liability. Neither a price nor quantity effect is estimated from strict liability. Second, a working paper (“The Effects of Joint and Several Liability under Superfund on Brownfields,” with Howard F.

Chang of University of Pennsylvania Law School) analyzes the incentives created by joint and several liability. Liability under the Superfund is considered to be strict, joint and several, and retroactive. Strict liability means that the owner is responsible to the injured party without excuse.

Joint and several liability means that each of the individual owners is personally responsible for the total damages. managing CERCLA liability As stated earlier, the vast majority nsks- of brownfield properties will never CERCLA's Liability Scheme Under CERCLA, liability for cleanup is strict, joint, and several.

On JanuEPA announced its "Brownfields Action Agenda," which is intended to help States and localities in their efforts to clean up brownfields. The Agenda includes several EPA efforts to clarify liability policies and thereby remove current barriers to the assessment, cleanup, and redevelopment of brownfields.

Under strict liability, a responsible party is liable regardless of whether the party is at fault. Under joint and several liability, each party can be held responsible for the entire cost of the cleanup. Most states have similar liability laws and develop their own lists of the sites needing cleaning up.

U.S.: Joint and Several CERCLA Liability After the Burlington Northern Decision. – Robert Lucic and John D’Agostino, EHS Journal, July 2, Businesses facing potential liability for environmental cleanup costs have struggled with the often-draconian method for assessing the extent of that liability, especially where other contributors to contamination have gone out of business or are.

QUESTIONS and ANSWERS REGARDING FEDERAL BROWNFIELDS PROPERTY LIABILITY This document has been created to provide information to municipalities, non-profits, private developers, and others regarding the acquisition of property under the Brownfields amendments to CERCLA enacted in January, The document was written in a 'question and answer'.

Under most brownfields redevelopment programs, a developer agrees to undertake remediation of a site pursuant to federal or state regulatory oversight and pursuant to a remediation plan which has been the subject of some public participation and input. Courts have interpreted CERCLA broadly to impose strict, joint and several liability.

(8. Most states have analogous statutes. Fortunately for developers that may be interested in building a renewable energy project on one of these sites, the federal Superfund law provides an affirmative defense against liability under the statute to property owners and tenants that qualify as “bona fide prospective purchasers” (BFPPs).Open Library is an open, editable library catalog, building towards a web page for every book ever published.

Read, borrow, and discover more than 3M books for free.“The Effect of Joint and Several Liability Under Superfund on Brownfields” (with Hilary Sigman) 27 International Review of Law and Economics () “Cultural Communities in a Global Labor Market: Immigration Restrictions as Residential Segregation,” University of Chicago Legal Forum 93 () (symposium contribution).

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