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The CERCLA\u27s Daily Penalty and Treble Damages Provisions: Is Any Cause Sufficient Cause to Disobey an EPA Order?

By Patricia Lindauer

Abstract

The Comprehensive Environmental Response, Compensation and Liability Act of 1980 allows the EPA to order a party to cleanup hazardous waste before that party is found liable. However, a party can disobey this order when there is sufficient cause. This article discusses the instances where sufficient cause has been found. Further, the author determines whether the sufficient cause provision is a viable option for parties who have been ordered to cleanup. The author concludes that sufficient cause may be useful, although it is looked upon with skepticism

Publisher: DigitalCommons@Pace
Year: 1994
OAI identifier: oai:digitalcommons.pace.edu:pelr-1463
Provided by: DigitalCommons@Pace

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