Review of: VALERIE M. FOGLEMAN, HAZARDOUS WASTE CLEANUP, LIABILITY AND LITIGATION: A COMPREHENSIVE GUIDE TO SUPERFUND LAW. (Quorum Books 1992) [320 pp.] Acronyms, index, preface, selected bibliography. LC 91-47999, ISBN 0-89930-647-0. [$59.95 cloth. 88 Post Road West; Westport CT 06881.

Soobert, Allan M.

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RISK: Health, Safety & Environment (1990-2002)Volume 4Number 3 RISK: Issues in Health & Safety Article 8June 1993Book ReviewAllan M. SoobertFollow this and additional works at: https://scholars.unh.edu/riskPart of the Environmental Health Commons, Environmental Law Commons, and theEnvironmental Sciences CommonsThis Book Review is brought to you for free and open access by the University of New Hampshire – School of Law at University of New HampshireScholars' Repository. It has been accepted for inclusion in RISK: Health, Safety & Environment (1990-2002) by an authorized editor of University ofNew Hampshire Scholars' Repository. For more information, please contact ellen.phillips@law.unh.edu.Repository CitationAllan M. Soobert, Book Review , 4 RISK 265 (1993).Book ReviewErratumThe citation for this review is 4 RISK 263 (1993) in most commercial databases.This book review is available in RISK: Health, Safety & Environment (1990-2002): https://scholars.unh.edu/risk/vol4/iss3/8Book Reviews 265VALERIE M. FOGLEMAN, HAZARDOUS WASTE CLEANUP, LIA-BILITY AND LITIGATION: A COMPREHENSIVE GUIDE TOSUPERFUND LAW. (Quorum Books 1992) [320 pp.] Acronyms, index,preface, selected bibliography. LC 91-47999, ISBN 0-89930-647-0. [$59.95 cloth.88 Post Road West; Westport CT 06881.)Fogleman, an environmental attorney who specializes inenvironmental liability issues, has authored several publications on thesubject. In this practical guide, she attempts to reconcile the complexitiesand ambiguities created by the Comprehensive EnvironmentalResponse, Compensation and Liability Act (CERCLA), as amended bythe Superfund Amendment and Reauthorization Act (SARA), commonlyreferred to as Superfund legislation. This legislation establishes anational program for cleanup of abandoned and uncontrolled hazardouswaste sites in the U. S.The Superfund program is not without difficulties, and Foglemanattributes much of these difficulties to a hastily-enacted CERCLA,passed in 1980 "in the closing days of a lame duck Congress."1 Aftercriticizing the "scant" legislative history, she examines the intricacies ofthe Superfund process, Environmental Protection Agency (EPA)enforcement and settlement procedures, and Superfund litigation. TheSuperfund process is described from discovery of an abandoned oruncontrolled hazardous waste site to its eventual cleanup. Next,Fogleman examines the types and scope of the EPA's enforcementmechanisms under Superfund, including the EPA's authority tonegotiate settlements with potentially responsible parties (PRPs). Theremaining chapters examine aspects of Superfund litigation, focusing oncleanup cost-recovery issues, PRPs, standards for liability and naturalresource damages.The book is intended to provide attorneys and business managersalike with a practical and comprehensive guide to Superfund law andliability. Although the book generally serves this purpose, much of thediscussion is best suited to those with knowledge of basic legalconcepts. As a result, individuals unfamiliar with such fundamental1 At5.4 RISK - Issues in Health & Safety 263 [Summer 1993]legal concepts as judicial review, administrative law and process andstrict liability, may have difficulty understanding all aspects of the text.Nevertheless, lawyers and business managers acquainted withenvironmental regulation will find the book useful as a resource forSuperfund law and liability. Managers, in particular, will undoubtedlybe interested in chapters 7 and 8, where Fogleman analyzes (1) thecriteria used to designate individuals and entities as PRPs, and (2) theresultant Superfund liability of those so designated.The analysis indicates that the Superfund liability scheme isunparalleled in its reach, subjecting corporations, corporate officers,directors, and employees, many other individuals and entities, andlending institutions to liability for multimillion dollar cleanups. Suchliability can indeed be exorbitant and, at times, unlimited. For example,a PRP may, as Fogleman indicates, be "liable for all [cleanup costsrelating] to a release of a hazardous substance or incident involving therelease of a hazardous substance," regardless of fault.2 As aconsequence, PRPs and related individuals should find Fogleman'scoverage of Superfund liability and available defenses helpful.The book suggests that Superfund liability can be avoided bydeveloping an understanding of the program's scheme and using thisunderstanding to develop a proactive approach to hazardous wastecontrol. Fogleman, in this work, successfully provides lawyers andrelevant business managers with an important reference to Superfundlaw and liability.Allan M. Soobertt2 At 226.t Mr. Soobert has a B.S. (Electrical Engineering), Pennsylvania State University;M.S. (Electrical Engineering), George Mason University; and J.D., Franklin PierceLaw Center. He is an associate of Dorsey & Whitney, in Washington, D.C.,specializing in intellectual property and international trade law, with additional interestin environmental law.

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