In each case, CERCLA imposes strict liability upon the responsible party, major league baseball new york yankees full printing ugly sweater independent of traditional notions of culpability such as intent and recklessness.
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healthful, productive and aesthetically pleasing surroundings” and protect “important aspects” of the “national heritage.” Liability under CERCLA is joint and several liability, major league baseball new york yankees full printing ugly sweater which means that once it is established among a group of defendants, any one of the defendants can be held responsible for the entire cost of cleanup. Although defendants are permitted to offer evidence that they are responsible for only part of an environmental injury, the commingling of chemicals at dump sites makes such a defense difficult to prove. Defendants may also seek reimbursement from codefendants who were primarily responsible for a hazardous discharge, but this relief proves futile when a responsible codefendant has disappeared or filed bankruptcy. Thus, wealthy landowners are often left paying the costs of the CERCLA cleanup.
Fourth, the act creates the multi-billion-dollar Hazardous Substance Trust Fund to pay for removal and remedial actions. Money for the fund is raised through federal appropriation and through taxes paid by some disposal site owners and operators. The fund cannot be used to remedy environmental injuries from hazardous waste that “occurred wholly before the enactment of this Act.” Private claims may be made against the fund only if the PRPs cannot be found or are insolvent. Third, CERCLA creates a class of persons who are potentially responsible parties , who will be held liable for cleanup and restitution costs. The act provides that all generators and transporters of hazardous materials, and every owner and operator of a disposal or treatment facility, shall be liable for all removal and remedial costs incurred by the state and federal government not inconsistent with the NCP, as well as any other necessary response costs such as consulting fees or attorney fees in certain situations.