Article: Talking `bout my Generation: The Remediation Liability of Waste Producers

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The UK Department of Environment Food and Rural Affairs has argued that the EU Environmental Liability Directive draws upon CERCLA policies, but the general view would be that this influence has been curtailed to date within UK legislation, not least by an avoidance of joint and several liability through a complex series of exclusions and risk transfer mechanisms built into the Circular operating the contaminated land regime. The spectre of liability for waste producers has not been widely canvassed and an assumption may have been made that such extensive liability is not a feature of systems on this side of the Atlantic. This article challenges that assumption in relation to the Environmental Protection Act 1990, Part IIA.

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