CONCLUSION

Hazardous waste management is a fundamental requirement governing commercial and governmental operations. Strict liability for contamination is here to stay, and the courts are willing to enforce the new types of legal obligations. EPA and state agencies have powerful enforcement weapons, such as comprehensive rules for response actions as well as reporting and monitoring, backed by administrative penalties and cleanup orders.

Potential purchasers of dirty property should use the proven legal techniques to hold deals together, structure sharing of the financial burdens, and schedule the cleanups. It makes sense for business, industry, government, and individual landowners to cope with their liabilities by using practical approaches to manage the legal, financial, and environmental risks.

At the same time, be aware there may be sources of funding or reimbursement available by virtue of contract provisions, insurance policies, common law principles, and private rights of action in Superfund statutes.