By Elizabeth Glass Geltman
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Extra info for Recycling Land: Understanding the Legal Landscape of Brownfield Development
O. Okla. 1990). , Missouri v. Independent Petrochemical Corp .. 610 F. Supp. D. Mo. 1985): O'Neill v. Picollo, 441 F. Supp. R.!. 1988). 132See United States v. , 729 F. Supp. 1461 (D. Del. 1990). " Section 107(b) lists these defenses as follows: (b) There shall be no liability under subsection (a) of this section for a person otherwise liable who can establish by a preponderance of the evidence that the release or threat of release of a hazardous substance and the damages resulting therefrom were caused solely by-(I) an act of God; (2) an act of war; (3) an act or omission of a third party other than an employee or agent of the defendant ...
65 16 § 1536(a)(2), (e), (h). § 1536(n). § 1540. § 1540(a)(1). § 1540(b)(J). §§ 2601 to 2671. "70 As one commentator and former EPA official explained: The fundamental flaw in RCRA that hinders cleanup is that the law was primarily designed to regulate process wastes, not cleanup wastes. As a result, the law requires stringent treatment standards, usually based on combustion, for most waste streams; establishes lengthy permit requirements; and otherwise presumes that process wastes are continuously generated and disposed of at an ongoing manufacturing facility.
619 F, Supp. 162, 185 (WO. Mo. 1985); Brookfield-North Riverside Water Comm'n v. S. Oist. LEXIS 2920 at * 16. But see Kane v. 3d 87 (8th Cir. 1994) (house containing asbestos is a "consumer product in consumer use" exempt under CERCLA). 9sBrookfie1d-North Riverside Water Commission v. S. Oist. LEXIS 2920 at * 16; United States v. , 584 F, Supp. 1143. 1148 (D. Ariz. 1984). c. § 960 I (22). 97Lincoln Properties, Ltd. v. Higgins, 823 F, Supp. 0. Cal. 1992); Amoco Oil Co. v. , 889 F,2d 664,669 (5th Cir.