NOTE: CERCLA CLEANUP COSTS UNDER COMPREHENSIVE GENERAL LIABILITY INSURANCE POLICIES: PROPERTY DAMAGE OR ECONOMIC DAMAGE? Skip over navigation
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Copyright (c) 1988 Fordham Law Review
Fordham Law Review

NOTE: CERCLA CLEANUP COSTS UNDER COMPREHENSIVE GENERAL LIABILITY INSURANCE POLICIES: PROPERTY DAMAGE OR ECONOMIC DAMAGE?

May, 1988

56 Fordham L. Rev. 1169

Author

Sharon L. McCarthy

Excerpt

INTRODUCTION

The 1980's have been a time of environmental awakening in the United States, as Americans have become aware of the need to control waste and to reclaim the environment. 1 The polluting of the environment, however, is nothing new. In fact, chemical companies and waste haulers used to dispose of toxic wastes by sealing the wastes in drums and burying them, or by pouring them directly into the waterways. 2 Since the emergence of chemical production, the state of waste disposal has been disgraceful, 3 and we are left with Times Beach, Love Canal, the Valley of the Drums 4 and countless future sites to remind us of these disastrous actions and to inspire the desire for action. .

In 1980, Congress passed the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"), 5 popularly known as "Superfund." Enacted in response to such disasters as Love Canal, 6 CERCLA authorizes the Environmental Protection Agency ("EPA"), under certain circumstances, to clean up inactive hazardous waste sites and then to seek reimbursement of its cleanup costs 7 from the careless chemical producers and waste haulers. 8

No one disputes the liability of these polluters for damage done to the environment. 9 The question that arises today, rather, is whether the Comprehensive General Liability ("CGL") insurance policies 10 taken out by these polluters years before toxic waste cleanup expenses became a problem cover expenses incurred by the EPA in cleaning up toxic waste. 11 This Note discusses the issue of ...
 
 
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