Inverting the Law: Superfund Hazardous Waste Liability and Supreme Court Reversal of All Federal Courts

Document Type

Article

Publication Title

William & Mary Environmental Law & Policy Review

Abstract

In its 2006-2007 term, the Supreme Court decided five environmental law cases, a significant amount to fall under one subject area. Of particular importance in the constellation of decisions was the Court's reversal of unanimous judicial precedent, announced unanimously in 2007 in United States v. Atlantic Research Corp. The Supreme Court explored the seldom visited issue of hazardous waste, having done so only once since the turn of the twenty-first century. There is more than meets the eye. This decision turned the legal liability for hazardous waste upside down, but is as noteworthy for enshrining a new era of "plain meaning" interpretation by the Roberts Court.

Last Page

633

DOI

722

Publication Date

4-2009

Creative Commons License

Creative Commons Attribution-NonCommercial 4.0 International License
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License

Find on SSRN

Share

COinS