Insurance companies cannot recover environmental cleanup costs paid to their insured under the federal Comprehensive Environmental Response, Compensation and Liability Act, commonly known as Superfund, from another Potentially Responsible Party (unless their insured had first pursued a separate claim to recover the cleanup
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CERCLA
On December 30th, the Environmental Protection Agency took final action amending the “All Appropriate Inquiries Rule” to now reference ASTM International’s E1527-13 “Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process.”
In the guidance that accompanied the new
Comprehensive federal environmental regulation does not come easily. First, there is the difficulty of crafting scientific regulations. Then there are the entrenched interests to be combated, both in the private sector, and with the states and local governments who may have had authority prior to federal regulation. Compounding these issues is the high cost of regulation and enforcement itself. Criticisms abound from the right–too much regulation–and the left–too little.