[Judgment Fund and litigative awards under CERCLA]

by United States. General Accounting Office

Publisher: The Office, Publisher: The Office [distributor in Washington, D.C, [Gaithersburg, Md.] (P.O. Box 6015, Gaithersburg 20884-6015)

Written in English
Published: Downloads: 650
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Subjects:

  • Liability for environmental damages -- United States.,
  • Liability for hazardous substances pollution damages -- United States.,
  • Government litigation -- United States.

Edition Notes

StatementUnited States General Accounting Office.
The Physical Object
FormatMicroform
Pagination6 p.
ID Numbers
Open LibraryOL15425207M

The mean fee award in common fund cases is well below the widely quoted one-third figure, constituting percent of the recovery across all cases for a comprehensive data set of published cases. See Availability of the Judgment Fund for the Payment of Judgments or Settlements in Suits Brought Against the Commodity Credit Corporation Under the Federal Tort Claims Act, 13 Op. O.L.C. , n.6 () (quoting 66 Comp. Gen. , ()); see 3 Office of the General Counsel, United States General Accounting Office, Principles of. – RECIDIVISM REDUCTION FUND GRANTEES Alameda Contra Costa Marin Napa San Francisco» San Mateo» Solano Sonoma Del Norte Humboldt Lake Mendocino Santa Clara Santa Cruz» Monterey San Benito 10/13/ 12 8 CONTRACT # filed on October 30th,

  This Article examines the settlement process under CERCLA and concludes that EPA's use of the contribution bar in CERCLA cases to shift part of the equitable share of settling PRPs' liability to nonsettling PRPs violates the Due Process Clause of the Fifth Amendment.(16) It will be argued that PRPs have a protected property right in the money they pay as legal damages and due process . Summary of H.R - th Congress (): Omnibus Consolidated Appropriations Act, F The Traditional Surety Claims for the Contract Funds Under the Tucker Act That Are Not Recoverable Under the Contract Disputes Act. 4 Right to Review Books and Records of the Principal and Indemnitors and to Obtain Other Financial Information. 1 Liability Under CERCLA. 3 Liability Under SMCRA. The mid-decade building boom coupled with post-Hurricane Katrina reconstruction led to a nationwide drywall shortage in the United States in and , forcing builders to turn to imports. Prior to , drywall imports from China were negligible; however, since , the United States has imported more than million pounds of drywall from China because it is abundant and cheap.

  The federal Comprehensive Environmental Response Compensation and Liability Act (CERCLA) better known as Superfund provides private parties with two types of . The Supreme Court has not articulated a precise test for determining whether there is an identity of claims for purposes of claim preclusion, and lower courts do not apply a uniform standard (see. This is a restricted government website for official PACER use only. Unauthorized entry is prohibited and subject to prosecution under Title 18 of the U.S. Code. All activities and access attempts are logged.   The Ninth Circuit’s latest decision upheld personal jurisdiction over Teck, which is a Canadian company, and affirmed Teck’s liability for more than $ million in CERCLA response costs. Id. On March 4, , Teck filed with the U.S. Supreme Court (SCOTUS) its petition for a writ of certiorari, largely asking the high court—again—to.

[Judgment Fund and litigative awards under CERCLA] by United States. General Accounting Office Download PDF EPUB FB2

Judgment Fund. Starting August 1,the Judgment Fund will only accept claims electronically through the Judgment Fund Internet Claims System (JFICS)This is in support of the Paperwork Reduction Act. If you have any questions, please contact us at [email protected] Search Payments Request Award.

The Judgment Fund pays court judgments and compromise. from the Judgment Fund are satisfied, such litigative awards may be paid from the Judgment Fund. BACKGROUND As its name suggests, CERCLA, enacted inestablished a far-reaching program to remedy many years of often unknowing, but potentially devastating, contamination of the environment caused by the disposal of hazardous waste.

The Department of Justice (DOJ) requested a decision as to whether it could use Judgment Fund appropriations to pay litigative awards against the United States. GAO held that DOJ could use Judgment Fund appropriations to reimburse claimants for response costs and damages as long as the payments meet the Judgment Fund's payment criteria.

COVID Resources. Reliable information about the coronavirus (COVID) is available from the World Health Organization (current situation, international travel).Numerous and frequently-updated resource results are available from this ’s WebJunction has pulled together information and resources to assist library staff as they consider how to handle coronavirus.

The Judgment Fund was created to provide a source of payment for many, if not most, of the litigative awards against the United States. ~' B, Feb. 10, The Judgment Fund legislation specifies that those judgments and awards which are "otherwise provided for" may not be paid out of the Judgment Fund.

Note for Federal Program Agencies only: The information displayed on this website is for the purpose of tracking the status of approved Judgment Fund payments only. It should not be used for accounting and auditing purposes. Agencies that require information for accounting and/or auditing purposes should contact the Judgment Fund Branch of Bureau of the Fiscal Service ( or Toll.

The Judgment Fund: History, Administration, and Common Usage Congressional Research Service Summary The Judgment Fund is a permanent, indefinite appropriation that was created by Congress in to pay judgments entered against the United States.

Generally, the United States cannot be sued unless it has waived its sovereign immunity. The Judgment Fund Internet Claims System (JFICS) has a character limit in the payment amount field. Therefore, if the claim you’re submitting is for $ million or more, you’ll need to break the total amount into smaller components, none of which may exceed $99, An agreement under this section may provide that [Judgment Fund and litigative awards under CERCLA] book President will reimburse the parties to the agreement from the Fund, with interest, for certain costs of actions under the agreement that the parties have agreed to perform but which the President has agreed to any case in which the President provides such reimbursement, the President shall make all reasonable efforts to recover.

Can a local government be liable under CERCLA. Yes. CERCLA is a strict liability statute that holds potentially responsible parties (PRPs) jointly and severally liable, without regard to fault, for cleanup costs incurred in response to the release or threatened release of hazardous substances.

Under CERCLA §a person, including a. FOREWORD Under the authorities of the Comprehensive Environmental Response, Compensation and Liability Act of (CERCLA), the Office of Emergency and Remdial Response and the Office of Waste Programs Enforcement are responsible for overseeing the development and implementation of the Government's program for response to uncontrolled releases of hazardous substances.

Legal statute under which the U.S. is liable, and amount is payable by the Judgment Fund. In this report, Judgment Fund payments are categorized as either Administrative or Litigative. Administrative payments are for certain claims settled by agencies without involvement from the Department of.

31 U.S.C. § (a); In re The Judgment Fund and Litigative Awards Under the Comprehensive Environmental Response, Compensation, and Liability Act, 73 Comp. Gen. 46, 49, vails the money will come from the federal Judgment Fund rather than from the budgets of the agencies.

See 31 U.S.C. § (a); In re The Judgment Fund and Litigative Awards Under the Comprehensive Environmental Response, Compensation, and Liability Act, 73 Comp.

Gen. 46, 49, WL (Nov. 29, ); U.S. Treasury, Financial. undertake a response action under CERCLA Section (d)(1) or under the direction of an on-scene coordinator; • sell, re-lease or liquidate the facility; or • take actions to preserve, protect or prepare the property for sale.

A lender may conduct these activities provided that the lender attempts to. The President may pay an award of up to $10, to any individual who provides information leading to the arrest and conviction of any person for a violation subject to a criminal penalty under this chapter, including any violation of section of this title and any other violation referred to in this section.

The bestselling book, Hillbilly Elegy, focuses on life in Middletown, Ohio and makes many references to the town's dependence on AK Steel's Middletown Works facility. Environment. All of AK Steel’s plants were ANSI/ISO certified to meet internationally recognized environmental management standards.

In the U.S. and Wisconsin sued, alleging that defendants polluted the Lower Fox River and Green Bay with PCBs, and had liability under the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C.for response costs and destruction of natural resources, estimated at $ billion.

The Justice Department submitted a proposed consent decree, negotiated among the. Menasha can do this because the United States has waived its sovereign immunity to suit under CERCLA. 42 U.S.C. § (a)(1). Menasha contends that the federal agencies' activities increased the costs of the pollution at the Superfund site by far more than $ million, which is only three-tenths of one percent of the estimated potential.

the resolution of CERCLA claims, whether the resolution is administrative or judicial. Since states are not liable under CERCLA where the plaintiff is not the Government or a state, whether a state is liable and therefore must participate in a CERCLA settlement depends on.

Medical malpractice and other foul-ups from the Legionnaires` disease outbreak in the VA Pittsburgh Healthcare System could cost the government hundreds of thousands — if not millions — of dollars in civil settlements, lawyers predict.

Yet the Department of Veterans Affairs won`t shell out a dime for payments, which would. of hazardous substances, but excludes petroleum which primarily is covered under the Oil Pollution Act. Amendments to the Solid Waste Disposal Act specifically address the cleanup of petroleum leaked from underground storage tanks that are not covered under CERCLA.

The Toxic Substances Control Act (TSCA) and the Federal Insecticide, Fungicide, and. Prior to amendment, par. (11) read as follows: "The term 'Fund' or 'Trust Fund' means the Hazardous Substance Response Fund established by section of this title or, in the case of a hazardous waste disposal facility for which liability has been transferred under section (k) of this title, the Post-closure Liability Fund established by.

For example, in Availability of Expired Funds for Nonmonetary Judicial Awards, [8] GAO held that the Department of Veterans Affairs could not use the Judgment Fund to pay a class action suit pursuant to a district court decision, Pacheco v. [9] GAO held that "in order to qualify for payment from the Judgment Fund, there must be a monetary.

These choices, like the remedy selection itself, involve the balancing of a wide variety of factors and the exercise of best professional judgment. Purpose of the Guidance This guidance document is a revision of the U.S.

Environmental Protection Agency's (EPA) Guidance on Remedial Investigations Under CERCLA (May ) and Guidance on. Buy this book. Better World Books; Share this book. Facebook. Twitter. Pinterest. Embed. Edit. Senate Restaurants Revolving Fund for fiscal years and report to the Chairman, Committee on Rules and Administration, U.S.

Senate, and the Architect of the Capitol [Judgment Fund and litigative awards under CERCLA]The Office. payable from the Judgment Fund if it involves a tort claim statutorily rec­ ognized in 31 U.S.C.

§ (a), and its “payment is not otherwise provid­ ed for”; and (3) that a non-tort settlement is payable from the Judgment Fund under 28 U.S.C. § only if the litigation giving rise to the settle­. In the latest in a line of decisions examining the distinctions between Section and Section claims under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the Seventh Circuit Court of Appeals affirmed in Refined Metals Corp.

NL Industries, Inc., No. a lower court finding that the plaintiff in a cost recovery action brought under CERCLA. This is a practical guidebook to current CERCLA litigation, written by an experienced attorney who specializes in this area of law.

Because it emphasizes the practitioner's needs for focused, case-oriented information, The Superfund Manual avoids presenting an exhaustive analysis of every issue that has been litigated, nor does it serve as a comprehensive repository of every case that. The Judgment Fund Appropriation, 31 U.S.C.

§ (a), appropriates funds necessary to pay “final judgments, awards [and] compromise set­ tlements” when “(1) payment is not otherwise provided for; (2) payment is certified by the Comptroller General; and (3) the judgment, award, or. (h) Sole Source of Funds for Environmental Remediation at Certain Base Realignment and Closure Sites.—In the case of property disposed of pursuant to a base closure law and subject to a covenant that was required to be provided by paragraphs (3) and (4) of section (h) of CERCLA (42 U.S.C.

(h)), the sole source of funds for services.The Judgment Fund is the source of funding Congress has provided for use generally in paying judgments and settlements of claims against the United States when there is no other source of funding. Awards and settlements of Tribunal claims have been paid from the Judgment Fund in the past, including a $ million settlement reached in This damage award is further reduced by $5, because of the Release.

ITC is therefore entitled to final judgment in the amount of $43, plus interest, attorneys' fees, and costs. ITC is entitled to pre-judgment interest at the rate of 10 percent, compounded annually.