Strategies to Minimize Liability under Federal and State Environmental Laws

TRB's Transit Cooperative Research Program Legal Research Digest 9: Strategies to Minimize Liability under Federal and State Environmental Laws provides insight into the potential liability of transit agencies for hazardous waste, and methods and policies that would avoid or reduce the potential liability.

The report should be useful to transit administrators, attorneys, planners, engineers, financial officials, development and contracting officers, and contract managers. It is organized as follows:
Introduction;
(A) Overview of Federal and State Environmental Laws and Their Impact on Transit Agencies;
(B) Liability of Transit Agencies under CERCLA;
(C) Survey of Transit Agencies That Have Been Sued under CERCLA and Related State Environmental Laws;
(D) Defenses That May Be Asserted by Transit Agencies Against Liability;
(E) Defenses Available in the Apportionment Phase of a CERCLA Action-- Equitable Apportionment;
(F) Preventive Measures That Transit Agencies Should Take to Avoid CERCLA Liability;
(G) Measures to Take When a Claim Is Made; and Conclusions. CERCLA is the Comprehensive Environmental Response, Compensation, and Liability Act.