Superfund and Natural Resource Damages Litigation Committee Report
ABA Section of Environment, Energy, and Resources
123 SUPERFUND AND NATURAL RESOURCE DAMAGES LITIGATION 2008 Annual Report1 I. SUPERFUND: ADMINISTRATIVE AND REGULATORY DEVELOPMENTS No significant developments in this area. II. SUPERFUND: JUDICIAL DEVELOPMENTS A. Applicability and Constitutional Issues No significant developments in this area. B. Jurisdiction In Beazer East, Inc. v. Mead Corp.,2 the Third Circuit addressed the issue of whether the “civil action” requirement under section 113(f)(1) of the Comprehensive Environmental Response...