Liability of Defense Contractors for Hazardous Waste Cleanup Costs
Abstract
This thesis examines the liability of defense contractors to pay for hazardous waste cleanup costs. While the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA or Superfund) imposes strict, joint, and several liability, the contractor and the Department of Defense (DoD) may agree to reallocate CERCLA liability under the terms of the contract. This raises questions concerning who should pay for hazardous waste cleanup: the contractor, the contractor's insurers, or DoD? This thesis concludes that DoD should pay the contractor's hazardous waste cleanup costs in certain limited circumstances, pursuant to the authority to indemnify contractors under Public Law 85-804 and 10 U.S.C. section 2354.
Document Details
- Document Type
- Technical Report
- Publication Date
- Apr 01, 1989
- Accession Number
- ADA451142
Entities
People
- Margaret O. Steinbeck
Organizations
- The Judge Advocate General's Legal Center and School