Destroying the Incentive for Negotiated Settlements and Undermining the Increased Use of Alternative Dispute Resolution Under the Comprehensive Environmental Response, Compensation, and Liability Act
By , February 8, 2012
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The author states that the use of ADR by the EPA is essential for resolving conflicts involving the CERCLA. However, the decision in Cooper v. Aviall undermines the EPA policy of promoting the use of ADR.