Section 47 Property Damage

LibraryDamages 2012

A distinction must be made between response costs, discussed in §10.4 above, and property damage. The federal statutes provide for recovery of funds expended to clean up polluted property. The statutes do not provide for recovery of property damages in a broad sense. There is a provision in CERCLA, however, that prohibits a party from receiving both a buy-out from the government and recovery from a private party for the same loss. 42 U.S.C. § 9614.

Under common-law...

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