remedial action – intended to permanently alleviate pollution when a hazardous substance has been released or might be released into the environment, so as to prevent or minimize any further release of hazardous substances and thereby minimize the risk to public health or to the environment

     This page is continued from Civil Law Self-Help >>>> Section 3: Which form(s) of relief are you seeking from the court to help remedy the situation? >>>> Remedies:

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remedial action:

1. Environmental law. An action intended to bring about or restore long-term environmental quality; especially, under CERCLA, a measure intended to permanently alleviate pollution when a hazardous substance has been released or might be released into the environment, so as to prevent or minimize any further release of hazardous substances and thereby minimize the risk to public health or to the environment. 42 USCA § 9601(24); 40 CFR § 300. 6. — aka remedy.  See CERCLA. Cf. REMOVAL ACTION. 

2. See personal action (1) under ACTION (4). [1]

1. A civil action for recovery of damages for the benefit of the injured party as compensation, the purpose being to indemnify the plaintiff rather than punish the defendant. 1 Am J2d Actions § 42.

An action is remedial where it is brought by the party injured, but it is penal when it is brought by a common informer. O’Keefe b Weber, 14 or 55, 12 P 74. [2]

1. An action or recovery of compensatory damages rather than punitive damages. [3]

  • CERCLA – Comprehensive Environmental Response, Compnsation, and Liability Act of 1980.  *  This statute holds responsible parties liable for the cost of cleaning up hazardous-waste sites. 42 USCA §§ 9601 et seq.  See SUPERFUND.
  • Superfund (1977) The program that funds and administers the cleanup of hazardous-waste sites through a trust fund (financed by taxes on petroleum and chemicals and a tax on certain corporations) created to pay for cleanup pending reimbursement form the liable parties.  2. The popular name for the act aht established this program — the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA). [1]  1. A fund created by federal statute to be used in locating and cleaning up hazardous waste sites. [3]

References:

Disclaimer: All material throughout this website is compiled in accordance with Fair Use.

[1]: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black, Editor in Chief Bryan A. Garner. ISBN: 978-0-314-61300-4

[2]: Ballantine’s Law Dictionary with Pronunciations Third Edition by James A. Ballantine (James Arthur 1871-1949).  Edited by William S. Anderson.  © 1969 by THE LAWYER’S CO-OPERATIVE PUBLISHING COMPANY.  Library of Congress Catalog Card No. 68-30931

[3]:  Ballantine’s Law Dictionary Legal Assistant Edition
by Jack Ballantine 
(James Arthur 1871-1949).  Doctored by Jack G. Handler, J.D. © 1994 Delmar by Thomson Learning.  ISBN 0-8273-4874-6.

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