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Abstract
This article analyzes a 2011 District Court of Idaho decision holding that the federal governments permitting and oversight of the mining waste disposal made it liable as arranger and operator under CERCLA for contamination resulting from the waste disposal. The court rejected the governments argument that it could not be liable as an arranger or operator because it was acting in a merely "regulatory" capacity. As a result of this decision, parties involved with hazardous waste cleanups arising from activities that were permitted and overseen by a governmental entity may be able to shift some of the expense back to the government.
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