I would like to focus on this point for a moment, if I may. Section 102(c)(7) excludes from coverage under the bill any actions for ``remediation of the environment.'' The section refers to the Comprehensive Environmental Response, Compensation and Liability Act of 1980 for the definition of ``environment,'' which includes the navigable waters, the waters of the contiguous zone, the ocean waters of the United States, and any other surface water, ground water, drinking water supply, land surface or subsurface strata, or ambient air within the United States. The section does not define ``relief for remediation,'' which is not a legal term of art. It is not clear whether ``relief for remediation of the environment'' includes all other remedies to make injured parties whole, such as relief for damage to private property and lost revenues, or whether the exclusion is limited strictly to damage to the environment. I note that the committee report states with respect to section 102(c)(7) that the bill ``does apply to all product liability actions for harm'' which is defined as ``any physical injury, illness, disease, death, or damage to property caused by a product.'' I ask the Senator if he could please explain how this exclusion is intended to be applied in the case of an oilspill that causes damage to the environment and damage to private property?
Haley Stevens: “I would like to focus on this point for a moment, if I may. Section 102(c)(7) excludes from coverage under the bill any…”
Editor's note · Context
Discussing the implications of a bill's exclusion of environmental remediation actions.
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