The Confused State of the Useful Product Defense

In "The Confused State of the Useful Product Defense," Mr. Pollock explores the intricate and often contradictory application of "useful product defense" under CERCLA Section 107(a)(3). This defense allows a potentially responsible party to argue that they sold a useful material containing a hazardous substance, rather than disposed of it, making the argument that they are not liable under CERCLA. The article highlights how various federal courts have developed analyses for determining the validity of these claims, yet Pollock also asserts that this CERCLA defense will still only continue to evolve and be applied differently in various jurisdictions.

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