December 20, 1985 EXTENSIONS OF REMARKS 38799 EXTENSIONS OF REMARKS TRIBUTE TO DR. 0. URCILLE Mr. Hofheimer is currently president of and make a more extensive comment on IFILL, SR. the Richard Bower Co., headquartered in this ill-conceived amendment and on the New York City. Despite the demands of this general problems of putting Federal causes HON. WILLIAM H. GRAY III job, he makes time to participate in a varie­ of action in all our Nation's laws. OF PENNSYLVANIA ty of community activities. His participa­ To begin with, I must say that my most IN THE HOUSE OF REPRESENTATIVES tion touches all bases of voluntarism: he serious general objection to the Frank pro­ actively and unselfishly dedicates his time posal was the lack of evidence of its neces­ Thursday, December 19, 1985 to the Jewish community, while promoting sity. Indeed, the Superfund 301(e) Study Mr. GRAY of Pennsylvania. Mr. Speaker, better education and health care for his Group, the recent Keystone Conference and I should like today to bring the attention of neighbors. other groups have consistently acknowl­ my colleagues in the House of Representa­ As a life trustee of various Jewish philan­ edged the fact that there is little evidence tives to a most distinguished Philadelphian, thropies and a past president of the Jewish to prove that injured parties are frustrated Dr. 0. Urcille Ifill, Sr. Dr. Ifill has been the Community Center in White Plains, Mr. in recovering for their losses under the ex­ pastor of the African Methodist Episcopal Hofheimer has proven to be an influential isting tort law regime. Union Church for the past 7 years. He will and effective leader in the Jewish commu­ SECI'ION 501 DEFINITIONS be honored by his congregation at a testi­ nity. First. Release-the term would not have monial appreciation banquet on January 3. Mr. Hofheimer has gone to great lengths excluded federally permitted re!eases of ex­ Dr. Ifill's commitment, not only to his to enhance our education system. Present­ posure due to use of pesticides-a major church, but to the Philadelphia community, ly, he sits on the board of directors at Bar­ has been totally untiring and unselfish. issue for farm States. Additionally, claims nard College. Prior to his involvement with by those who allegedly lost profits or dimi­ While sitting on numerous boards and this respected college, he served on the nution in the value of property from such committees of the Mrican Methodist Epis­ Scarsdale Board of Education, which in­ copal Church, Dr. Ifill served as president things as acid rain might have been avail­ cluded 1 year as president of the board. able under this language. Since States ap­ of the Black Clergy of Philadelphia and Vi­ Currently, Mr. Hofheimer is a member of cinity, a position he filled with inspiration parently would have been able to sue to re­ the board of directors of the Blythedale cover for such losses, the provision might and unswerving dedication. Despite the Children's Hospital and chairman of the considerable demands of this crucial lead­ have been argued to vastly expand natural board of the White Plains Hospital. I com­ resource damage claims under Superfund ership position, he has also served as a mend Mr. Hofheimer for his desire to pro­ member of the Funding Policy Committee and consequently triggered a wave of litiga­ vide quality health care for all Westchester tion between heavy industry and certain of United Way, a member of the National residents. Council of Christians and Jews, a member States, despite the limitation of liability It is not surprising that Mr. Hofheimer's contained in existing section 107(0. of the Pennsylvania Public Interest Coali­ dedication to public good carries over to SECfiON 502 LIABILITY tion, a member of the Metropolitan Council his private life, where he and his devoted of Christian Churches of Philadelphia, co­ wife Natalie have raised four .lovely chil­ <A> LIABILITY chairman of the Ecumenical Council of dren. This provision had several onerous as­ Philadelphia Tribune Charities, Inc., and a I applaud Mr. Hofheimer's dedication to pects, perhaps the worse of which was the member of the Pan Methodist Fellowship. bettering the lives of all of us. His efforts exclusivity of the defenses set forth in sub­ Mr. Speaker, I have known Dr. Ifill for are the embodiment of the American spirit section (d). The provision probably would many years. His ministry and community of voluntarism that has made our Nation have precluded such obviously appropriate activities have served as a model for my what it is today. New York is very fortu­ defenses as contributory or comparative own calling. Since coming to the Mrican nate to claim Mr. Hofheimer as a resident. negligence by the plaintiff and voluntary Methodist Episcopal Church in 1978, Dr. contributing activities of the plaintiff, such Ifill never has been too busy to halt his I wish him the best of luck in all of his en­ deavors. Mr. Speaker, I ask that you and as smoking, drinking, or exposure during hectic schedule and help the individuals unrelated nonworkplace activities. Al­ and groups who look to him for guidance. my colleagues join me in saluting Mr. Hof­ heimer, a concerned humanitarian and though some "apportionment" among de­ I, as well as every Philadelphian, am in­ fendants was provided, no equitable reduc­ debted to Dr. Ifill for his contribution to great American. Thank you Mr. Speaker. tion in damages was contemplated. Thus, a the improvement of not only our spiritual jury called upon to determine whether the lives but also to the betterment of our plaintiff had met the burden of proving neighborhoods and our city. FRANK FEDERAL CAUSE OF that the release "caused" damage may have ACTION been compelled to grant a favorable ver­ A TRIBUTE TO MR. JOSEPH dict, or none at all. This runs in contrast to HOFHEIMER HON. THOMAS N. KINDNESS the tort law of some States which recog­ OF OHIO nizes the availability of a comparative neg­ HON. JOSEPH J. DioGUARDI IN THE HOUSE OF REPRESENTATIVES ligence-of the plaintiff-defense in tort OF NEW YORK actions involving strict liability. Thursday, December 19, 1985 A second problem was the ambiguity of IN THE HOUSE OF REPRESENTATIVES Mr. KINDNESS. Mr. Speaker, I realize the word "causes." By using the present Thursday, December 19, 1985 that I have already made some brief re­ tense rather than the more logical and cus­ Mr. DIOGUARDI. Mr. Speaker, it is my marks to the House regarding my concerns tomary past tense, the author arguably privilege to rise today to pay tribute to Mr. with the Federal cause of action for per­ meant to allow recovery upon a showing of Joseph Hofheimer, a great humanitarian sonal injury and property damage recently damages-an injury or disease-of a type and civic leader. On January 15, 1986, an put forth by our colleague from Massachu­ which are caused by exposure to the sub­ event will be held at the White Plains Hotel setts, Mr. FRANK. In those remarks, I tried stance or substances to which the plaintiff to honor Mr. Hofheimer for the volunteer to highlight my concerns in the interest of has been exposed-thus relieving the plain­ services that he has provided to the resi­ time. I would now, however, like to revisit tiff of the traditional burden of proving dents and State of New York. the issue for the benefit of the Members that his or her damages actually were e This "bullet" symbol identifies statements or insertions which are not spoken by the Member of the Senate on the floor. Boldface type indicates words inserted or appended, rather than spoken, by a Member of the House on the floor. 38800 EXTENSIONS OF REMARKS December 20, 1985 caused by the release. Such a standard <C> STRICT; JOINT AND SEVERAL sequent purchaser takes action to abate the would have constituted a drastic departure The express strict, joint, and several li­ nuisance or clearly commits himself to from traditional tort norms and might have ability provisions presented go beyond the abatement. Mere "omission" of abatement prevented the defendant from introducing provisions of sections 107 and 101(32) of does not always give rise to liability. The highly relevant information regarding CERCLA, which have not been rigidly con­ proposed defense would seem to have other potential causes-except to the extent strued to always require such liability. cleared the way for such liability. that they "solely" caused the harm and the (See, e.g., U.S. v. A&F Materials Co., 578 F. <E> CONTRIBUTION defendant was prepared to prove his due Supp. 1249 (S.D. Ill. 1984) (apportionment Although an express right of contribu­ care "in light of all relevant facts and cir­ criteria should be applied); Bulk Distribu­ tion is a fair concommitant to Federal leg­ cumstances." tion Centers, Inc. v. Monsanto Co., 589 F. islation creating joint and several liability, Supp. 1437, n. 15 (S.D. Fla. 1984) (strict li­ the proposed provision would have re­ <B> PERSONS LIABLE ability may apply); and United States v. Subsections (b)(l) and (b)(2) would have quired that contribution claims be raised in Stringfellow, 20 ERC 1912 (C.D. Cal. 1984) a "separate action"-thus stripping Federal created liability for persons who had no apportionment criteria should be applied connection with the release which caused courts of the authority to hear directly re­ under section 107, and joint and several li­ lated claims against third parties in the injury, other than mere inclusion in the ability is inappropriate under section 106).