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Issue

Volume 17, Issue 3 — March 1987

Articles

Little Waters: The Relationship Between Water Pollution and Agricultural Drainage

by John H. Davidson

Editors' Summary: Drainage from farmland is a major source of water pollution in the United States, but is largely unregulated under the Federal Water Pollution Control Act. In this article, Professor Davidson analyzes why this is an improper reading by the Environmental Protection Agency of the 1977 amendments to the FWPCA, and why new provisions in the 1987 legislation codifying the exclusion are bad policy and destined to create confusion. As this article goes to press, the 1987 amendments to the FWPCA have passed both houses of Congress, but presidential action is uncertain.

Dialogue

Environmental Policy and Law in the USSR

by Oleg S. Kolbasov

The Soviet Union is the first country in which socialism as a philosophical concept has become a reality. Now the USSR is developing with the hope for a better future not only for its own people, but also for mankind. However, this development is not a smooth one. Going this way, we meet difficulties, we make miscalculations, and sometimes we are simply mistaken. Sometimes we go faster, but sometimes we go slower.

Nowadays, we are at the very beginning of the acceleration of socio-economic development of Soviet society. This direction was pointed out by the 27th Congress of the Communist Party of the Soviet Union (CPSU). But even before the Congress, it was perfectly clear that the country needed to renovate all aspects of its policy. This new course was declared by the new Party and State leadership, headed by the General Secretary of the Central Committee of the CPSU, Mikhail S. Gorbachev. This new course is unanimously supported by the nation.

The Applicability of CERCLA and SARA to Releases of Radioactive Materials

by Steven R. Miller

The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA),1 as amended by the Superfund Amendments and Reauthorization Act of 1986 (SARA),2 covers the cleanup of "releases" of radioactive materials from federal and private facilities into the environment. In addition, certain provisions of SARA that do not amend CERCLA also apply to radioactive materials. This dialogue explores the extent to which these laws apply to radioactive materials and the limited exemptions for such materials in these statutes. In addition, the growing overlap between CERCLA and the other federal and state laws that apply to radioactive materials is discussed.