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Issue

Volume 18, Issue 8 — August 1988

Articles

Making CERCLA Natural Resource Damage Provisions Work: The Use of the Public Trust Doctrine and Other State Remedies

by Cynthia Carlson

Editors' Summary: CERCLA authorizes the federal government and states, as guardians of the public trust, to sue polluters to recover damages for injuries to natural resources caused by releases of hazardous substances. These causes of action are governed by the Department of the Interior's natural resource damage assessment regulations, which have recently been challenged in federal court. Critics assail the regulations as strongly biased toward the undervaluation of damaged resources. The author of this Article notes that the regulations may ultimately have to be revised to address this concern. In the meantime, she argues, public trustees stand a good chance of obtaining fuller recovery for injured natural resources if they make use of available pendent state claims. By supplementing their CERCLA suits with appropriate public trust and public nuisance claims, the author submits, public trustees can widen the available remedies to include injunctions, mitigation, restitution, and other forms of equitable relief.

Dialogue

Mike Dukakis on the Environment

by Michael Dukakis

Editors' Summary: With virtual certainty, one of the two Dialogues that follow is the environmental views of the next president. Choosing between them is one of the most important environmental decisions that Americans collectively will make over the next several years.

This month, we publish side by side the environmental views of George Bush and Michael Dukakis. Both manuscripts are the most recent comprehensive statements received from the candidates as of late June 1988. To make the comparison as fair as possible, we have not edited either piece for substance, rather editing only to make the manuscripts uniform with our standard style for punctuation, grammar, and the like. In the case of Mr. Bush's manuscript, delivered originally as a speech to a Seattle audience, we have also eliminated the customary greeting and farewell to the audience and we have generalized such audience-specific phrases as "Here in Seattle."

Otherwise, for both candidates what you see is, come Inauguration Day, what you will get.

George Bush on the Environment

by George Bush

Editors' Summary: With virtual certainty, one of the two Dialogues that follow is the environmental views of the next president. Choosing between them is one of the most important environmental decisions that Americans collectively will make over the next several years.

This month, we publish side by side the environmental views of George Bush and Michael Dukakis. Both manuscripts are the most recent comprehensive statements received from the candidates as of late June 1988. To make the comparison as fair as possible, we have not edited either piece for substance, rather editing only to make the manuscripts uniform with our standard style for punctuation, grammar, and the like. In the case of Mr. Bush's manuscript, delivered originally as a speech to a Seattle audience, we have also eliminated the customary greeting and farewell to the audience and we have generalized such audience-specific phrases as "Here in Seattle."

Otherwise, for both candidates what you see is, come Inauguration Day, what you will get.