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Issue

Volume 22, Issue 9 — September 1992

Articles

Environmental Law Drafting in Central and Eastern Europe

by Ruth Greenspan Bell

Editors' Summary: Legal reforms are sweeping Central and Eastern Europe, including the drafting of new environmental laws. Advisors from western countries, including the United States, are trying to apply lessons learned during the past 20 years to the current law drafting effort. However, the history of environmental regulation and the economic transitions currently taking place make this process unique.

The Article explores different factors that law drafters should consider, such as building confidence in law as an institution and the need for setting realistic environmental goals. It suggests ways that the law drafting effort might be better connected to current priorities during a period of economic and social transition. It explores ways to connect environmental law and environmental results, and examines the strengths and weaknesses of the United States' contribution to the drafting process.

A Primer on Hazardous Materials Transportation Law of the 1990s: The Awakening

by Andrew J. Harrison and Stan Millan

Editors' Summary: Regulation of hazardous materials (HAZMAT) transportation has developed in a piecemeal fashion over the past century. In response, Congress passed the Hazardous Materials Transportation Act in 1975 and the Hazardous Materials Transportation Uniform Safety Act in 1990, delegating authority to the U.S. Department of Transportation (DOT) to improve effectiveness, consistency, and uniformity in HAZMAT regulation. The U.S. EPA also participates in HAZMAT regulation under the Resource Conservation and Recovery Act. This Article traces the history of HAZMAT regulations, identifies the regulators and the regulated communities, and delineates the DOT's enforcement responsibilities in cooperation with other federal agencies. The Article also assesses the strengths and weaknesses of the HAZMAT regulations by focusing on the U.S. role in world chemical markets and on states' rights issues under the Tenth Amendment of the U.S. Constitution. Finally, the authors conclude that the HAZMAT requirements tell industry what is expected and allow for innovative means of compliance.