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Volume [field_article_intvolume_value], Issue [field_article_intissue_value] — November 1994


The Scope of the Bevill Exclusion for Mining Wastes

by Van E. Housman

Editors' Summary: In 1980, Congress adopted the Bevill Amendment, which amends RCRA to exempt temporarily from Subtitle C regulation solid waste from ore and mineral extraction, beneficiation, and processing. The Amendment directed EPA either to promulgate Subtitle C regulations for the waste or determine that the exemption should continue. This Article examines EPA's regulatory response to this directive and the major court cases that have addressed that response. It examines CERCLA liability for mining waste releases and EPA's regulation of hazardous waste mixtures containing Bevill waste. This Article concludes that EPA's scheme is essentially effective in determining which mining wastes merit Subtitle C regulation, and it proposes a checklist that regulators can use to determine whether waste is exempt from Subtitle C under that scheme.

A Practitioner's Guide to the Federal Insecticide, Fungicide, and Rodenticide Act: Part III

by Linda J. Fisher, Peter L. Winik, Carolyne R. Hathaway, Ann Claassen, and Jeffrey Holmstead

Editors' Summary: This is the third and final installment in ELR's series on federal pesticide law. This month's Article discusses proposed rules for storage, disposal, transportation, and recall; export and import laws; federal limits to state authority; requirements for reporting new health and safety data; regulation of pesticide residues in food under the Federal Food, Drug, and Cosmetic Act; EPA research and environmental monitoring authority; biotechnology issues; and some pending policy questions.


When Is a Transporter an Arranger Under CERCLA?

by Gerard M. Giordano

In New York v. SCA Services, Inc., the U.S. District Court for the Southern District of New York rejected the notion that a transporter cannot be an arranger under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). This Dialogue reviews the parties' arguments and the court's opinion. It then analyzes the impact this case will have on transporters.