The Reauthorization of Superfund: The Public Works Alternative

February 1995
Citation:
25
ELR 10078
Issue
2
Author
Rena I. Steinzor

The demise of efforts by a broadly based coalition of stakeholders to reauthorize Superfund in the 103rd Congress leaves the legislative field open for reconsidering all the key assumptions underlying the "consensus" bill that dominated last year's debate. Unless the coalition remains unified, and the Administration supports it aggressively, the substance will begin to unravel, the process will become chaotic, and Congress could easily miss the December 1995 deadline to reauthorize the statute.

It is clearly the fond hope of some that from the ashes of this dissension, a phoenix will rise, taking the form of a repeal of retroactive liability in exchange for an expansion of the federal trust fund. Although the so-called public works alternative was rejected by key committees during the 1993-1994 reauthorization debate, the Republican-led Congress is sufficiently volatile, the Administration sufficiently weak, and opposition to the consensus legislation sufficiently mobilized that its resurrection is a distinct possibility. Because the public works alternative has never achieved enough political momentum to be seen as a real alternative to more moderate reforms, few have analyzed its implications critically. As the reauthorization debate continues, such an analysis is long overdue.

Rena I. Steinzor is an Associate Professor and Director of the Environmental Law Clinic at the University of Maryland Law School. She served as senior staff member for the municipal representative on the National Commission on Superfund, Susan M. Thornton, Mayor of Littleton, Colorado. During the last reauthorization of Superfund (1983-1986), she was counsel to the U.S. House of Representatives' subcommittee with primary jurisdiction over Superfund. She gratefully acknowledges the assistance of Richard J. Facciolo, Ann M. Lembo, John R. Woolums, and Matthew S. Gilman in researching this Dialogue.

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The Reauthorization of Superfund: The Public Works Alternative

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