Editors' Summary: The recently completed 105th Congress provided the nation with a legacy of unparalleled legislative inactivity. Few, if any, of the legislative initiatives earmarked as priorities passed as bitter partisan debate ruled on Capitol Hill. This Comment analyzes how such partisanship and subsequent congressional lethargy created the environmental successes, controversies, and failures of the 105th Congress.

Although the 104th Congress did not begin officially until January 4, 1995, its significance was apparent as soon as the polls closed on November 8, 1994. When the votes were tallied, Republicans had acquired majorities in both the Senate and the House for the first time in 40 years. And they were quick to proclaim the beginning of a revolution in congressional lawmaking.

Editors' Summary: It has become regular practice for federal legislators to insert into annual appropriations bills riders having little to do with the appropriations process. Last year, under the sponsorship of the Senate Majority and Minority Leaders, a bill that would have exempted recyclers from CERCLA "arranger" and "transporter" liability was almost enacted as a rider to the omnibus appropriations bill for fiscal year 1999. This Dialogue examines that rider and the changes it would have wrought to CERCLA.

Editors' Summary: One of the most important legal tools in the effort to remediate the nation's contaminated sites is state law that applies to such cleanups. In 1989, the Environmental Law Institute (ELI) conducted a study of this law, and last year, it completed its most recent update of that study. In this Article, two ELI Senior Attorneys discuss the results of that update as it concerns two key aspects of site remediation—voluntary and brownfield cleanup programs.

In the past few years, owners of contaminated land, seeking to supplement possible causes of action under the Comprehensive Environmental, Response, Compensation, and Liability Act (CERCLA) and under state common law and state statutes, increasingly have looked to §7002(a)(1)(B) of the Resource Conservation and Recovery Act (RCRA) to shift responsibility for remediation costs to former owners or operators.

The Resource Conservation and Recovery Act (RCRA), the Clean Water Act (CWA), and the Clean Air Act (CAA) represent federal regulatory regimes for protecting the environment. Although each statute initially places administrative responsibility in the hands of the U.S. Environmental Protection Agency (EPA), each encourages states, to varying degrees, to take primary responsibility for implementing the statutory regime.

In Environmental Federalism Part 1: The History of Overfiling Under RCRA, the CWA, and the CAA Prior to Harmon, Smithfield, and CLEAN, the history of judicial and administrative decisions relating to overfiling under the Resource Conservation and Recovery Act (RCRA), the Clean Water Act (CWA), and the Clean Air Act (CAA) was analyzed. The history showed that the U.S. Environmental Protection Agency (EPA), with limited exceptions, generally was understood to have overfiling authority under RCRA, the CWA, and the CAA. The limited exceptions focused on two situations.

On January 11, 2002, President George W. Bush signed the Small Business Liability Relief and Brownfields Revitalization Act (Act), which includes numerous amendments to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The new legislation is designed to relieve small businesses from the financial burden of CERCLA liability, promote brownfields redevelopment, define transactional due diligence standards, and encourage state primacy in enforcement matters. The Act to some degree codifies U.S.