Natural Resource Damages Under CERCLA and OPA
Natural resource damages (NRD) under federal law is a statutory cause of action to compensate for injury to natural resources resulting from releases of hazardous substances or oil. Designated officials are authorized under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the Oil Pollution Act (OPA), among others, to act as “trustees” on behalf of the public or tribes.
Net Metering of Rooftop Solar: A Jurisdictional Challenge on the Horizon
The total electricity generated by rooftop solar has increased tenfold over the past decade, and the number of American homes with rooftop solar increases by the day. Despite the rapid rise of solar, in 2022, total solar generation, including small-scale rooftop solar and large-scale utility solar, only made up 3.4% of the American electricity grid, while fossil fuels made up the majority. This Comment argues that the U.S.
Strengthening Superfund Cleanups With Land Use Institutional Controls
The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) established the “Superfund,” which allows the U.S. Environmental Protection Agency (EPA) to clean up contaminated sites. It also forces the parties responsible for contamination to either perform cleanups or reimburse the government for the EPA-led cleanup work. The Superfund program relies on several tools to protect against lasting contamination.