When the 103d Congress convened on January 5, 1993, many observers believed that it would make up for the dismal environmental record of its predecessor. The 102d Congress had tried and failed to reauthorize the Federal Water Pollution Control Act (FWPCA), the Endangered Species Act (ESA), and the Resource Conservation and Recovery Act (RCRA). Its attempt to elevate the U.S. Environmental Protection Agency (EPA) to a cabinet-level department had been blocked in the House of Representatives, and its attempt to reform the General Mining Law of 1872 had been blocked in both houses.

Environmental regulation of pollution in the United States is often maligned as costly and ineffective. Pollution continues to plague and degrade the natural resources in the United States, and U.S. waters in particular. Nonpoint source pollution is currently the most significant source of water pollution, but it is also the most unregulated. While other discharges into U.S. waters have been dramatically reduced since the Federal Water Pollution Control Act (FWPCA) was enacted, nonpoint source pollution—caused most by runoff from agricultural operations—has increased.

Editors' Summary: Until recently, the regulation of chemical carcinogens and the regulation of radiological carcinogens developed independently. Different governmental agencies operating under different statutory directives were responsible for addressing the dangers from these carcinogens. As a result, different policies and practices were developed. This Article explores these differences and the record on resolving them. It first examines the history of federal regulation of chemical and radiological carcinogens and summarizes EPA's approach to risk assessments for them.

Editors' Summary: The U.S. Supreme Court ruled on three takings cases in its 2004 term: Lingle v. Chevron U.S.A., Inc.; Kelo v. City of New London; and San Remo Hotel, Ltd. Partnership v. City & County of San Francisco. In Lingle, the Court struck down the "substantially advance" test set forth in Agins v. City of Tiburon. Kelo, which gained attention from the media and public, upheld the use of eminent domain for economic development purposes. And San Remo involved a relatively straightforward procedural issue.

Editors' Summary: Property owners often respond to solid and hazardous waste contamination of their properties by cleaning up the contamination and then seeking reimbursement of cleanup costs from responsible parties under federal and state hazardous waste laws. RCRA is one such law; however, RCRA §7002 does not explicitly provide for recovery of damages. A court faced with a RCRA §7002 citizen suit to recover cleanup costs must imply a private cause of action for damages. This Article addresses the availability of a private cause of action for damages under RCRA §7002.

Keynote Presentation: Making the Partnership Work

Panel Discussion: Regulation of Nuclear Materials

Regulation of Air Quality

Regulation of Water Quality: Is EPA Meeting Its Oblilgations or Can the States Better Meet Water Quality Challenges?

Regulating Solid and Hazardous Wastes