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Regulation of Radiological and Chemical Carcinogens: Current Steps Toward Risk Harmonization

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.

Bouchard Transp. Co. v. Updegraff

The court holds that a district court erred in ruling that Florida is entitled to Eleventh Amendment immunity in a limitation of liability proceeding, but it correctly dismissed the Oil Pollution Act of 1990 (OPA) and Florida Pollution Discharge Prevention Act claims brought against the owners of th...

El Paso Natural Gas Co. v. Neztsosie

The court holds that the Price-Anderson Act does not expressly prohibit the Navajo tribal court from determining its jurisdiction over tribal members' personal injury and wrongful death claims arising from uranium mining activities on the Navajo Nation Reservation. The court first holds that defenda...

Grand Council of the Crees v. Federal Energy Regulatory Comm'n

The court holds that a Native American council and an environmental group lack standing under the Federal Power Act (FPA) and the National Environmental Policy Act (NEPA) to challenge a Federal Energy Regulatory Commission (FERC) order authorizing a Canadian power generator to sell power in the Unit...

Implied Private Causes of Action and the Recoverability of Damages Under the RCRA Citizen Suit Provision

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.

Critical Mass Energy Project v. NRC

The court rules that Exemption 4 of the Freedom of Information Act shields from public disclosure comprehensive reports, prepared and provided to the U.S. Nuclear Regulatory Commission by a nonprofit consortium of the nuclear utility industry, concerning the safety and reliability of operations at n...

Cook v. Rockwell Int'l Corp.

A district court denies property owners' motions to sanction the U.S. Department of Energy (DOE) for violating discovery orders in the owners' toxic-tort suit against DOE contractors that operate the Rocky Flats nuclear weapons production facility. The court also denies, for the most part, the contr...

Combined Properties/Greenbriar Ltd. Partnership v. Morrow

The court holds that the U.S. Supreme Court's decision in Eastern Enterprises v. Apfel, 118 S. Ct. 2131 (1998), does not undercut the constitutionality of retroactive liability under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). In Eastern Enterprises, the Supre...

Entergy Arkansas, Inc. v. Nebraska

The court holds that an interstate radioactive waste commission can sue a member state for violating the good-faith provisions of a radioactive waste compact. The court first holds that the Eleventh Amendment does not bar the commission's suit against the state. Congress has the plenary power to att...

Restitution Under RCRA §7002(a)(1)(B): The Courts Finally Grant What Congress Authorized

Earlier this year in KFC Western, Inc. v. Meghrig, the U.S. Court of Appeals for the Ninth Circuit ruled that private parties may obtain restitution of the costs of cleaning up contaminated property under §7002(a)(1)(B) of the Resource Conservation and Recovery Act (RCRA). The Ninth Circuit's ruling in KFC Western opened the way for private parties to use the RCRA citizen suit provision to recover their costs of investigating, studying, and cleaning up contaminated property from responsible parties.