The court affirms in part and reverses in part a mining union's claim that the state of Utah breached a trust created for the establishment of a hospital for disabled miners by using the trust to construct a rehabilitation center for the general public. The court first holds that the Utah Enabling A...
The court holds that a gambling machine, known as the Lucky Tab II, used on Native American lands should be classified under the Indian Gaming Regulatory Act (IGRA) as a Class II aid, the use of which does not require a Native American tribe to first obtain state approval in a tribal-state compact. ...
The court holds that an insurance company is liable for neither indemnification nor defense costs incurred by a housing authority in a suit brought by a mother whose child suffered injuries from lead paint on the walls of the authority's housing complex. The court holds that the pollution exclusion ...
Congress enacted the Resource Conservation and Recovery Act (RCRA) in 1976, to regulate management of solid and hazardous waste. RCRA Subtitle C regulates hazardous waste management and Subtitle D governs nonhazardous, solid waste. In 1984, Congress passed the Hazardous and Solid Waste Amendments (HSWA), significantly amending and expanding RCRA Subtitle C. HSWA added to RCRA the Land Disposal Restriction (LDR) Program, or land ban, which bars land disposal of hazardous wastes that fail to meet U.S. Environmental Protection Agency (EPA or the Agency)-promulgated treatment standards.
Editors' Summary: Congress first addressed the problem of leaking underground storage tanks (USTs) in 1984, by enacting Subtitle I of RCRA. The UST regulatory program addresses, inter alia, corrosion protection, reporting, corrective action, and financial responsibility. In this Article, the author provides an overview of the federal UST program. The author outlines the program's significant elements and explores specific regulations in the context of the technical problems they are intended to address, giving particular attention to how, to what, and to whom the regulations apply.
Water policy in the United States has been significantly influenced in recent years by a number of high-profile environmental and water use conflicts, including disputes relating to California's Bay Delta, Florida's Everglades, the management of the Colorado River system, the Columbia/Snake system, and the Klamath and Trinity River Basins. For a variety of legal, institutional, and financial reasons, the federal government has played a major role in all of these matters, typically in partnership with state and local stakeholders.
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
In a suit raising constitutional challenges to the siting of a regional low-level radioactive waste disposal facility, the court holds that freedom from environmental releases of nonnatural radiation is not a fundamental, unenumerated right protected by the Ninth Amendment, and differences in the fe...
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...
The court holds that a landfill operator is entitled to a preliminary injunction prohibiting enforcement of a county ordinance that regulates the transport of out-of-county waste into the county, and the operator may proceed on procedural and substantive due process claims against the county. The co...