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Radon in Rental Housing: Legal and Policy Strategies for Reducing Health Risks

Over the past several years, considerable public and private efforts in this country have been directed at reducing the risk of cancer that human exposure to high levels of radon gas poses. These efforts appear to have succeeded in raising public awareness of radon and in increasing testing for radon. For the most part, however, these efforts have been directed toward homeowners and have not addressed the problem of radon in residential rental properties. Yet, in 1989, nearly 34 million homes—over one-third of all housing units in the country—were rental units.

The Supreme Court Restricts the Availability of Forest-Wide Judicial Review in Ohio Forestry Association v. Sierra Club

Editors' Summary: This past summer, the U.S. Supreme Court rendered its decision in Ohio Forestry Ass'n v. Sierra Club, 118 S. Ct. 1665, 28 ELR 21119 (1998). The Court held that an environmental group's challenge to a U.S. Forest Service land and resource management plan for the Wayne National Forest in Ohio was not ripe for review. This Article examines how this decision affects the rules for judicial review of national forest plans.

Turmoil Over "Takings": How H.R. 1534 Turns Local Land Use Disputes Into Federal Cases

While the Republican's Contract With America has disappeared from the political landscape, many of its ideas continue to percolate in the 105th Congress. Development interests continue to promote federal legislation to expand opportunities for "takings" claims against the government. Through such takings claims developers or private landowners seek to be compensated for not polluting or not building on protected land.

How the Tulane Environmental Law Clinic Survived the Shintech Controversy and Rule XX Revisions: Some Questions and Answers

In late 1996, the Tulane Environmental Law Clinic (the Clinic) took on representation of a community group called St. James Citizens for Jobs and the Environment in a controversial challenge to Shintech Inc.'s proposed construction of a polyvinyl chloride plant in Convent, Louisiana. After the U.S. Environmental Protection Agency (EPA) granted a petition to veto the Louisiana Department of Environmental Quality's issuance of an air permit to Shintech, Shintech changed its plans and located a downsized facility elsewhere in Louisiana.

Markets, Mechanisms, Institutions, and the Future of Water

Water scarcity is no longer a threat, it is a reality. Increasing populations throughout the country and the world are putting increased pressure on existing supplies of freshwater. Cities, states, and regions are scrambling to find solutions to this burgeoning problem. The impact of drought, which has been felt not only in the typically dry Southwest, but also in the humid Southeast this past summer, compounds the problem. So, what mechanisms evolve to help alleviate the problem?

Disposal and Remediation Options Under the PCB Mega Rule

Editors' Summary: On June 29, 1998, EPA published its PCB Mega Rule, a comprehensive revision of TSCA regulations that govern the remediation and disposal of PCB-contaminated material. The PCB Mega Rule affords the regulated community the option of remediating such material under self-implementing provisions or developing risk-based site-specific remedial measures that generally require Agency approval.

How to Handle Difficult Chemicals: The Unused Tool in EPA's Chemical Toolbox—Section 7 of the Toxic Substances Control Act

Editors' Summary: After TSCA was enacted in 1976, some commentators described it as the most powerful of all the environmental laws. Congress intended it to provide for the comprehensive and direct control of commercial chemicals' potential health or environmental effects in a true cradle-to-grave tracking system. Indeed, it was the single law addressing toxic substances that could cover all areas of environmental regulation, supplementing sections of existing toxic substances laws. In the 17 years since its enactment, however, TSCA has not fulfilled these goals or expectations.

Arrest the Incinerator Remediation, Inc. v. OHM Remediation Servs. Corp.

The court holds that the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) preempts a citizens group's private state-law nuisance action against a contractor hired by the U.S. Environmental Protection Agency (EPA) to remediate a Superfund site. The court first holds that...

Maricopa-Stanfield Irrigation & Drainage Dist. v. United States

The court holds that the federal government's reallocation of excess water to a Native American tribe did not constitute a taking of irrigation districts' water rights. A 1984 federal statute directed a permanent annual supply of water to a Native American tribe and apportioned the excess water to a...

S.W. Shattuck Chem. Co. v. Denver, City & County of

The court holds that a company satisfied the requirements for the issuance of a preliminary injunction against a city seeking to enforce two zoning ordinances that impose disposal fees for the storage of radioactive material. The court first holds that the abstention doctrine does not apply. To the ...