On May 4, 2009, the U.S. Supreme Court handed down its decision in Burlington Northern & Santa Fe Railway Co. v. United States. The decision is of major significance with respect to two areas of Superfund jurisprudence--"arranger" liability, and divisibility or apportionment of harm. This Article is concerned only with the latter issue and, moreover, only with one specific element of that issue.
This past May, the U.S. Supreme Court for the first time addressed two issues that the U.S. Congress left open in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA). These issues are: (1) the scope of "generator" or "arranger" liability under the language of CERCLA §107(a)(3); and (2) the circumstances under which a liable party under §1073 may be held jointly and severally liable. Rejecting the position of the U.S.
Editors' Summary: State governments are contracting with private contingency fee attorneys to pursue natural resource damage (NRD) claims as the government's "special counsel." This arrangement is hailed for funding the government's ability to bring NRD claims where such claims had previously stagnated. Others, however, charge that the lucrative special counsel contract is awarded to the Attorney General's political cronies, and that the arrangement illegally diverts millions of dollars away from its earmarked purpose of natural resource restoration to instead pay an attorney fee.
Editors' Summary: Under CERCLA's natural resource damage provision, trustees may recover money damages from polluters. While the money is to be used to restore the damaged resources, trustees have flexible spending guidelines which have led to diverting funds to areas unaffected by the immediate release or overspending on administrative costs. This author queries whether the implementation of the provision could be more effective by restricting trustee spending, creating a Superfund-type trust fund, or increasing the public and judicial scrutiny of trustees.
Editors' Summary: Determining the value of a parcel of real estate that has been contaminated is a challenge addressed by various disciplines. In this Article, Ronald Throupe, John A. Kilpatrick, Bill Mundy, and Will Spiess focus on the appraisal model of valuation and address the three primary approaches to property appraisal: market, cost, and income capitalization. They provide background to the valuation of contaminated property, covering theory and methodology used by appraisers.
Editors' Summary
Editors' Summary: An institutionalized planning process for biodiversity conservation can help fill in gaps left by legal tools that are inadequately designed or rarely implemented. In this Article, authors Robert McKinstry Jr., James McElfish, and Michael Jacobson explain the role that effective planning can play in the conservation of biodiversity. They discuss different types of planning, such as land use planning and planning to protect specific areas valuable to biodiversity, and reveal the mechanisms that can be used to implement these plans.
Editors' Summary: Determining the value of a parcel of real estate that has been contaminated is a challenge addressed by various disciplines. In this Article, Ronald Throupe, John A. Kilpatrick, Bill Mundy, and Will Spiess focus on the appraisal model of valuation and address the three primary approaches to property appraisal: market, cost, and income capitalization. They provide background to the valuation of contaminated property, covering theory and methodology used by appraisers.
Editors' Summary: The devastation wrought by Hurricane Katrina brought to public attention the role of land use planning in mitigating natural disasters and which level or levels of government should decide whether and how to undertake this planning. In the Upper Mississippi River Basin, 6 federal agencies, 23 state agencies in 5 states, and 233 local governments share jurisdiction over various areas of activity on the river; the complexity and disorganization of this legal framework stifles effective action. In this Article, John R.
Editor's Summary: Hurricane Hugo damaged approximately 80% of the 3, historic buildings located in Charleston, South Carolina. The terrorist attacks of September 11, 2001, caused considerable damage to landmark property in New York City. And no one can deny that New Orleans, one of America's oldest and most distinctive cities, suffered staggering damage after Hurricane Katrina.