Professor Prosser, in his treatise on torts, states that "the law of torts . . . is concerned with the allocation of losses arising out of human activities."¹ In the hazardous waste field, the potential for loss is very serious. Tort liability falls into two general areas. The first property damage associated with release of pollutants into the environment through ground and surface water, soil, and air transport. The second, victim compensation, has become the topic of considerable debate and study.

Discussion so far today has focused on the hazardous waste treatment, storage or disposal facility, and onsite problems in siting a new facility. There has been very little consideration of transportation to and from the site, and this may become a major issue in siting a new hazardous waste disposal facility. The transportation question has at least two parts: actual and perceived risks.

Editors' Summary: This Term, the Supreme Court will decide a case construing NEPA for the first time since 1983. The Court must decide, among other issues, whether NEPA requires federal agencies to include worst case analyses in EISs. The Court will review two Ninth Circuit cases ordering agencies to perform worst case analyses even though the Council on Environmental Quality (CEQ) removed the requirement from its NEPA regulations in 1986.

Editors' Summary: The public trust doctrine has been the subject of a large and growing body of scholarly analysis. This amorphous legal doctrine, which varies from state to state, generally provides that states hold certain submerged land and tidelands in trust for their citizens. The public trust literature has thoroughly discussed the use of the doctrine in the management of coastal areas. One issue that has not been addressed in detail is the potential preemption of state public trust doctrines in federal property.

Editors' Summary: One of Congress' major goals in amending the Comprehensive Environmental Response, Compensation, and Liability Act in 1986 was to better address the health threats posed by hazardous waste sites. Congress sought to add greater firepower to the role of the Agency for Toxic Substances and Disease Registry, a part of the Public Health Service. But more than three years after the amendments' passage, ATSDR remains an agency many have never heard of. Even environmental professionals are often confused about what it does and how it works.

Editors' Summary: Agriculture has always been one of the engines that drive U.S. economics and society. The concept of sustainable agriculture is becoming a central issue in the development of U.S. agricultural policy. It involves a difficult balance among production, profitability, and conservation.

A long-standing and often heated debate within the Carter Administration over the application of the National Environmental Policy Act (NEPA)¹ to federal actions abroad culminated on January 4 in the issuance by the President of Executive Order No. 12114.² Though the Order appears somewhat loosely linked with NEPA, it does direct federal agencies involved in international activities to promulgate regulations requiring environmental evaluations of those activities consistent with the terms of the Order.

The war on litter caused by disposable packaging received a boost recently when the United States Supreme Court overturned a decision by the Minnesota Supreme Court¹ that had invalidated the state's prohibition against the sale of milk products in nonreturnable plastic containers. In Minnesota v.

The Articles & Notes section of this issue of ELR is devoted to publication of the papers and proceedings of the May 1982 Airlie House Conference, "The New Federalism in Environmental Law: Taking Stock," sponsored by the American Bar Association Standing Committee on Environmental Law. In pursuit of the Reagan Administration's goals to reduce federal spending and to shift regulatory responsibilities to the states, the Environmental Protection Agency (EPA) is redefining its relationship with state agencies in the implementation of national pollution control laws.