Editors' Summary: Both plaintiffs and defendants in environmental enforcement litigation are discovering the benefits of creative remedies as part of a negotiated settlement, as alternatives to such traditional "remedies" as fines and forfeitures. The establishment of an environmental trust fund or the funding of a research project in lieu of civil or criminal penalties is often favored by plaintiffs, particularly citizens' groups, as a remedy that more directly compensates an environmental wrong.

Editors' Summary: The theory that a land use regulation may "go too far" and deny to the landowner the use of his or her property in derogation of the Takings Clause of the Constitution has long been an inexact, even confused, doctrine. In the term just ended, the Supreme Court was presented with three cases in which a land use regulation was alleged to have exceeded the police power and "gone too far," but in deciding the individual cases the Court did not successfully clarify the underlying theory.

Editors' Summary: New Jersey's Environmental Cleanup Responsibility Act (ECRA) is probably the leading state effort to address hazardous waste cleanup without direct expenditure of government funds. ECRA attempts to harness the business incentives involved in the sale or transfer of real property to clean the property as it changes hands. This Dialogue outlines ECRA's provisions and analyzes its implementation by the New Jersey Department of Environmental Protection.

Editors' Summary: One of the most serious tasks Americans face in the near future is electing a President to lead the nation into the 1990s. Environmental law and policy are heavily influenced by the decisions made by elected officials and their senior appointees, and environmental issues should command close attention as voters and opinion leaders approach the 1988 election.

Hazardous waste cases litigated under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) invariably involve large numbers of potentially responsible parties (PRPs). It is not uncommon for a single site to involve hundreds of parties, including the owners and operators of the site, transporters that utilized the site for disposal, and original generators of the waste.

Editors' Summary: When Congress enacted the Superfund statute in 1980, it authorized the federal and state governments to recover for natural resource damages caused by hazardous substances. The potential of this legal doctrine went virtually unrecognized for several years, in part because of the ambiguity of what was included in the new cause of action, and in part because of executive branch delay in implementing the laws' mandates on natural resource damages.

Editors' Summary: Practice before administrative agencies, especially EPA, has always been an important part of an environmental lawyer's job. Administrative practice is becoming increasingly important. Several statutes have recently been amended to provide for the administrative assessment of civil penalties by EPA. The first step after EPA proposes to assess a civil penalty is generally a hearing before an EPA administrative law judge (ALJ).

Editors' Summary: Criminal enforcement of hazardous waste laws is occurring with greater frequency, more serious penalties, and more corporate defendants. At the same time, states are taking widely varying approaches to their criminal hazardous waste programs, leading to substantial diversity from state to state even within a particular region of the country.

Editors' Summary: Since the early 1970s, environmental issues in this country have changed significantly. Moreover, the passage of time has resulted in the institutionalization of the once-new ideas. New environmental agencies now oversee substantial proportions of the federal budget. Environmental impact assessment, once seen in some quarters as a procedural impediment, is now a respected method of analyzing developmental impacts and has been imported by otherr countries for their own use.

Editors' Summary: One of the most serious tasks Americans face in the near future is electing a president to lead the nation into the 1990s. Environmental law and policy are heavily influenced by the decisions made by elected officials and their senior appointees, and environmental issues should command close attention as voters and opinion leaders approach the 1988 election.