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Is RCRA Enforceable by Citizen Suit in States With Authorized Hazardous Waste Programs?

Editors' Summary: RCRA allows EPA to authorize any state that has a qualified hazardous waste program to operate its program in lieu of the federal RCRA hazardous waste (subchapter III) program. When a state has received such authorization, questions arise as to whether the state program suspends portions of RCRA, and whether RCRA citizen suit enforcement of the state's hazardous waste regulations against regulated entities is permissible.

EPA's Delisting Program for Hazardous Wastes: Current Limitations and Future Directions

Editors' Summary: "Delisting" is the process by which the Environmental Protection Agency (EPA) excludes a particular facility's waste from otherwise applicable lists that would designate it as hazardous under the Resource Conservation and Recovery Act (RCRA). Delisting is available for wastes that do not warrant management as hazardous, due to plant-specific variations in processes, raw materials, or other factors.

Industrial Privatization and the Environment in Poland

Privatization — the transfer of state owned and managed enterprises into the hands of the private sector — is a central task for the emerging democracies of Central and Eastern Europe. This process, which requires the untangling of 45 years of state control and management, is even more difficult than was earlier imagined because of the parallel legacy of 45 or more years of environmental neglect.

Setting the Stage for the Earth Summit: Brazil 1992

Editors' Summary: From June 1 to June 12, 1992, the United Nations (U.N.) Conference on Environment and Development, commonly referred to as the Earth Summit, is scheduled to meet in Rio de Janeiro, Brazil. This conference has been hailed as a "constitutional convention" for the global environment. Conference organizers estimate that 15,000 representatives from more than 150 nations will participate. Issues on the agenda include such high-profile topics as climate change, forest conservation, and biodiversity.

Oregon's Comprehensive Growth Management Program: An Implementation Review and Lessons for Other States

Editors' Summary: 1993 will mark the 20th anniversary of Oregon's experiment in managing growth and land use through a statewide planning program. As a pioneering effort, Oregon's program has evolved and weathered implementation battles in court, as well as repeal initiatives at the ballot box. Yet, the original proponents of Oregon's program knew that wresting control over local land use decisions from local governments in order to achieve statewide growth management policies would not be easy.

EPA's Civil Penalty Policies: Making the Penalty Fit the Violation

Editors' Summary: EPA has set numerous records in recent years in assessing civil penalties against violators of environmental laws. This Comment explains how EPA uses guidance documents called civil penalty policies to calculate civil penalties. The various federal environmental statutes leave EPA with considerable discretion in setting a civil penalty amount. The author describes this statutory framework and then discusses the role of EPA's civil penalty policies in administrative and judicial enforcement actions.

Regulatory Negotiations: A Practical Perspective

You have just received a telephone call from an U.S. Environmental Protection Agency (EPA) official asking whether your company or trade association is interested in participating in a regulatory negotiation to develop a new or amended regulation that the Agency will issue under an environmental statute. Or your client asks your advice on whether to participate. What will you say? It is increasingly likely that you may receive such a call.

The Transboundary Movement of Hazardous Waste: Implementation and Enforcement of Control Regimes in the European Community

Editors' Summary: The European Community (EC or the Community), in building its supranational political structure in preparation for full economic integration, increasingly regulates the conduct of individuals and corporations and obligates member nations to implement its regulatory decisions. This regulation is most evident in the environmental arena, and perhaps most significant to those doing business in Europe.