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Civil Procedure

Standing and Mootness After Laidlaw

Friends of the Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc. may prove to be the most important environmental decision since Chevron, U.S.A., Inc. v. Natural Resources Defense Council. Laidlaw's...

Revving the Engines in Neutral: City of Monterey v. Del Monte Dunes at Monterey, Ltd.

Editors' Summary: The U.S. Supreme Court's recent decision in City of Monterey v. Del Monte Dunes at Monterey, Ltd., and its implications for takings challenges, are comprehensively discussed in this Article. The author...

Separating the Scientist's Wheat From the Charlatan's Chaff: Daubert's Role in Toxic Tort Litigation

Editors' Summary: In the wake of Daubert v. Merrell Dow Pharmaceuticals, Inc., it has become increasingly important for the judicial system to discern the reliability of scientific evidence offered by experts in toxic tort cases. In...

Implications of Proposed CERCLA Reforms for Recoveries of Natural Resource Damages

Debate over reforms to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) consumed substantial energy during the 1997 session of Congress, and those deliberations will continue in 1998 with the hope of...

American Telephone & Telegraph Co. v. Compagnie Bruxelles Lambert: A New Line of Defense for Parent Corporations

Editors' Summary: With their often substantial assets, parent corporations make attractive targets for parties seeking to remedy environmental harm. However, by challenging a court's jurisdiction over the parent, the parent may...

Reforming CERCLA's Natural Resource Damage Provisions: A Challenge to the 105th Congress From the Clinton Administration

The Comprehensive Emergency Response, Compensation, and Liability Act (CERCLA) authorizes designated trustees to recover damages for injury to natural resources caused by a hazardous substance release. Under its delegated authority, the...

Recent Developments in Federal Wetlands Law: Part II

Editors' Summary: This Article is the second in a series intended to supplement Federal Wetlands Law, a primer that ELR published in 1993 and subsequently incorporated into the Wetlands Deskbook. The...

Chemical Waste Management, Inc. v. U.S. Environmental Protection Agency: When Does a Waste Escape RCRA Subtitle C Regulation?

Congress enacted the Resource Conservation and Recovery Act (RCRA) in 1976, to regulate management of solid and hazardous waste. RCRA Subtitle C regulates hazardous waste management and Subtitle D governs nonhazardous, solid waste. In...

Mixed Waste: A Way to Solve the Quandary

Editors' Summary: Currently, mixed radioactive/hazardous waste is regulated by both the NRC and DOE under the Atomic Energy Act (AEA) and by EPA under RCRA. Despite the agencies' numerous and elaborate attempts to minimize and avoid...

Can States Enforce RCRA at Superfund Sites? The Rocky Mountain Arsenal Decision

Does the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)1 suspend the states' authority to enforce environmental laws at sites selected by the federal government for remedial...