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Energy

The BPA Power-Salmon Crisis: A Way Out

The electricity crisis of 2001 produced more than rolling blackouts in California, skyrocketing prices throughout the West, and calls from the Bush Administration to open up the Arctic National Wildlife Refuge to oil and gas development...

Sovereign Immunity and the National Nuclear Security Administration: A King That Can Do No Wrong?

The 1999 National Nuclear Security Administration Act (NNSA Act)2 threatens to reverse 20 years of reforms and court decisions intended to bring the U.S. Department of Energy (DOE) into compliance with...

Regulation of Radiological and Chemical Carcinogens: Current Steps Toward Risk Harmonization

Editors' Summary: Until recently, the regulation of chemical carcinogens and the regulation of radiological carcinogens developed independently. Different governmental agencies operating under different statutory directives were...

Restitution Under RCRA &7002(a)(1)(B): The Courts Finally Grant What Congress Authorized

Earlier this year in KFC Western, Inc. v. Meghrig,1 the U.S. Court of Appeals for the Ninth Circuit ruled that private parties may obtain restitution of the costs of cleaning up contaminated property...

Implied Private Causes of Action and the Recoverability of Damages Under the RCRA Citizen Suit Provision

Editors' Summary: Property owners often respond to solid and hazardous waste contamination of their properties by cleaning up the contamination and then seeking reimbursement of cleanup costs from responsible parties under federal...

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...

Federal Oil Pollution Law and Regulatory Developments

Editors' Summary: Whether Congress intended it or not, the Oil Pollution Act of 1990 (OPA) has shaken the entire oil exploration and production industry to its core. Precipitated by the Exxon Valdez oil spill, the Act...

A Tale of Sound and Fury: The Environmental Record of the 102d Congress

Editors' Summary: The 102d Congress adjourned on October 9, 1992, leaving a mixed record of environmental successes and failures. The three principal environmental statutes before it — RCRA, the FWPCA, and the ESA — all failed to...

A Primer on Hazardous Materials Transportation Law of the 1990s: The Awakening

Editors' Summary: Regulation of hazardous materials (HAZMAT) transportation has developed in a piecemeal fashion over the past century. In response, Congress passed the Hazardous Materials Transportation Act in 1975 and the...

Disposing of Naturally Occurring Radioactive Material Wastes: A Legal Strategy

Editors' Summary: Naturally occurring radioactive material (NORM), which exists at very low levels throughout nature, is found in significant concentrations in over 50 common industrial wastes. EPA estimates that U.S. industry...