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Environmental Law and Policy/Governance

Taxing the Environment

Editors' Summary: The tax treatment of a company's environmental remediation costs is crucial to its determination of what the total cost of a remedial action actually is. Whether costs are deductible expenses that the company can...

Environmental Policy Battles in the Congressional Budget Process: The 104th Congress' Back-Door Assault

It is no secret that on coming to Washington in January 1995, the 104th Congress launched an assault on the nation's landmark environmental laws. In all, the 104th Congress considered over 60 legislative proposals that were intended to...

Global Warming, Climate-Change Mitigation, and the Birth of a Regulatory Regime

In the July 1996 issue of News and Analysis, Richard Blaustein discussed the concept of joint implementation, a potentially important provision of the United Nations Framework Convention on Climate Change (FCCC).1...

A Funny Thing Happened on the Way to the Revolution: The Environmental Record of the 104th Congress

Although the 104th Congress did not begin officially until January 4, 1995, its significance was apparent as soon as the polls closed on November 8, 1994. When the votes were tallied, Republicans had acquired majorities in both the...

Advice for Owners of Contaminated Land After Meghrig v. KFC Western, Inc.

In the past few years, owners of contaminated land, seeking to supplement possible causes of action under the Comprehensive Environmental, Response, Compensation, and Liability Act (CERCLA) and under state common law and state statutes...

Regulatory Reinvention and Project XL: Does the Emperor Have Any Clothes?

 

Project XL is built on the simple premise that in many cases companies know their business a whole lot better than the government does; that they understand how best to reduce their own pollution; that we will all benefit...

Radon in Rental Housing: Legal and Policy Strategies for Reducing Health Risks

Over the past several years, considerable public and private efforts in this country have been directed at reducing the risk of cancer that human exposure to high levels of radon gas poses. These efforts appear to have succeeded in...

A New Standard of Performance: An Analysis of the Clean Air Act's Acid Rain Program

Editors' Summary: Title IV of the Clean Air Act Amendments of 1990 contains an innovative performance-standard approach to pollution abatement. The Acid Rain Program that Title IV established imposes a national cap on utilities'...

Joint-Implementation Essentials for Lawyers

Joint implementation provides U.S. companies an opportunity to contribute to an officially sanctioned effort to reduce greenhouse-gas1 emissions, the anthropogenic cause of global warming. Joint implementation...

Supplemental Environmental Projects: A New Approach for EPA Enforcement

Editors' Summary: Supplemental Environmental Projects (SEPs) are environmentally beneficial projects that regulated parties perform in exchange for penalty reductions when settling claims for alleged violations. This Article...