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Environmental Protection Agency

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...

The EPA Lender Liability Regulations: EPA's Questionable Authority to Promulgate the Regulations as Part of the National Contingency Plan

The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA or Superfund)1 has been construed to impose strict, joint and several, and retroactive liability on owners and operators...

Federal Wetlands Law: Part II

Editors' Summary: In this second of a three-part series on federal wetlands law, the author continues her comprehensive review of the current state of federal wetlands laws and regulations. The author first analyzes individual...

Federal Wetlands Law: Part I

Editors' Summary: No single federal law comprehensively addresses wetlands protection. Rather, federal laws and regulations addressing activities and interests in wetlands have evolved with water law in general, and with other laws,...

EPA's Narrow Definition of Economic Benefit Vastly Increases Its Economic Benefit Estimate

The policy that a violator should not gain financially from noncompliance with environmental regulations appeals to regulators, the regulated community, and the public. From the government's point of view, the concept provides a basis...

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...

Regulation of Hazardous Air Pollutants Under the New Clean Air Act: Technology-Based Standards at Last

Editors' Summary: When Congress amended the Clean Air Act in 1990, it instituted a new approach to the regulation of hazardous air pollutants (HAPs). Although EPA had great discretion in adopting HAP emission standards prior to 1990...

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...

EPA Issues Long-Awaited Lender Liability Rule

On April 29, 1992, the U.S. Environmental Protection Agency (EPA) issued a final rule1 that attempts to define the parameters of the security interest exemption set forth in the Comprehensive Environmental...