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Hazardous Substances

Methods of Crude Oil Transport: Relative Risks and Benefits

As America’s oil and natural gas boom spreads across the country, producers are finding it difficult to get oil from the wells to market. Pipeline capacity is limited, and shipping crude by rail has raised concerns in the media. What...

Pursuing Sustainable Solid Waste Management

This Article discusses the original goals of Agenda 211 related to achieving "environmentally sound" solid waste management and reviews U.S. activities and policies with regard to solid waste over the last...

Eight Basic Rules of Superfund Allocation

Editors' Summary: Can the complex process of allocating cleanup costs at Superfund sites be distilled into a set of practical and common-sense rules? This Dialogue, written by a co-author of an Article on Superfund allocation...

Voluntary and Brownfields Remediation Programs: An Overview of the Environmental Law Institute's 1998 Research

Editors' Summary: One of the most important legal tools in the effort to remediate the nation's contaminated sites is state law that applies to such cleanups. In 1989, the Environmental Law Institute (ELI) conducted a study of this...

Adding the RCRA Mixed Sewage Exclusion to Your Compliance Arsenal

Editors' Summary: Unlike other regulatory provisions of RCRA, the mixed sewage exclusion has been largely ignored by legal and technical scholars. Industry may be overlooking a potentially attractive opportunity, however, because the...

Dodging a Bullet: Lessons From the Failed Hazardous Substance Recycling Rider to the Omnibus Appropriations Bill

Editors' Summary: It has become regular practice for federal legislators to insert into annual appropriations bills riders having little to do with the appropriations process. Last year, under the sponsorship of the Senate Majority...

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 force...

Petroleum Waste Sites Revisited: Oiling the Gears of the CERCLA/RCRA Suit

One of the more daunting tasks facing environmental practitioners over the past decade or two has been the recovery of cleanup costs and related relief at sites contaminated with petroleum substances. Parties seeking relief face...

Liability of Hazardous-Waste Brokers for Negligent Selection of Treatment and Disposal Facilities

About a decade ago, disposal facilities began infiltrating the market for transportation of hazardous waste, to guarantee that they would be shipped an adequate supply of waste. To regain the transportation business, transportation...

Rebuttal: The Mixture Rule and the Environmental Code

The U.S. Environmental Protection Agency's (EPA's) "mixture rule for hazardous waste was vacated by the U.S. Court of Appeals for the D.C. Circuit in Shell Oil Co. v. U.S. Environmental Protection Agency.1...