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Injunctions

How “Extraordinary” Is Injunctive Relief in Environmental Litigation? A Practitioner’s Perspective

Despite recent efforts by the U.S. Supreme Court to emphasize the “drastic and extraordinary” nature of injunctive relief, many lower federal courts continue to issue injunctions in cases alleging harm to the environment as if...

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 Article, which...

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)1 in 1976, to regulate management of solid and hazardous waste. RCRA Subtitle C regulates hazardous waste management2...

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...