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Status of Joint and Several Liability Under CERCLA After Bell Petroleum

In the fall of 1993, the U.S. Court of Appeals for the Fifth Circuit, in its opinion in In re Bell Petroleum Services, Inc., articulated its standard for determining joint and several liability under the Comprehensive...

RCRA Subtitle I: The Federal Underground Storage Tank Program

Editors' Summary: Congress first addressed the problem of leaking underground storage tanks (USTs) in 1984, by enacting Subtitle I of RCRA. The UST regulatory program addresses, inter alia, corrosion protection, reporting,...

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...

The Divisibility of Harm Defense to Joint and Several Liability Under CERCLA

The Comprehensive Environmental Response, Compensation, and Liability Act1 (CERCLA) does not expressly provide for joint and several liability, but it is well-established that under CERCLA § 107(a)2...

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...

Allocating Superfund Costs: Cleaning Up the Controversy

Editors' Summary: To promote prompt cost recovery and equitable allocation of liability for remediation costs assessed under CERCLA, Congress granted liable parties the right to sue other potentially responsible parties (PRPs) for...

Lucas v. South Carolina Coastal Council: The Takings Test Turns a Corner

Editors' Summary: Lucas v. South Carolina Coastal Council evoked great interest during the U.S. Supreme Court's 1991-92 Term, attracting dozens of amicus briefs and producing speculation about whether the case would be a...

In the Wake of Lucas v. South Carolina Coastal Council: A Critical Look at Six Questions Practitioners Should Be Asking

Editors' Summary: Lucas v. South Carolina Coastal Council evoked great interest during the U.S. Supreme Court's 1991-92 Term, attracting dozens of amicus briefs and producing speculation about whether the case would be a...

Lucas v. South Carolina Coastal Council: Indirection in the Evolution of Takings Law

Editors' Summary: On the last day of its 1992 Spring Term, the U.S. Supreme Court announced its long-awaited decision on land-use regulation in Lucas v. South Carolina Coastal Council, 22 ELR 21104. In Lucas, a 5-4...

Oregon's Comprehensive Growth Management Program: An Implementation Review and Lessons for Other States

Editors' Summary: 1993 will mark the 20th anniversary of Oregon's experiment in managing growth and land use through a statewide planning program. As a pioneering effort, Oregon's program has evolved and weathered implementation...