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Waste

Lessons From Ten Years of Household Recycling in the United States

Recycling is perhaps the most prevalent pro-environmental activity at the household level. And while most states have some sort of statewide recycling laws, new recycling initiatives have not been prominent. Has recycling behavior...

CERCLA Regulatory Challenges and Changes—What to Expect in 2018

The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), commonly known as Superfund, requires responsible parties to clean up and remediate contaminated sites. Many states have similar local requirements. In...

Caring for the Orphans: Approaches for Mitigating Fugitive Methane Emissions From Orphaned Oil and Gas Wells

Recent scientific research indicates fugitive methane emissions from abandoned oil and gas wells may contribute more to climate change than methane leakage from oil and gas production. Yet current orphaned well regulations fail to...

National and Multinational Strategies for Radioactive Waste Disposal

Today, nuclear technology is used in a variety of applications, including energy, medicine, research, and agriculture. These applications produce waste that is radioactive and, therefore, harmful to humans for a certain period of time....

Brownfields to Green: A Proposal for Redevelopment of Brownfields Property for Natural Resource Value

There are many sites in the United States that are blighted or undeveloped because of actual or perceived environmental contamination. Often, these sites are “orphans,” without existing owners having the wherewithal to undertake...

Avoiding the Contribution “Catch-22”: CERCLA Administrative Orders for Cleanup Are Civil Actions

Under CERCLA, nonsettling parties and EPA take the position that the statute of limitations for a right of contribution can be triggered whenever the agency and a potentially responsible party sign an administrative order on consent (...

EPA’s Coal Ash Rule: Implications for Regulated Entities, Results for the Environment

The disposal of coal ash, a combustion byproduct from coal-fired power plants, came to national attention when, on December 22, 2008, the Tennessee Valley Authority Kingston power plant suffered one of the largest coal ash spills in...

Fertilizer or Solid Waste: How Far Does RCRA Spread?

On January 14, 2015, the Eastern District of Washington held that Cow Palace Dairy, LLC, is liable under RCRA for storing, applying, and managing manure in a way that poses a substantial and imminent endangerment to public health in...

A Tale of Two Rivers: An Analysis of Different Approaches to Proving Intent for CERCLA Arranger Liability

Courts have grappled with the scope of CERCLA arranger liability ever since the U.S. Supreme Court’s 2009 decision in Burlington Northern & Santa Fe Railway Co. v. United States. Two opposite decisions on nearly identical...

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