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Waste

Prospective Purchaser Agreements

Congress initially intended the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund)1 to provide a statutory framework for addressing what Congress believed to be a...

EPA's Mixture Rule: Why the Fuss?

For over a decade, the U.S. Environmental Protection Agency's (EPA's) "mixture rule" clarified the status under the Resource Conservation and Recovery Act1 (RCRA) of mixtures containing listed hazardous waste...

The Scope of the Bevill Exclusion for Mining Wastes

Editors' Summary: In 1980, Congress adopted the Bevill Amendment, which amends RCRA to exempt temporarily from Subtitle C regulation solid waste from ore and mineral extraction, beneficiation, and processing. The Amendment directed...

When Is a Transporter an Arranger Under CERCLA?

In New York v. SCA Services, Inc.,1 the U.S. District Court for the Southern District of New York rejected the notion that a transporter cannot be an arranger under the Comprehensive Environmental...

Sackcloth and Ash: City of Chicago v. Environmental Defense Fund

On May 2, 1994, the U.S. Supreme Court joined -- but certainly did not end -- a debate about the disposal of ash produced from burning municipal solid waste in waste-to-energy (WTE) incinerators. In City of Chicago v. Environmental...

Trustee Liability Under CERCLA

Trustees face possible liability under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)1 because, as holders of legal title to property, they may be "owners" or "operators"...

EPA Cancels Invitations to Its Own Program: The Agency's New Hazardous Waste Combustion Strategy

On May 18, 1993, Carol M. Browner, Administrator of the U.S. Environmental Protection Agency (EPA), announced a new federal hazardous waste policy.1 Noting that incinerators and industrial furnaces, i.e.,...

Risk and the New Rules of Decisionmaking: The Need for a Single Risk Target

New rules are emerging to change the way the government makes decisions about cleanup of hazardous waste sites under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund).1...

The Summitville Story: A Superfund Site Is Born

Editors' Summary: When Congress enacted CERCLA in 1980, it put potential site owners and operators on notice that contaminating sites with hazardous substances can have severe consequences. Four years later, however, at least one...

Lender Liability Under CERCLA: Uncertain Times for Lenders

On February 4, 1994, the U.S. Court of Appeals for the D.C. Circuit vacated the U.S. Environmental Protection Agency's (EPA's) April 1992 lender liability rule, which delineated the scope of the Comprehensive Environmental Response,...