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Waste

"Unringing the Bell": Overturning EPA Placement of a Site on the National Priorities List

Even if it is wrong, the U.S. Environmental Protection Agency's (EPA's) listing of a site on the national priorities list (NPL) can destroy its value, making it nearly unmarketable, and saddle present, past, and future owners and...

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...

When Is "Leaching" Not "Leaking"? CERCLA Liability of Owners and Operators at the Time of Disposal

[T]he legislative history of CERCLA gives more insight into the "Alice-in-Wonderland"-like nature of the evolution of this particular statute than it does helpful hints on the intent of the legislature.

The statement quoted above...

The Superfund Reform Act of 1994: Success or Failure Is Within EPA's Sole Discretion

Editors' Summary: The Clinton Administration's proposed Superfund amendments -- the Superfund Reform Act of 1994 (SRA) -- were introduced in both the House and Senate in early February. Steven M. Jawetz of Beveridge & Diamond,...

RCRA Imminent Hazard Authority: A Powerful Tool for Businesses, Governments, and Citizen Enforcers

Years ago, environmental law was considered a specialized branch of administrative law. Environmental law-suits generally involved either enforcement (government regulators or environmentalists suing businesses) or regulatory appeals (...

Negotiating EPA Consent Orders and Consent Decrees: Steering Your Client Through the Shoals

Under the Superfund program,1 the U.S. Environmental Protection Agency (EPA or the Agency) faces a dilemma. The Agency wants potentially responsible parties (PRPs) to perform voluntary response actions pursuant...

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...

Classification of CERCLA Response Actions as Removal or Remedial

Editors' Summary: CERCLA divides response actions into two categories: removal actions and remedial actions. The need for clarity in the classification of CERCLA response actions as removal or remedial actions is crucial for private...

Tribes as States: Indian Tribal Authority to Regulate and Enforce Federal Environmental Laws and Regulations

Editors' Summary: The principles of federalism, state primacy, and tribal sovereignty all impact how federal environmental regulations are implemented and enforced on Indian lands. In recent years, Congress increasingly has crafted...