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Waste

Is RCRA Enforceable by Citizen Suit in States With Authorized Hazardous Waste Programs?

Editors' Summary: RCRA allows EPA to authorize any state that has a qualified hazardous waste program to operate its program in lieu of the federal RCRA hazardous waste (subchapter III) program. When a state has received such...

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...

The Alcan Decisions: Causation Through the Back Door

Editors' Summary: When Congress passed CERCLA, it chose to omit specific reference to joint and several liability in the statute, intending courts to determine the scope of liability on a case-by-case basis. Since then, courts have...

Federal Oil Pollution Law and Regulatory Developments

Editors' Summary: Whether Congress intended it or not, the Oil Pollution Act of 1990 (OPA) has shaken the entire oil exploration and production industry to its core. Precipitated by the Exxon Valdez oil spill, the Act...

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...

The EPA Lender Liability Regulations: EPA's Questionable Authority to Promulgate the Regulations as Part of the National Contingency Plan

The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA or Superfund)1 has been construed to impose strict, joint and several, and retroactive liability on owners and operators...

Institutional Controls at Superfund Sites

Institutional controls (ICs) are restrictions on the use of land. In the context of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund),1 they are used to reduce the...

Burning Mad: The Controversy Over Treatment of Hazardous Waste in Incinerators, Boilers, and Industrial Furnaces

Editors' Summary: This Article examines the burning of hazardous waste in incinerators, boilers, and industrial furnaces, as regulated by RCRA. After providing a background on the controversy and competing claims about the thermal...

Sliding Scale or Slippery Slope: The New ASTM's Standard Practices for Environmental Site Assessments

The twentieth-century equivalent of the Holy Grail — at least in U.S. environmental law — is the status of "innocent landowner" under the Comprehensive Environmental Response, Compensation, and Liability Act1 (...

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...