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Waste

Why Municipalities Should Not Receive Special Treatment Under Superfund

Are municipalities justified in calling for special relief from the broad scheme of Superfund liability? This Dialogue asserts that such special treatment both overlooks the nature of municipal solid waste (MSW) and distorts the...

The Pollution Prevention Act of 1990: Emergence of a New Environmental Policy

Editors' Summary: EPA's toxics release inventory (TRI), compiled under § 313 of the Emergency Planning and Community Right-to-Know Act (EPCRA), is the most comprehensive national database on toxic chemical emissions. TRI data have...

Preenforcement, Preimplementation, and Postcompletion Preclusion of Judicial Review Under CERCLA

Editors' Summary: CERCLA § 113(h) sets forth limits on the timing for review in federal courts of EPA hazardous waste removal and remedial actions. To prevent delays in cleaning up hazardous waste sites, EPA and the courts have...

The Responsible Corporate Officer Doctrine in RCRA Criminal Enforcement: What You Don't Know Can Hurt You

Editors' Summary: EPA and the Department of Justice are aggressively enforcing the criminal provisions of federal environmental laws. Companies and their officers are subject to large fines and jail terms if convicted. Corporate...

Should Taxpayers Pay the Cost of Superfund?

Throughout the history of the Superfurnd program,1 potentially responsible parties (PRPs) have searched for ways to distribute the costs of cleanup as broadly as possible. PRPs look high and low for deep...

CERCLA Does Not Invalidate Contractual Allocations of Liability

Editors' Summary: CERCLA § 107(e) recognizes that private parties may agree to limit or to insure against their CERCLA liability by using common law contract tools, including indemnification and hold harmless agreements. But what...

Federal Versus State Environmental Protection Standards: Can a National Policy Be Implemented Locally? (TOC)

Keynote Presentation: Making the Partnership Work

Panel Discussion: Regulation of Nuclear Materials

Regulation of Air Quality

Regulation of Water Quality: Is EPA Meeting Its Oblilgations or Can the States Better...

The Reauthorization of Superfund: Can the Deal of the Century Be Saved?

The 1990s mark the end of an era when pitched legislative battles can lead to either sound or timely public policy. Rather, the formulation of consensus by a critical mass of private-sector stakeholders is the only way to achieve the...