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Waste

Conflict of Interest That Led to the Gulf Oil Disaster

In 1982, U.S. Department of the Interior Secretary James G. Watt merged the responsibilities for revenue collection and regulatory oversight of offshore oil and gas industries under the Minerals Management Services (MMS). This...

Management of Environmental Liabilities in Business Transactions

This Comment seeks to prepare lawyers to address environmental risk management in the context of transactions, including: (i) transfers of ownership of corporate assets and of real property; (ii) extensions of ...

The Saga Continues—Howmet and the Ongoing Uncertainty of Solid Waste Regulation Under RCRA

It is said that nothing is constant except change. For industry trying to keep up with its environmental obligations, perhaps the more appropriate saying would be that nothing is constant except regulatory uncertainty. Under President...

Unresolved CERCLA Issues After <MI>Atlantic Research<D> and <MI>Burlington Northern<D>

In two major Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) opinions, United States v. Atlantic Research, Inc. and Burlington Northern & Santa Fe R.R. v. United States, the U.S. Supreme Court provided...

Solving the U.S. Nuclear Waste Dilemma

I. Introduction

Current U.S. nuclear waste law and policy is bankrupt. The 1982 Nuclear Waste Policy Act (NWPA) set a 1998 deadline for opening a deep geologic repository to receive spent nuclear fuel (SNF) and high-level waste (...

NRDC's Perspective on the Nuclear Waste Dilemma

While we agree with Richard B. Stewart, in his Article, Solving the U.S. Nuclear Waste Dilemma, on some crucial issues--most notably that the national process for developing a geologic repository for disposal nuclear waste is currently...

The NWPA and the Realities of Our Current Situation

Richard B. Stewart's article, U.S. Nuclear Waste Law and Policy: Fixing a Bankrupt System, provides a thoughtful discussion of some of the complex scientific, policy and legal issues involved with nuclear waste generation and disposal....

NWPA Is Still a Viable Option for Solving the Nuclear Waste Dilemma

In his article, Solving the U.S. Nuclear Waste Dilemma, Richard B. Stewart analyzes the history of the failure of the U.S. to manage the recycling and disposal of spent nuclear fuel (SNF) and high-level radioactive waste (HLW) from the...

Making the Case for Causation in Toxic Tort Cases: Superfund Rules Don't Apply

While causation is often a paramount obstacle to prosecuting a toxic tort claim, judicial interpretation of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) generally has eliminated consideration of...

The <MI>Burlington<D> Court's Flawed Arithmetic

On May 4, 2009, the U.S. Supreme Court handed down its decision in Burlington Northern & Santa Fe Railway Co. v. United States. The decision is of major significance with respect to two areas of Superfund jurisprudence--"...