Jump to Navigation
Jump to Content

Waste

Unresolved CERCLA Issues After <i>Atlantic Research</i> and <i>Burlington Northern</i>

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 <i>Burlington</i> 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--"arranger"...

RCRA's Statutory and Regulatory Framework

Editors' Summary

Most people are unsure of how to address complicated issues associated with RCRA permitting, federal facilities, and hazardous and radioactive mixed waste. The sheer number of EPA rules alone (over 900) can be...

Restatement for Joint and Several Liability Under CERCLA After <i>Burlington Northern</i>

This past May, the U.S. Supreme Court for the first time addressed two issues that the U.S. Congress left open in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA). These issues are: (1) the...

Information Access--Surveying the Current Legal Landscape of Federal Right-to-Know Laws

In this new age of environmental law, scholars, advocates, policy makers, journalists, and other interested members of the public can gain access to and harness information about our environment through federal right-to-know laws,...