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Waste

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 <BI>Burlington Northern<D>

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,...

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

Prof. David Vladeck's article, Information Access--Surveying the Current Legal Landscape of Federal Right-toKnow Laws, provides a powerful case for strengthening existing environmental right-to-know laws such as the Freedom of...

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

Openness is an American bedrock principle, with secrecy being disdained except where absolutely necessary. As former Sen. Daniel Patrick Moynihan (D-N.Y.) said, "Secrecy is for losers." If information is the lifeblood of...

Brownfields Development: From Individual Sites to Smart Growth

Editor's Summary

In recent years, the links between brownfields redevelopment and smart growth have strengthened. EPA cites brownfield rehabilitation as an essential component of smart growth, as site rehabilitation recreates...

McDonald v. Sun Oil: The Ninth Circuit's Constitutionally Questionable Expansion of CERCLA's Toxic Tort Discovery Rule

When Congress enacted the Superfund Amendments and Reauthorization Act (SARA) in 1986, it included a provision to address what was perceived as a significant shortcoming in state law. Many states' statutes of limitation at the time...

The Illegality of Contingency Fee Arrangements When Prosecuting Public Natural Resource Damage Claims and the Need for Legislative Reform

Editors' Summary: State governments are contracting with private contingency fee attorneys to pursue natural resource damage (NRD) claims as the government's "special counsel." This arrangement is hailed for funding the...

<I>United States v. Atlantic Research</I>: The Supreme Court Almost Gets It Right

Editors' Summary: Cooper Industries v. Aviall Services, a 2004 U.S. Supreme Court case, challenged the legal community's understanding of rights of cost recovery under CERCLA, ruling that PRPs who voluntarily cleaned up property did not...

Ending Both Forms of Grandfathering in Environmental Law

Editors' Summary: Grandfathering is a form of what some tax scholars call transition relief--the payment of compensation for a legal change. Grandfathered polluters and grandfathered emissions permits are both compensations for legal...