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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...

Superfund Exemption: The Agricultural Protection and Prosperity Act of 2007

Editors' Summary: Under CERCLA, agricultural producers must report releases of volatile organic compounds, particulate matter, ammonia, hydrogen sulfide, methane, and other pollutants from decomposing animal manure. However, the so-...

Valuation of Impaired Property

Editors' Summary: Determining the value of a parcel of real estate that has been contaminated is a challenge addressed by various disciplines. In this Article, Ronald Throupe, John A. Kilpatrick, Bill Mundy, and Will Spiess focus on the...

Valuation of Impaired Property

Editors' Summary: Determining the value of a parcel of real estate that has been contaminated is a challenge addressed by various disciplines. In this Article, Ronald Throupe, John A. Kilpatrick, Bill Mundy, and Will Spiess focus on the...