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Waste

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...

Legal Background to Off-Site Contamination

Editor's Summary: The law governing off-site contamination began with common law and has grown to include federal legislation such as Superfund, the Resource Conservation and Recovery Act, the Clean Water Act, and the Oil Pollution Act...

The Superfund Program at Its 25th Anniversary

Editor's Summary: On December 11, 1980, President Jimmy Carter signed into law CERCLA, commonly referred to as Superfund, creating a federal program to clean up our nation's most polluted hazardous waste sites. Today, every state and...

A Cough in the Water: Revisiting Natural Resource Restoration Under Superfund

Editors' Summary: Under CERCLA's natural resource damage provision, trustees may recover money damages from polluters. While the money is to be used to restore the damaged resources, trustees have flexible spending guidelines which have...

Endangerment, Aviall, and CERCLA Administrative Consent Orders—The New Challenges of Managing Hazardous Waste Contamination

Editors' Summary: Parties undergoing cleanups at contaminated sites under CERCLA that have also been served with a notice of a citizen suit under RCRA face ambiguity and uncertainty as they try to make sense out of these two statutory...