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Waste

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...

The Aviall Case: Will the Supreme Court Deny Recovery Under CERCLA to PRPs Who Voluntarily Incur Response Costs?

The U.S. Supreme Court's decision to grant review of the en banc decision of the U.S. Court of Appeals for the Fifth Circuit in the Aviall Services, Inc. v. Cooper Industries, Inc. case was something of a surprise. After all, in the...

Where Do We Fit In? U.S. Information Disclosure and Hazardous Waste Remediation Laws as Compared With the Policy Suggestions of the U.N. Environment Program

In May 2002, the United Nations Environment Program (UNEP) issued its long-awaited, authoritative report, Global Environmental Outlook 3 (GEO-3).1 This 446-page document, which reflects the work of more...

A Look at EPA Overfiling: Can Harmon and Power Engineering Exist in Harmony?

Federal law divides the responsibility of enforcing federal environmental regulations between federal agencies, typically the U.S. Environmental Protection Agency (EPA), and state agencies.1 Generally, state...