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Waste

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...

Unnecessarily Hesitant Good Samaritans: Conducting Voluntary Cleanups of Inactive and Abandoned Mines Without Incurring Liability

Until the 1970s, federal and state laws did little to control the harmful water quality impacts of mining exploration, and mine wastes were regularly deposited wherever was convenient, including directly into streams. As a result, one...

Lessons Learned From the Intersection of CERCLA and Contract Law

In Blasland, Bouck & Lee, Inc. v. City of North Miami, the U.S. Court of Appeals for the Eleventh Circuit addressed two significant issues involving the interrelationship between Comprehensive Environmental Response,...

Toward Sustainable Radioactive Waste Control: Successes and Failures From 1992 to 2002

I. Introduction

A. What Does Sustainability Mean for Radioactive Waste?

Using a primitive nuclear reactor, named "Chicago Pile # 1," Enrico Fermi's team achieved a controlled chain reaction inside a squash...

Pursuing Sustainable Solid Waste Management

This Article discusses the original goals of Agenda 211 related to achieving "environmentally sound" solid waste management and reviews U.S. activities and policies with regard to solid waste over the last...

A Case Study of Sustainable Development: Brownfields

By the 1980s, deteriorating hulks of abandoned factories and overgrown vacant lots in many American cities served as notable symbols of urban decline. These sites had earned the label of "brownfields," which the U.S. Environmental...

The Small Business Liability Relief and Brownfields Revitalization Act: Real Relief or Prolonged Pain?

On January 11, 2002, President George W. Bush signed the Small Business Liability Relief and Brownfields Revitalization Act (Act), which includes numerous amendments to the Comprehensive Environmental Response, Compensation, and...