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Emergency Planning and Community Right-To-Know Act (EPCRA)

Oil Spill by the Oil Rig "Deepwater Horizon"

A district court dismissed an environmental group's EPCRA lawsuit against BP for failing to report the release of hazardous substances following the Deepwater Horizon oil spill, holding no such duty existed. EPCRA derives its...

Center for Biological Diversity v. BP America

The Fifth Circuit affirmed in part and reversed in part a lower court decision dismissing an environmental group's CWA, CERCLA, and EPCRA claims against BP and Transocean Ltd. following the Deepwater Horizon disaster. BP leased...

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...

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...

Steeltech, Ltd. v. EPA

The court affirms an administrative law judge's (ALJ's) use of the Emergency Planning and Community Right-to-Know Act's (EPCRA's) enforcement response policy (ERP) in assessing penalties against a metal manufacturer for failure to file...

The Law and Economics of Environmental Information as Regulation

I. Introduction

Since 1970, "command-and-control" has been the predominate form of regulation used to implement environmental protection policy in the United States.1 This regulatory model is...

Citizens for a Better Env't v. Steel Co.

The court affirms a district court decision denying a steel company's motion to recover attorney fees from an environmental group under the Emergency Planning and Community Right-to-Know Act (EPCRA) §326. The group notified the company...

Barrick Goldstrike Mines Inc. v. Browner

The court holds that a metal mining operator's claims against the U.S Environmental Protection Agency (EPA) for allegedly revising the Emergency Planning and Community Right-to-Know Act's (EPCRA's) toxic release inventory program as it...