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The Wti Incinerator: The Rcra Citizen Suit And The Emergence Of Environmental Human Rights, Hallie L. Shipley Jan 2012

The Wti Incinerator: The Rcra Citizen Suit And The Emergence Of Environmental Human Rights, Hallie L. Shipley

Global Business Law Review

The WTI Incinerator currently operates in East Liverpool, Ohio, burning toxic waste despite a district court ruling that held it posed an imminent and substantial risk to both human health and the environment. Unfortunately for the Ohio plaintiffs, the Circuit Court of Appeals in this case misinterpreted the RCRA (Resource Conservation and Recovery Act) Citizen suit provision, barring any remedy for the Ohio citizens who brought the suit. This flawed interpretation has been adopted nationwide by other Appellate Circuit Courts. This article compares the remedies available to U.S. citizens for environmental harms with those remedies available to the citizens under …


Balancing Business Interests With Consumer Concerns: A Comparative Examination Of U.S. And E.U. Commercial Expression Doctrines , Scott Sivley Jan 2012

Balancing Business Interests With Consumer Concerns: A Comparative Examination Of U.S. And E.U. Commercial Expression Doctrines , Scott Sivley

Global Business Law Review

Warning: This Note does not deal with a particularly new nor particularly interesting subject. If sellers of goods and information were this forthcoming when making claims about their products, this Note would not be necessary. Unfortunately, there is a colossal tug of war, as illustrated by the Occupy Movement in the fall of 2011 and as campaign financing during the 2012 American election cycle has and will continue showing us, emerging in the domestic and global marketplace over who should ultimately be responsible for protecting consumers from irresponsible or false commercial speech. Should we continue down the road of survival …