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Full-Text Articles in Law

Rethinking Recycling, Jeffrey M. Gaba Jan 2008

Rethinking Recycling, Jeffrey M. Gaba

Faculty Journal Articles and Book Chapters

Subtitle C of the Resource Conservation and Recovery Act (RCRA) establishes the so-called “cradle to grave” regulatory program over hazardous “solid wastes.” Although not obviously wastes, the United States Environmental Protection Agency (EPA) has consistently asserted jurisdiction to regulate some class of recyclable materials under Subtitle C. It has done this through a regulatory definition of “solid waste” that establishes a complex and confusing scheme that includes, excludes, and exempts recyclable materials from regulatory requirements in an almost incomprehensible fashion. In 2008, EPA added to this complexity by promulgating a new set of conditional exclusions that exempts certain reclaimed materials …


Would It Be Unethical To Dump Radioactive Wastes In The Ocean? The Surprising Implications Of The Person-Altering Consequences Of Policies, Gregory S. Crespi Jan 2008

Would It Be Unethical To Dump Radioactive Wastes In The Ocean? The Surprising Implications Of The Person-Altering Consequences Of Policies, Gregory S. Crespi

Faculty Journal Articles and Book Chapters

This article examines whether policy-making is constrained by ethical obligations to future generations. While there is broad consensus that we have ethical obligations to implement policies that benefit distant future generations, the author deems it impossible to formulate a satisfactory rationale for this position based solely on conventional ethical premises. The author reaches this conclusion after considering the ethical implications of the pervasiveness of person-altering consequences.