Law Commons^™

A Tale Of Two Cities: The Need For Greater Federal Involvement To Ensure Proper Notification, Medical Monitoring And Treatment, And Successful Relocation For Tallevast, Florida And Other Environmental Justice Communities, Sabrina R. Collins

Student Works

This article explores the environmental justice battles being waged in two Florida communities. The first is in Pensacola at the site of the infamous “Mount Dioxin” and the second is in Tallevast. The article further examines the treatment of the two communities by the local, state and federal governments. Further insight is also provided regarding the affected communities. The article offers suggestions for fair and effective treatment of environmental justice communities.

Public Engagement "Reach In, Reach Out": Pursuing Environmental Justice By Empowering Communities To Meaningfully Participate In The Decision-Making Processes Of Brownfields Redevelopment And Superfund Cleanups, Josephine M. Balzac

Florida A & M University Law Review

No abstract provided.

What Evidence Will Justify An Allocation Of Liability Among Responsible Parties Under Superfund?, Robert H. Abrams

Journal Publications

Burlington No. & Santa Fe R. Co. v. United States and Shell Oil Co. v. United States Docket Nos. 07-1601 and 07-1607. Argument date: February 24, 2009, From: The Ninth Circuit

Case at a Glance: Over a 30-year period Shell Oil delivered bulk agricultural chemicals to a now-contaminated reseller's site in California. Part of the site was leased from Burlington Northern Railroad. When the site operator failed, the United States and California incurred costs in cleaning the parcel and successfully sought to impose joint and several liability on Shell and the railroad. Shell contends it is not liable under Superfund …

Environmental Law In The "New" Supreme Court, Robert Abrams

Journal Publications

In the 2006 term the United States Supreme Court issued plenary decisions in four environmental cases. As is usually the case, all four environmental cases that reached the Supreme Court presented nuanced questions of statutory interpretation, most of which were intertwined with administrative law issues. The decisions this term are of unusual importance, as all have significant aspects, either practical, precedential, or attitudinal. Additionally, two of the cases exhibit the 5-4 cleavage, so common in this term's decisions, in which Justice Kennedy is the outcome-determinative swing voter. On unusual occasions there are environmental cases decided by the Supreme Court that …

Dawn Of A New Era In The Extraterritorial Application Of U.S. Environmental Statutes: A Proposal For An Integrated Judicial Standard Based On The Continuum Of Context, Randall S. Abate

Journal Publications

Congress has the authority to enact laws beyond the territorial boundaries of the United States. However, whether Congress intended to exercise extraterritorial authority in a given statute is a matter for the courts to ascertain through statutory interpretation. When considering the reach of federal legislation, courts are guided by a presumption against extraterritoriality. Part I of this Article discusses the origins and evolution of the presumption against extraterritoriality before and after the landmark decision in Aramco. Part II addresses the continuum of context paradigm from Massey and describes the extraterritorial application of U.S. environmental statutes. Part III of the Article …

When "Responsible Parties" Clean Up Voluntarily, Can They Use Superfund To Get Some Of Their Cleanup Costs Back?, Robert H. Abrams, Amy Kullenberg

Journal Publications

No abstract provided.

Attorneys' Fees Are Costly, But Are They A Recoverable Cost Of Environmental Cleanup Under Superfund?, Robert H. Abrams

Journal Publications

No abstract provided.