Law Commons^™

Going In Cerclas: The Evolution Of Arranger Liability And The Not-So-Useful Useful Product Doctrine, Martha Clarke

Northwestern University Law Review

Since the Supreme Court decision Burlington Northern & Santa Fe Railway Co. v. United States, courts have wrestled with what it means to be an arranger under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). One aspect of arranger liability that has undergone radical change in the past decade is the useful product doctrine, which allows a party to escape arranger liability by proving it was selling a useful product rather than arranging for disposal.

Prior to Burlington Northern, courts applied the useful product doctrine restrictively, only allowing parties selling virgin products to escape liability and imposing …

Agenda: Flpma Turns 40, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment

FLPMA Turns 40 (October 21)

The Bureau of Land Management (BLM) administers approximately 245 million acres of our public lands and yet, for most of our nation's history, these lands seemed largely destined to end up in private hands. Even when the Taylor Grazing Act of 1934 ushered in an important era of better managing public grazing districts and "promoting the highest use of the public lands," such use of our public lands still was plainly considered temporary, "pending its final disposal." It was not until 1976 with the passage of the Federal Land Policy and Management Act (FLPMA) that congress adopted a policy that …

Slides: Water Management On Public Lands: Chapter 8 Of The Pllrc Report, Michael Gheleta

The Past, Present, and Future of Our Public Lands: Celebrating the 40th Anniversary of the Public Land Law Review Commission’s Report, One Third of the Nation’s Land (Martz Summer Conference, June 2-4)

Presenter: Michael Gheleta, U.S. Department of the Interior, Office of the Solicitor (Lakewood, CO)

12 slides

Slides: Land Use Planning, Ann Morgan

The Past, Present, and Future of Our Public Lands: Celebrating the 40th Anniversary of the Public Land Law Review Commission’s Report, One Third of the Nation’s Land (Martz Summer Conference, June 2-4)

Presenter: Ann Morgan, Vice President, The Wilderness Society (Denver, CO)

4 slides

Slides: Water Footprints: Consciousness Raising Meets Risk Management, Steve Malloch

Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)

Presenter: Steve Malloch, Senior Western Water Program Manager, National Wildlife Federation, Seattle, WA

38 slides

Municipal Solid Waste Regulation: An Ineffective Solution To A National Problem, Donna R. Lanza

Fordham Urban Law Journal

The volume of solid waste, particularly in urban areas, is increasing, and both public heath and the environment are in jeopardy because disposal methods have not kept pace. This Comment examines the historical role that municipalities have played in providing adequate methods for solid waste disposal, emphasizes the traditional methods of zoning and critiques the effectiveness of municipal regulation. It reviews recent federal and state solid waste management acts and analyzes the issue of preemption. This Comment also discusses the constitutionality of state and municipal waste bans. In conclusion, this Comment recommends more effective methods for states and municipalities to …