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Medical Monitoring And The Future Of Cercla: Reinvigorating The Superfund Law's Consequential Purpose, Colin Crawford
Medical Monitoring And The Future Of Cercla: Reinvigorating The Superfund Law's Consequential Purpose, Colin Crawford
Publications
The Article advances in three main parts. Part II gives a brief overview of the reasons why most of the legal and transactional time, attention, and money spent during CERCLA's first fifteen years focused on who should pay for hazardous waste cleanup, and how much parties should pay once identified. The section briefly examines some of the understandable reasons why this occurred, but then argues that a revised CERCLA will be more effective if it concentrates instead on what costs should be covered. Part II concludes by demonstrating that such a re-focus would reflect CERCLA's original, radically consequentialist design. Part …
Strategies For Environmental Justice: Rethinking Cercla Medical Monitoring Lawsuits, Colin Crawford
Strategies For Environmental Justice: Rethinking Cercla Medical Monitoring Lawsuits, Colin Crawford
Publications
This Article argues that by concentrating largely on expanding the scope of constitutional jurisprudence, lawyers and legal academics have failed to examine possibilities for strategic lawsuits using the elaborate array of existing federal environmental statutes. Specifically, both lawyers and legal academics have needlessly neglected or shied away from the medical monitoring lawsuit available under section 107(a)(4)(B) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), to the disadvantage of potential environmental justice plaintiffs.