Law Commons^™

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.

The Low-Level Radioactive Waste Policy Amendments Act: An Overview, Deborah M. Mostaghel

Publications

This paper, answering questions raised in an earlier article, first sets out the events and policies that led to the enactment of the federal law and amendments that authorize state-organized regional radioactive waste disposal. After analyzing what the amended statute requires, it examines the states' progress in forming and siting compacts. This article also considers the effects of state challenges to the Act and its Amendments. Finally, the conclusion notes problem areas that should be addressed with regard to nuclear waste disposal.

Prop. 65 Warnings: Do They Fulfill The Intent Of The Law?, Clifford Rechtschaffen

Publications

It is over three years since regulations amending the Proposition 65 warning regulations were first proposed by the Health and Welfare Agency. After a half dozen drafts and innumerable public workshops, the chances of substantial changes being made to the regulations before the 1994 elections now seem virtually nil.

The Conservation/Free Trade Debate Resurfaces: The Uncertain Intersection Of The 1992 Driftnet Fisheries Act And Gatt, Paul S. Kibel

Publications

This Comment will explore the legal relationship between GATT and United States environmental legislation, employing the 1992 Driftnet Fisheries Act as an analytic focus.

Part I analyzes the 1991 GAIT panel decision, with special attention given to those GATT provisions which were found inconsistent with the MMPA. Part II discusses the international and domestic response to the panel decision. Part III summarizes the 1992 Driftnet Fisheries Act, focusing on the reasons for its adoption and the trade sanctions it contains. Part IV reveals potential inconsistencies between the 1991 GATT panel decision and the Driftnet Fisheries Act. Part V addresses the …

Asean And The Environment, Sompong Sucharitkul

Publications

This is part of a series of studies devoted to the Association of South-East Asian Nations (ASEAN), a dynamic regional organization for social, cultural and economic cooperation. This year marks the coming of age of the process of codification and progressive development of international law in the fields of environmental protection since the United Nations Conference on the Human Environment at Stockholm on June 5-16, 1972.

Pinning Gulliver Down: An Environmental Case Study On The Place Of Decentralized Power In Federal Administrative Law Doctrine, Colin Crawford

Publications

The argument of this Article proceeds on several fronts. First, using the example of transport of hazardous materials, and, occasionally, more general issues surrounding regulation of toxic substances, this Article will document the absence of a local voice in federal administrative law. Because of the dangers involved in the use of hazardous materials, they present a particularly troubling example of the risks and possible consequences involved in neglecting local initiatives. The analysis used here applies with force to most fields of administrative law, to everything from health and safety regulation and maintenance of police forces to highway location and the …

Who Regulates The Disposal Of Low-Level Radioactive Waste Under The Low-Level Radioactive Waste Policy Act?, Deborah M. Mostaghel

Publications

This Comment will discuss the question of who regulates low-level radioactive waste disposal facilities by examining the following: the constitutional doctrines safeguarding federal government authority; areas of state authority; grants of specific authority delegations under the AEA and subsequent acts dealing with nuclear energy, especially the LLRWPA and its amendment; and finally, potential problems that may arise depending on whether ultimate regulatory authority is deemed to rest with single states, regional compacts, or the federal government.