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Full-Text Articles in Law
Private Clean-Up Causes Of Action And Federal Preemption, Roger Bernhardt
Private Clean-Up Causes Of Action And Federal Preemption, Roger Bernhardt
Publications
The biggest problem that California practitioners will have with the new decision by the United States Supreme Court in CTS Corp. v Waldburger (2014) ___ US ___, 134 S Ct 2175 (reported on p 94), is that it comes out of North Carolina. It gives no California reference for its holding that §309 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (42 USC §9258) preempts state statutes of limitations that apply to common law actions by private individuals for toxic torts and replaces their normal triggering event (the date the cause of action accrues) with a “federally required …
Environmental Justice, Clifford Rechtschaffen, Eileen Guana, Catherine A. O'Neill
Environmental Justice, Clifford Rechtschaffen, Eileen Guana, Catherine A. O'Neill
Publications
This white paper describes briefly the remarkable journey of community-based environmental justice advocates over the last 15 years and their impact on environmental regulation. It will also describe some of the empirical evidence of disparities and the regulatory dynamics that make these inequities an intractable problem, despite the collective efforts of grassroots leaders, environmental justice organizations, public interest law firms, and governmental officials. The paper then focuses on one important set of issues that must be tackled in order to achieve environmental justice: those involving injustice in risk regulation.
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.
Groundwater Quality Protection: Setting A National Goal For State And Federal Programs, David H. Getches
Groundwater Quality Protection: Setting A National Goal For State And Federal Programs, David H. Getches
Publications
No abstract provided.