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Full-Text Articles in Law

Decision Support Model To Optimize Site Characterization Activities Taken In Compliance With The Comprehensive Environmental Response Compensation And Liability Act, Daniel J. Clairmont Dec 1995

Decision Support Model To Optimize Site Characterization Activities Taken In Compliance With The Comprehensive Environmental Response Compensation And Liability Act, Daniel J. Clairmont

Theses and Dissertations

One of the most frequently cited reasons for the slow and costly progress of Superfund cleanups is the remedial investigation and feasibility study process (RI/FS). After each phase of the RI/FS process there are several possible alternatives that may be chosen. This research developed decision support models to help decision makers choose between the feasible alternatives at five different decision points during site characterization activities. The models make recommendations on how to deal with any particular chemical based on the risk posed by that chemical. The models assume that the value of characterizing the site further is a reduction in …


Environmental Regulation Of Oil And Gas Development On Tribal Lands: Who Has The Authority?, Richard B. Collins, Tom Shipps, Marla Williams, University Of Colorado Boulder. Natural Resources Law Center Nov 1995

Environmental Regulation Of Oil And Gas Development On Tribal Lands: Who Has The Authority?, Richard B. Collins, Tom Shipps, Marla Williams, University Of Colorado Boulder. Natural Resources Law Center

Environmental Regulation of Oil and Gas Development on Tribal Lands: Who Has the Authority? (November 1)

14 pages.

Collection of 3 papers presented at the Hot Topics in Natural Resources Law program held on Nov. 1, 1995.

Includes bibliographical references.

Contents:

Environmental regulation of oil and gas development on tribal lands : who has authority? / Richard Collins -- Environmental regulation of energy resource development on Indian reservation land / Tom Shipps -- Colorado Oil and Gas [Conservation] Commission jurisdiction over environmental matters on Indian lands / Marla Williams

Jurisdiction to regulate the environmental impacts of oil and gas development on the reservation has been contested by tribes, the state, private land owners and federal agencies. …


The Widening Gyre: A Survey Of Post-Kelley Lender Environmental Liability Issues Under Cercla, Chapters 376 And 403, Florida Statutes, And Chapter 24, Dade County Code, Michael R. Goldstein Apr 1995

The Widening Gyre: A Survey Of Post-Kelley Lender Environmental Liability Issues Under Cercla, Chapters 376 And 403, Florida Statutes, And Chapter 24, Dade County Code, Michael R. Goldstein

University of Miami Business Law Review

No abstract provided.


Civil Liability For Damage Caused To The Environment By Hazardous Waste: Lessons For The European Union From The Us Experience, Artemis Hatzi-Hull Jan 1995

Civil Liability For Damage Caused To The Environment By Hazardous Waste: Lessons For The European Union From The Us Experience, Artemis Hatzi-Hull

LLM Theses and Essays

As environmental awareness has surged over the last two decades, environmental law has rapidly developed. In both agricultural and industrial countries, the environment is a sensitive and vital area where substantial economic interests are at stake. In the United States, many social, political, and economic reasons have spawned rapid expansion of environmental law. Congress has enacted numerous statutes and empowered federal agencies, primarily the Environmental Protection Agency (EPA), to adopt standards and enforce these new laws. A decade ago, environmental liability was not a major concern for US businesses and was rarely dealt with in commercial contracts. However, the situation …


From Kepone To Exxon Valdez Oil And Beyond: An Overview Of Natural Resource Damage Assessment, Danielle Marie Stager Jan 1995

From Kepone To Exxon Valdez Oil And Beyond: An Overview Of Natural Resource Damage Assessment, Danielle Marie Stager

University of Richmond Law Review

In July 1975, officials from the Virginia State Department of Health learned that employees of the Life Science Product Company ("Life Science"), in Hopewell, Virginia, had been poisoned by a toxic chemical known as Kepone. Life Science had produced Kepone under contract for Allied Chemical Corporation ("Allied Chemical"), the original developer and manufacturer. Shortly thereafter, state officials discovered that both Life Science and Allied Chemical had unlawfully discharged Kepone into freshwater tributaries of the James River. In addition to poisoning their own employees, Life Science and Allied Chemical had also contaminated Virginia's atmosphere, soil, and wa- terways with Kepone.


Using Experience To Improve Superfund Remedy Selection, Robert H. Abrams Jan 1995

Using Experience To Improve Superfund Remedy Selection, Robert H. Abrams

University of Richmond Law Review

The Comprehensive Environmental Response, Cleanup, and Liability Act (CERCLA, a.k.a. "Superfund")' has earned its share of criticism, most volubly for the expense and unfairness of its cost allocation scheme, but also for its remedy selection process. In deciding how to remediate sites, CERCLA employs a lengthy formal process that, on average, takes over eight years from site awareness to the selection of a remedy. Less damningly, perhaps, only the last fifty-eight months of that time elapses after the site is scored as one serious enough to be placed on the National Priorities List as a site eligible to receive Superfund …


Changes In The Clean Water Act Since Kepone: Would They Have Made A Difference?, Wiliam Goldfarb Jan 1995

Changes In The Clean Water Act Since Kepone: Would They Have Made A Difference?, Wiliam Goldfarb

University of Richmond Law Review

In the anti-regulatory climate that currently pervades the American political scene, it is important to emphasize the palpable and significant accomplishments of environmental regulation. One measure of the success of environmental law during the past twenty-five years is that long-term, relatively localized environmental contamination-such as the pollution of the lower James River by Kepone between 1966 and 1975-probably can no longer occur in the United States. Major environmental statutes, enacted during the decade between 1976 and 1986, have precluded continuing environmental abuses of this scope and magnitude. The Resource Conservation and Recovery Act (RCRA), enacted in 1976, establishes a compre- …


Facing A Time Of Counter-Revolution-- The Kepone Incident And A Review Of First Principles, Zygmunt J.B. Plater Jan 1995

Facing A Time Of Counter-Revolution-- The Kepone Incident And A Review Of First Principles, Zygmunt J.B. Plater

University of Richmond Law Review

The Kepone contamination episode of 1966-75 was a milestone that focused an entire nation's attention on environmental hazards and our need to do better in recognizing and avoiding them. We have learned a great deal from that unfortunate story. The evolution of American environmental law since the Kepone debacle has repeatedly used the incident as a touchstone in identifying environmental pollution's causes, effects, and potential solutions.


Annual Survey Of Virginia Law: Environmental Law, Brian L. Buniva, James R. Kibler Jr. Jan 1995

Annual Survey Of Virginia Law: Environmental Law, Brian L. Buniva, James R. Kibler Jr.

University of Richmond Law Review

Since publication of the 1994 Annual Survey of Virginia Law' several significant judicial decisions, state statutes and state regulatory initiatives have demonstrated the increasing nexus between federal and Virginia environmental law. The federal and state courts have helped define the interrelationships between environmental law, tort law, land use law, and procedural/jurisdictional issues related to environmental law.


Lender And Receiver Liability: A New Era Of The Comprehensive Environmental Response, Compensation And Liability Act's Security Interest Exemption--Interpreted By The Epa's New Lender Liability Rule, Michelle Lynn Gibbens Jan 1995

Lender And Receiver Liability: A New Era Of The Comprehensive Environmental Response, Compensation And Liability Act's Security Interest Exemption--Interpreted By The Epa's New Lender Liability Rule, Michelle Lynn Gibbens

Oklahoma Law Review

No abstract provided.