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 …

What's Worse, Nuclear Waste Or The United States' Failed Policy For Its Disposal?, Christopher M. Keegan

University of Richmond Law Review

No abstract provided.

Slides: Produced Water – Beneficial Reuse, Cabell Hodge

Water and Air Quality Issues in Oil and Gas Development: The Evolving Framework of Regulation and Management (Martz Summer Conference, June 5-6)

Presenter: Cabell Hodge, Policy, Regulation, and Emerging Markets Manager, Colorado Energy Office

12 slides

Slides: Drilling Waste, Blake Scott

Opportunities and Obstacles to Reducing the Environmental Footprint of Natural Gas Development in Uintah Basin (October 14)

Presenter: Blake Scott, Scott Environmental Services, Inc.

24 slides

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

Epa's Definition Of "Solid Waste" Under Subtitle C Of The Resource Conservation And Recovery Act: Is Epa Adequately Protecting Human Health And The Environment While Promoting Recycling?, Steven A.G. Davison

All Faculty Scholarship

No abstract provided.

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

Pigford, Shrader-Frechette & The Nrc Report On Yucca Mountain: Comment, David Okrent

RISK: Health, Safety & Environment (1990-2002)

Dr. Okrent raises several questions related to, e.g., the uneven application of the goal of intergenerational equity.

Maximum Individual & Vicinity-Average Dose For A Geologic Repository Containing Radioactive Waste, Thomas H. Pigford

RISK: Health, Safety & Environment (1990-2002)

Explains the basis for his strong dissent to an NAS report on Yucca Mountain.

The Regulation And Development Of Bioremediation, Susan J. Timian, D. Michael Connolly

RISK: Health, Safety & Environment (1990-2002)

The authors describe how federal statutes regulating hazardous wastes create both incentives and disincentives for exploiting the large potential of bioremediation. Ultimately, they argue for regulation attending more to comparative risks and costs.

The Commerce Clause Quartet, Martin A. Schwartz

Touro Law Review

No abstract provided.

Finessing The Siting Conundrum, Michael B. Gerrard

Faculty Scholarship

There is a place that today's industrial society desperately wishes to find. In prior eras, people sought Nirvana or the Fountain of Youth or Shangri-La – states of mind (or nothingness) as much as places, really. The object of today's quest has no neighbors, no endangered or threatened species, no hydraulic link to precious groundwater; ideally, it has no connection to the biosphere at all.

That place is called "away," as in, "Let's dig up this contamination and haul it away," or, "We need to take this waste away." The public and private sectors in the United States have spent …

Conservation And Natural Resources Waste Management: Provide For Vertical Expansion Of Certain Waste Disposal Sites For Two Year Period, Karl M. Braun

Georgia State University Law Review

The Act amends the Georgia Comprehensive Solid Waste Management Act and allows certain solid waste disposal facilities to vertically expand their existing facilities beyond their originally permitted capacity during a twenty-four month period. The Act requires classifications of modifications as either major or minor modifications for public notice purposes. It defines the public notice procedures required before a major modification. Written verification of compliance with local zoning or land use ordinances and solid waste reduction programs, which is required of permit applicants, is extended to those facilities that have been granted a major modification.

The Two-Headed Dragon Of Siting And Cleaning Up Hazardous Waste Dumps: Can Economic Incentives Or Mediation Slay The Monster, Bradford Mank

Faculty Articles and Other Publications

This Article will show that neither economic incentives nor mediation alone has been successful in addressing the issues of siting or remediation, despite good theoretical reasons for the success of both approaches. This Article advocates a two-pronged approach of using economic incentives and mediation together to attack the dilemmas of siting and remediation. A developer could offer to remediate an orphan or MSW landfill site, and thereby improve public safety, in exchange for the opportunity to build a new, less risky hazardous or solid waste disposal facility.15 In conjunction with mediation and negotiated compensation, this proposal may be able to …

Revised Definition Of Solid Waste, John D. Fognani

Getting a Handle on Hazardous Waste Control (Summer Conference, June 9-10)

15 pages.

The Ocean Dumping Deadline: Easing The Mandate Millstone, Julian H. Spirer

Fordham Urban Law Journal

This Article examines the development the "mandate millstone," the inflexible federal rules and regulations directed at state and local governments in the environmental arena. It surveys how the mandate millstone has burdened or threatened to burden the ocean dumping of sewage sludge by New York City. The Article reviews the method by which the city has traditionally disposed of its sewage sludge in the ocean waters surrounding the city, and how the city's disposal practices would have been altered radically had the city been forced to implement a plan, pursuant to United States Environmental Protection Agency (EPA) regulations, to end …

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 …

The Resource Conservation And Recovery Act And Mineral Development, Robert E. Hamel

Federal Lands, Laws and Policies and the Development of Natural Resources: A Short Course (Summer Conference, July 28-August 1)

30 pages.

National Forest Minerals Management [Outline], Jerry L. Haggard

Federal Lands, Laws and Policies and the Development of Natural Resources: A Short Course (Summer Conference, July 28-August 1)

3 pages.

A Legal Regime For The Resources Of The Seabed And Subsoil Of The Deep Sea: A Brewing Problem For International Lawmakers, Horace B. Robertson Jr.

International Law Studies

No abstract provided.