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Articles 1 - 15 of 15
Full-Text Articles in Law
Introduction: Policy In The Wake Of The Kepone Incident, Joel B. Eisen
Introduction: Policy In The Wake Of The Kepone Incident, Joel B. Eisen
Law Faculty Publications
The goal of this panel was to examine the policies formed in the wake of the Kepone incident: the environmental laws, the regulations and policies that are designed to safeguard our natural resources to ensure that incidents such as the Kepone incident do not reoccur and if they do, to hold those responsible for environmental damage accountable for their actions.
Northern Rockies Report On 1994 Natural Resources Legislation, Carl W. Tobias
Northern Rockies Report On 1994 Natural Resources Legislation, Carl W. Tobias
Law Faculty Publications
I want to report on certain political developments in the Big Sky states which will help to illuminate why 1994 was such a dismal year for national legislation relating to Montana natural resources by emphasizing the ongoing wilderness debate. Representative Pat Williams (D-Mont.), who fist won election to the House of Representatives in 1978, developed, introduced and skillfully shepherded through the House a wilderness bill that would have created approximately 1.7 million acres of new wilderness. The legislation would also have released much land for multiple use, particularly for resource development, and would have designated considerable additional acreage for further …
Federal Minimums: Insufficient To Save The Bay, Roy A. Hoagland, Jean G. Watts
Federal Minimums: Insufficient To Save The Bay, Roy A. Hoagland, Jean G. Watts
University of Richmond Law Review
In this era of deregulation, streamlining, and government reform, the voices of state government often ring out the philosophy of "no stricter than federal law" when discussing environmental initiatives. The argument that federal minimums can serve as a minimalistic, one-size-fits-all framework for environmental protection not only contradicts the same voices' arguments for flexibility and site-specific solutions, but also ignores the reality that federal minimums alone simply cannot and will not restore our waters, conserve our land, or protect our air.
Allied Chemical, The Kepone Incident, And The Settlements: Twenty Years Later, Robert R. Merhige Jr., Manning Gasch Jr., William B. Cummings, Robert H. Sand, Robert B. Smith Iii, W. Wade Berryhill
Allied Chemical, The Kepone Incident, And The Settlements: Twenty Years Later, Robert R. Merhige Jr., Manning Gasch Jr., William B. Cummings, Robert H. Sand, Robert B. Smith Iii, W. Wade Berryhill
University of Richmond Law Review
Twenty years ago this July the happenings at a small chemical plant in Hopewell, Virginia ushered in what has since become an incident of national impact and importance. Through the prosecution of criminal cases, the filing of civil personal injury suits and the closing of the James River to fishing, the release of the chemical from the Kepone manufacturing process gained national attention.
Toward A Sustainable Urbanism: Lessons From Federal Regulation Of Urban Stormwater Runoff, Joel B. Eisen
Toward A Sustainable Urbanism: Lessons From Federal Regulation Of Urban Stormwater Runoff, Joel B. Eisen
Law Faculty Publications
This Article focuses on the particularly vexing challenge of forging a sustainable urbanism in Edge Cities and analyzes regulatory attempts to control urban stormwater runoff. If our task is to "describe the natural world and to evaluate our actions toward it in ways that presuppose ... [a] community between nature and mankind," we must also characterize and address this source of considerable pollution, which originates from thousands of dispersed locations. Unfortunately, environmental protection efforts have only begun to address the pollution of urban stormwater runoffs. Parts II and III of this Article detail these largely unsuccessful attempts and conclude that …
Federal Minimums: Insufficient To Save The Bay, Roy A. Hoagland, Jean G. Watts
Federal Minimums: Insufficient To Save The Bay, Roy A. Hoagland, Jean G. Watts
University of Richmond Law Review
In this era of deregulation, streamlining, and government reform, the voices of state government often ring out the philosophy of "no stricter than federal law" when discussing environmental initiatives. The argument that federal minimums can serve as a minimalistic, one-size-fits-all framework for environmental protection not only contradicts the same voices' arguments for flexibility and site-specific solutions, but also ignores the reality that federal minimums alone simply cannot and will not restore our waters, conserve our land, or protect our air.
Using Experience To Improve Superfund Remedy Selection, Robert H. Abrams
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 …
Facing A Time Of Counter-Revolution-- The Kepone Incident And A Review Of First Principles, Zygmunt J.B. Plater
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.
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.
Changes In The Clean Water Act Since Kepone: Would They Have Made A Difference?, Wiliam Goldfarb
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- …
Losing The Littoral Zone, Carl W. Tobias
Losing The Littoral Zone, Carl W. Tobias
Law Faculty Publications
Review of John Stilgoe, Alongshore (1994)
Deception, Self-Deception, And Myth: Evaluating Long-Term Environmental Settlements, William H. Rodgers Jr.
Deception, Self-Deception, And Myth: Evaluating Long-Term Environmental Settlements, William H. Rodgers Jr.
University of Richmond Law Review
This paper draws upon six famous settlements that are known in various degrees to students of environmental law. Three are a matter of deep history: the 1970 Environmental Defense Fund settlement that led the last manufacturer of DDT in the U.S. to cease discharges into the Los Angeles sewer system and thence into Santa Monica Bay, the Kepone settlement of the mid-70s that followed in the wake of Judge Merhige's initial assessment of a record-breaking criminal fine of $13.24 million, and the Hudson River settlement of the early 1980s in which environmentalists gave up demands for cooling towers on several …
Policy In Wake Of The Incident, Gerald Mccarthy, W. Tayloe Murphy, Gerald Winegrad, Joel B. Eisen
Policy In Wake Of The Incident, Gerald Mccarthy, W. Tayloe Murphy, Gerald Winegrad, Joel B. Eisen
University of Richmond Law Review
The goal of this panel was to examine the policies formed in the wake of the Kepone incident: the environmental laws, the regulations and policies that are designed to safeguard our natural resources to ensure that incidents such as the Kepone incident do not reoccur and if they do, to hold those responsible for environmental damage accountable for their actions.
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
From Kepone To Exxon Valdez Oil And Beyond: An Overview Of Natural Resource Damage Assessment, Danielle Marie Stager
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.