Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Environmental law (2)
- 113(h) (1)
- 1993 (1)
- Administrative law (1)
- And Liability Act (1)
-
- CERCLA (1)
- CWA (1)
- Clean Water Act (1)
- Cleanup (1)
- Compensation (1)
- Comprehensive Environmental Response (1)
- EPA (1)
- Enforcement (1)
- Environment (1)
- Environmental Protection Agency (1)
- FERC (1)
- FPA (1)
- Federal Energy Regulatory Commission (1)
- Federal Power Act (1)
- Health (1)
- Healy (1)
- Hydropower (1)
- Judicial review (1)
- Jurisdiction (1)
- Liability (1)
- Mintz (1)
- PUD No. 1 of Jefferson County (1)
- Potentially responsible party (1)
- SCOTUS (1)
- Superfund (1)
Articles 1 - 3 of 3
Full-Text Articles in Law
Book Review Of Joel A. Mintz, Enforcement At The Epa: High Stakes And Hard Choices (1995), Michael P. Healy
Book Review Of Joel A. Mintz, Enforcement At The Epa: High Stakes And Hard Choices (1995), Michael P. Healy
Law Faculty Scholarly Articles
In this book review, Michael P. Healy discusses Enforcement at the EPA: High Stakes and Hard Choices by Joel A. Mintz.
The Effectiveness And Fairness Of Superfund's Judicial Review Preclusion Provision, Michael P. Healy
The Effectiveness And Fairness Of Superfund's Judicial Review Preclusion Provision, Michael P. Healy
Law Faculty Scholarly Articles
This article examines the effectiveness and fairness of section 113(h) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund). That broadly-worded provision forecloses judicial review of Superfund cleanups prior to enforcement or cleanup completion by requiring that any review action fall within several narrowly-defined exceptions.
After providing an overview of the statute, its enforcement mechanisms, and a context for considering section 113(h), the article summarizes how courts have applied CERCLA's timing of review provision, focusing principally on recent interpretations of the provision. Finally, the article evaluates the effectiveness and fairness of CERCLA review preclusion and concludes by …
The Attraction And Limits Of Textualism: The Supreme Court Decision In Pud No. 1 Of Jefferson County V. Washington Dep't Of Ecology, Michael P. Healy
The Attraction And Limits Of Textualism: The Supreme Court Decision In Pud No. 1 Of Jefferson County V. Washington Dep't Of Ecology, Michael P. Healy
Law Faculty Scholarly Articles
During its 1993 Term, the Supreme Court had the opportunity to consider the interaction between two federal statutory schemes: the Federal Power Act (FPA), which provides that the Federal Energy Regulatory Commission (FERC) has the authority to regulate and license hydropower projects, and the Clean Water Act (CWA), which provides that states have the authority to adopt water quality standards and that federal law will impose and enforce those standards in regulating emissions into, and the quality of, waters of the United States. The tension created by these two statutes lies not only between federal agencies, but more importantly, between …