Law Commons^™

Iii. Environmental Law

Washington and Lee Law Review

No abstract provided.

Regulating Air Toxics In Rhode Island: Policy Vs. Technical Decisions, Julie A. Roque

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

Dr. Roqu6 recounts her work as a doctoral candidate at Brown in developing standards for the regulation of airborne carcinogens. Based in part on this experience, she argues that care needs be taken lest those who regulate Risk bury key policy decisions within a mass of often irrelevant technical details.

Easment Holder Liability Under Cercla: The Right Way To Deal With Rights-Of-Way, Jill D. Neiman

Michigan Law Review

Responding to growing public concern about the accumulation of toxic wastes, Congress in 1980 passed the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). CERCLA authorizes federal action to clean up, or to require others to clean up, leaking hazardous waste sites. Congress placed the financial burden for this cleanup on those responsible for the problem and on those who benefited from improper methods of hazardous waste disposal. Through this liability scheme, Congress also intended CERCLA to encourage responsible or benefited parties to respond voluntarily to the hazardous waste problem.

Part I asserts that CERCLA's legislative history, when read against …

State Of Florida Division Of Administrative Hearings: Respondent University Of North Florida's Response To Petitioners' Request To Produce, Timothy Keyser, T R. Hainline Jr, Marcia P. Parker

Historical Documents

Legal documents related to a dispute between the Sawmill Slough Conservation Club vs. the University of North Florida

"But I Was Only Following Orders": The Government Contractor Defense In Environmental Tort Litigation, R. Joel Ankney

William & Mary Law Review

No abstract provided.

Using Joint Fact-Finding To Resolve Disputes Over Cleanup Of Hazardous Waste Sites, R. Steven Konkel

Environmental Health Science Faculty and Staff Research

This research demonstrates how and why joint fact-finding works to break impasses in negotiations and overcome obstacles to the cleanup of hazardous waste sites. Superfund cleanup negotiations often involve multiple-party, multi-issue disputes. Disputes often arise over identification of the responsible parties, allocation of cost and liability, definition and interpretation of cleanup standards, and development of a viable settlement structure. In 1988, Marks and Susskind identified disagreements over the accuracy and validity of data as critical barriers to cleanup of Superfund and other hazardous waste sites. Disputes over data have led to delays, costly supplemental studies, and site fragmentation into multiple …

The Ethics Of Representing Environmental Clients, Owen Olpin, University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

11 p. ; 28 cm

Distributional Consquences Of Environmental Regulation: Economics, Politics, And Environmental Policymaking, Joseph P. Tomain

Faculty Articles and Other Publications

In this article, environmental policymaking methods are explored through a fictional rediscovery in April 22, 2170 of two documents from 1991. One of the documents presents the background assumptions and technical concepts needed to design an environmental policy for the Town of Lawrenceville. The other document presents the Town of Lawrenceville with a discussion of the distributional consequences of three distinct and perhaps complementary environmental programs. The discussion of each program presents the likely distribution of benefits and costs. Each discussion concludes by speculating on the overall efficiency of the program. The recommendation is to submit the three environmental programs …

Enforcement Challenges And Priorities For The 1990s: A State Perspective, David L. Markell

Scholarly Publications

No abstract provided.

Liability Of Responsible Parties For Hazardous Waste Cleanup: Cercla Section 107 Liability After One Decade, Jill E. Aversa

Villanova Environmental Law Journal (1991 - )

No abstract provided.

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 …

The Oil Pollution Act Of 1990: Striking The Flags Of Convenience?, Mark L. Boos

Colorado Environmental Law Journal

No abstract provided.

Events Of November 1990–April 1991 Chronology, Colorado Journal Of International Environmental Law And Policy

Colorado Environmental Law Journal

No abstract provided.

Domestic Enforcement Of International Law: The International Convention For The Regulation Of Whaling, Valeria Neale Spencer

Colorado Environmental Law Journal

No abstract provided.

Attorney Fees As Superfund Response Costs, K.K. Duvivier, Carolyn L. Buchholz

Sturm College of Law: Faculty Scholarship

Although other areas of natural resources law have been hit by hard times, the environ- mental area is burgeoning. The intricacies of the Comprehensive Environmental Response, Com- pensation and Liability Act (CERCLA or Super- fund), as amended by the Superfund Amendments and Reauthorization Act of 1986 (SARA), ensure attorney participation. Further- more, much of the fuel that drives CERCIA lit- igation is the presumption by many clients that their attorney fees are costs that can be re- covered as response costs under section 107 of CERCLA. 42 U.S.C. S 9607 (1983). Such an assumption may be a serious and costly …

The International Exportation Of Waste: The Battle Against The Path Of Least Resistance, Kenda Jo M. Mccrory

Penn State International Law Review (1982 - 2011)

This Comment will focus on the United States' current regulations governing the exportation of waste, their strengths and weaknesses, and the changes needed to incorporate the Basel Convention into United States domestic law.

The Perils Of Unreasonable Risk: Information, Regulatory Policy, And Toxic Substances Control, John S. Applegate

Articles by Maurer Faculty

No abstract provided.

Unced And The Evolution Of Principles Of International Environmental Law, 25 J. Marshall L. Rev. 19 (1991), M.P.A. Kindall

UIC Law Review

No abstract provided.

The Oil Pollution Act Of 1990: A Long Time Coming, Cynthia Carney Johnson

Fordham Environmental Law Review

No abstract provided.

What Epa Says, Goes: Dispute Resolution Under The Rcra Corrective Action Program And The Impact Of The Proposed Rule, Steven L. Leifer

Fordham Environmental Law Review

No abstract provided.

The Federal Insecticide, Fungicide And Rodenticide Act: Preemption And Toxic Tort Law, Kevin Mcelroy, Josh J. Kardisch, Joseph J. Ortego

Fordham Environmental Law Review

No abstract provided.

Environmental Liability Pitfalls For Public Employee Retirement Systems, Timothy G. Rogers, Laurence S. Kirsch, Paul D. Stevelman

Fordham Environmental Law Review

No abstract provided.

Regulation Of The Outer Space Environment Through International Accord: The 1979 Moon Treaty, James R. Wilson

Fordham Environmental Law Review

No abstract provided.

Clearing The Air: Resolving The Asbestos Personal Injury Litigation Crisis, Richard A. Solomon

Fordham Environmental Law Review

No abstract provided.

Toc 02.2, N/A N/A

Fordham Environmental Law Review

No abstract provided.

It's Not Easy Being Green: The Judicial View Of Government Takings Of Private Wetlands, Alan S. Rafterman

Fordham Environmental Law Review

No abstract provided.

Below Regularoy Concern: The Nuclear Regulatory Commission's Solution For Radioactive Waste Management, Koren Geer

Fordham Environmental Law Review

No abstract provided.

The Clean Air Act Amendments Of 1990: Citizen Suits And How They Work, Roger A. Greenbaum, Anne S. Peterson

Fordham Environmental Law Review

No abstract provided.

Too Strict Liability: Making Local Government Entities Pay For Waste Disposal Site Cleanup, James J. Florio, Robert F. Andrews, Robert A. Fario Jr., William M. Tambussi

Villanova Environmental Law Journal (1991 - )

No abstract provided.

A Comparative Analysis Of The Federal And Pennsylvania Superfund Acts, John M. Hyson, John P. Judge

Villanova Environmental Law Journal (1991 - )

No abstract provided.