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Full-Text Articles in Law
Charging A Higher Fee For Disposal Of Out-Of-State Hazardous Waste: Will The Dormant Commerce Clause Become Dormant?, Robert H. Abrams
Charging A Higher Fee For Disposal Of Out-Of-State Hazardous Waste: Will The Dormant Commerce Clause Become Dormant?, Robert H. Abrams
Journal Publications
No abstract provided.
Incentives For Action: Market-Based Environmental Strategies, Sheikh Sarmad Hafeez
Incentives For Action: Market-Based Environmental Strategies, Sheikh Sarmad Hafeez
LLM Theses and Essays
Societies have dealt with problems of environmental degradation for centuries, revealing a consistent concern among law makers regarding rates of natural resource consumption. More recently, the United States and other nations have begun to face increasingly perilous environment challenges such as global climate change, indoor pollution, stratospheric ozone depletion, acid rain, urban smog and the degradation of public lands.
The present work explores the environmental problems that, for centuries have plagued our planet, and that continue to threaten it, as well as different approaches to curtail these problems. The present work concludes by showing the most promising of these approaches …
Cleaning House: Environmental Hazards Can Undermine A Property's Use And Value, Michael B. Gerrard
Cleaning House: Environmental Hazards Can Undermine A Property's Use And Value, Michael B. Gerrard
Faculty Scholarship
Numerous horror movies and books depict the woes that befall fictional homeowners who don't know or care that they are living too close to cemeteries or brooding woods or scenes of hauntings.
However, even the vivid imaginations of filmmakers and novelists can't conjure up some of the real-life horrors that environmental hazards can create for property owners. These hazards can destroy the value and salability of property, render it unusable for its intended purpose, and burden owners with clean-up costs, fines and lawsuits.
Fortunately, an alert eye and inexpensive tests can identify most common environmental dangers.
Direct Liability For Hazardous Substance Cleanups Under Cercla: A Comprehensive Approach, Michael P. Healy
Direct Liability For Hazardous Substance Cleanups Under Cercla: A Comprehensive Approach, Michael P. Healy
Law Faculty Scholarly Articles
In enacting the Comprehensive Environmental Response, Compensation & Liability Act (CERCLA), Congress intended to impose liability for hazardous substance cleanups on all parties responsible for a site's use and contamination. However, in implementing the CERCLA liability scheme, courts have issued opinions offering unclear and misguided explanations of their decisions. The author suggests that, to properly assure CERCLA's proper operation, the basis for the imposition of liability must be clarified. To this end, the author examines the prescribed liability for individuals, parent corporations and secured creditors and explains the appropriate grounds for the responsibility of each.