Law Commons^™

What Comes After Technology: Using An Exceptions Process To Improve Residual Risk Regulation Of Hazardous Air Pollutants, Bradford Mank

Faculty Articles and Other Publications

Section 112 of the Clean Air Act (the Act) governs the regulation of hazardous air pollutants. From 1970 to 1990, the statute required the United States Environmental Protection Agency (EPA) to regulate hazardous air pollutants on a pollutant-by-pollutant basis. Environmental policy analysts generally acknowledge that this approach failed due to scientific uncertainties and unclear direction from Congress on how the EPA should balance the competing concerns of cost and safety. In an effort to improve the Act's effectiveness, Congress passed the 1990 Amendments (the Amendments) to the Act, which established a two-phased approach to regulation. First, subsection 112(d) requires the …

Water Quality Impacts Of The Point Of Diversion, Robert C. Helwick

Water Organizations in a Changing West (Summer Conference, June 14-16)

14 pages.

Contains references.

The Role Of The Council On Competitiveness In Regulatory Review, Robert V. Percival

Congressional Testimony

No abstract provided.

Race(Ial)Matters: The Quest For Environmental Justice Review Essay, Sheila R. Foster

Faculty Scholarship

The essays contained in Race and the Incidence of Environmental Hazards: A Time For Discourse and the recent report by the United States Environmental Protection Agency (EPA), Environmental Equity: Reducing Risk For All Communities represent what appears to be a remarkable consensus that low-income and minority communities bear a disproportionate share of environmental exposures and health risks. These two works also reflect the synergy of efforts by various elements of both the traditional civil rights and mainstream environmental movements to address issues of "environmental racism." Indeed, the current "environmental justice," or "environmental equity,"' movement is a combined effort of grassroots …

Setting The Standards: Federal Groundwater Protection Programs, Katharine (Joni) Teter

Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17)

22 pages.

Contains references.

Opportunities For Innovation: State Strategies For Groundwater Protection, Larry Morandi

Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17)

8 pages.

Contains references.

Quality Meets Quantity: San Gabriel Valley, California: The Metropolitan Water District Of Southern California Proposal, Thomas M. Stetson

Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17)

19 pages (includes illustrations and maps).

Contains footnotes.

Regional Water Supply Aspects Of San Gabriel Basin Superfund Process, Victor E. Gleason

Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17)

19 pages (includes maps).

The Klein Water Treatment Facility: Model For The New Superfund Management Strategy – Or- The Importance Of Being In The Wrong Place At The Right Time???, David M. Brown

Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17)

12 pages.

The Rocky Mountain Arsenal: Groundwater Contamination And Clean-Up Activities, Connally E. Mears, Elaine H. Heise

Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17)

26 pages (includes illustrations and map).

Managing Groundwater Quality And Quantity: Comparative Approaches Of Southern California Water Basins, Susan M. Trager

Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17)

15 pages.

Contains 1 page of references.

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.

Developing A World Vision: An Introduction To International Environmental Policy, Beverly Mcqueary Smith

Scholarly Works

No abstract provided.

Preventing Bhopal: "Dead Zones" And Toxic Death Risk Index Taxes, Bradford Mank

Faculty Articles and Other Publications

On December 5, 1984, a pesticide manufacturing plant leaked highly toxic methyl isocyanate (MIC) and the resulting cloud of gas killed over 2,000 people and injured more than 200,000 others living in the shantytowns of Bhopal, India. While no toxic accident in the United States has approached the magnitude of Bhopal, a 1988 United States Environmental Protection Agency (EPA) study found that 11,048 accidental releases of extremely hazardous substances occurred between 1982 and 1986. These accidents caused 309 deaths, 11,341 injuries and the evacuation of 464,677 people from homes and jobs. The EPA estimated that seventeen of these accidents could …

Interstate Water Pollution: Must Upstream Permits Comply With Downstream Standards?, Robert H. Abrams

Journal Publications

No abstract provided.

Federal Regulatory Interests In Water, Patricia Sanderson Port

Innovation in Western Water Law and Management (Summer Conference, June 5-7)

39 pages.

Contains references.

Chapter 21 E A Case For Regulatory Overhaul, Umass Amherst Center Economic Development

Center for Economic Development Technical Reports

The purpose of this report was to provide an economic development perspective on the problems introduced with the implementation of Chapter 21E in the state of Massachusetts. The report then explored the amendment that went into effect on July, 1992. The amendment privatized the response action at disposal sites and provided more flexible, case-by-case standards for the containment and control environment regulations.

The Case For Integrated Pollution Control, Lakshman Guruswamy

Publications

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 Viability Of Citizens’ Suits Under The Clean Water Act After Gwaltney Of Smithfield V. Chesapeake Bay Foundation, Bevery Mcqueary Smith

Scholarly Works

No abstract provided.

Urban Air Quality Litigation Under The Clean Air Act: Past, Present And Future, David S. Baron

Air Quality Protection in the West (November 27-28)

20 pages.

Contains footnotes.

Agenda: Air Quality Protection In The West, University Of Colorado Boulder. Natural Resources Law Center

Air Quality Protection in the West (November 27-28)

Conference organizers, session moderators and/or speakers included University of Colorado School of Law professor Mark S. Squillace.

Visibility, acid rain, air toxics, and urban air pollution are the topics of an upcoming Center conference on air quality in the West. The conference will be held at the School of Law in Boulder on November 27-28, 1989. Presentations will describe the nature and scope of the issues, the existing legal framework and experience with its implementation, and proposed changes in the law. Emphasis will be placed on air quality issues in the West and efforts underway to address these problems. Special …

Diminishing Views: Air Quality In Western National Parks, Christine L. Shaver

Air Quality Protection in the West (November 27-28)

17 pages.

Contains references.

Transboundary Air Pollution: The Legal Framework, Mark S. Squillace

Air Quality Protection in the West (November 27-28)

12 pages (includes illustrations).

Contains footnotes.

The National Environmental Policy Act: No Longer A Teenager, But Not Yet Grown-Up, George W. (Rock) Pring

New Challenges for Environmental Protection: Second Sino-American Conference on Environmental Law (October 12-13)

98 pages.

Contains footnotes.

Foreword, Focus: Clean Water Act’S Section 404, David H. Getches

Publications

No abstract provided.

Integrated Pollution Control: The Way Forward, Lakshman Guruswamy

Publications

No abstract provided.

Integrating Thoughtways: Re-Opening Of The Environmental Mind?, Lakshman Guruswamy

Publications

The implementation of environmental law and policy has assumed that pollution could be contained, corralled and interdicted within the medium (air, land, or water) in which unpleasant effects are encountered. Sweeping, but piecemeal, federal legislation in the 1970s aspired to create healthy air, together with fishable, swimmable and drinkable waters. Despite impressive gains, these goals have not been achieved. There have been painful failures, compounded by the mounting costs of environmental protection. While the need for environmental protection is generally accepted, the effectiveness and efficiency of regulation based on the legislation of the 1970s has been questioned in the 1980s. …

Administrative Law Symposium: Question & Answer With Professors Elliott, Strauss, And Sunstein, Dick Pierce, Donald Elliott, Peter L. Strauss, Cass Sunstein

Faculty Scholarship

No abstract provided.

Environmental Regulation On Indian Reservations, B. Kevin Gover

Natural Resource Development in Indian Country (Summer Conference, June 8-10)

45 pages.