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Full-Text Articles in Law

Natural Resources Damage Litigation [Appendix], Michael Donovan Jun 1986

Natural Resources Damage Litigation [Appendix], Michael Donovan

Getting a Handle on Hazardous Waste Control (Summer Conference, June 9-10)

80 pages (includes illustrations).

Contains references and historical notes.

Appendix contains 3 attachments:

1) Comprehensive Environmental Response, Compensation and Liability Act, ("CERCLA"), 42 U.S.C. 9601 et seq. (1980)

2) National Contingency Plan, 40 C.F.R. Part 440, 50 Fed. Reg. No. 224, Part III (November 20, 1985)

3) Natural Resource Damage Assessments - Proposed Rule, Department of Interior, 43 C.F.R. Part 11, 50 Fed. Reg. No. 245, Part IV (December 20, 1985)


Underground Storage Tank Regulations, J. Kemper Will Jun 1986

Underground Storage Tank Regulations, J. Kemper Will

Getting a Handle on Hazardous Waste Control (Summer Conference, June 9-10)

17 pages (includes 1 illustration and 1 form).

Contains 3 pages of references.

Contains 4 attachments.


Toxic Tort Remedies: The Case Against The "Superduper Fund" And Other Reform Prososals, J.B. Ruhl Jan 1986

Toxic Tort Remedies: The Case Against The "Superduper Fund" And Other Reform Prososals, J.B. Ruhl

Vanderbilt Law School Faculty Publications

This Article joins the enormous and growing body of literature examining the need for reform of toxic tort remedies for cases of exposure to hazardous substances released into the environment. It is different from most other treatments of the issue in one important respect--it does not advocate reform of the present tort law system in any fundamental way. Indeed, it is argued that the central feature of the present system--the requirement that the plaintiff alleging injury resulting from defendant's release of hazardous substances establish proof of causation by a preponderance of the evidence--is essential for maintaining a rational public policy …