Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Publication
- Publication Type
Articles 1 - 8 of 8
Full-Text Articles in Law
California Comparative Risk Project (1994). Toward The 21st Century: Planning For The Protection Of California's Environment, Alan Ramo
Publications
Participants in the California Comparative Risk Project were charged with identifying environmental threats of the greatest ecological, human health, and societal concern using the risk ranking model. However, agreeing that risk is not the only factor that should be considered, our project also examined how economics, pollution prevention, environmental justice, education, and public participation contribute to environmental decision-making. The unique inclusion of this aspect in our project was in response to a growing debate nationally and in California about the limitations of a risk-ranking model for setting environmental priorities. The findings and recommendations of the California Comparative Risk Project are …
Attorneys' Fees Are Costly, But Are They A Recoverable Cost Of Environmental Cleanup Under Superfund?, Robert H. Abrams
Attorneys' Fees Are Costly, But Are They A Recoverable Cost Of Environmental Cleanup Under Superfund?, Robert H. Abrams
Journal Publications
No abstract provided.
What Comes After Technology: Using An Exceptions Process To Improve Residual Risk Regulation Of Hazardous Air Pollutants, Bradford Mank
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 …
States As Innovators: It's Time For A New Look To Our "Laboratories Of Democracy" In The Effort To Improve Our Approach To Environmental Regulation, David L. Markell
States As Innovators: It's Time For A New Look To Our "Laboratories Of Democracy" In The Effort To Improve Our Approach To Environmental Regulation, David L. Markell
Scholarly Publications
No abstract provided.
Reinventing The Regulatory Agenda: Conclusions From An Empirical Study Of Epa's Clean Air Act Rulemaking Progress Projections, Steven J. Groseclose
Reinventing The Regulatory Agenda: Conclusions From An Empirical Study Of Epa's Clean Air Act Rulemaking Progress Projections, Steven J. Groseclose
Maryland Law Review
No abstract provided.
How To Save The National Priorities List From The D.C. Circuit -- And Itself, John S. Applegate
How To Save The National Priorities List From The D.C. Circuit -- And Itself, John S. Applegate
Articles by Maurer Faculty
No abstract provided.
Communities Of Color And Hazardous Waste Cleanup: Expanding Public Participation In The Federal Superfund Program, Deeohn Ferri
Communities Of Color And Hazardous Waste Cleanup: Expanding Public Participation In The Federal Superfund Program, Deeohn Ferri
Fordham Urban Law Journal
Superfund is the nation's program to clean up the most dangerous hazardous waste sites. The Superfund law mandates that parties responsible for hazardous waste sites (i.e., waste generators, site owners, site operators, and waste transporters) shall be financially liable for cleaning them. If responsible parties cannot be located, are unable to perform cleanups, or refuse to do so, EPA can conduct the cleanup action and seek recovery of associated costs from these delinquent parties. As the Superfund reauthorization effort ensues, it is clear that few unequivocally applaud past Superfund performance. Collectively, communities, industry, and government are critical about whether the …
Environmental Burdens And Democratic Justice, Gerald Torres
Environmental Burdens And Democratic Justice, Gerald Torres
Fordham Urban Law Journal
To date, however, there has been relatively little academic discussion about how EPA and other federal agencies can achieve environmental justice. In addition, most legal academic literature has focused either on simply identifying the legal issues associated with race and environmental law or on developing a litigation strategy for remedying “environmental racism.” None of the legal academic literature has focused on the benefits of using an administrative framework to define or develop sustainable solutions to the distributional inequities of environmental laws. The purpose of this Article is to explain the benefits of pursuing an administrative model for change. Unlike other …