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Articles 1 - 4 of 4
Full-Text Articles in Law
Reassessing The History Of U.S. Hazardous Waste Disposal Policy - Problem Definition, Expert Knowledge And Agenda-Setting, Halina Szejnwald Brown, Brian J. Cook, Robert Krueger, Shatkin
Reassessing The History Of U.S. Hazardous Waste Disposal Policy - Problem Definition, Expert Knowledge And Agenda-Setting, Halina Szejnwald Brown, Brian J. Cook, Robert Krueger, Shatkin
RISK: Health, Safety & Environment (1990-2002)
The authors show that in the 1940's technical consensus began to develop about the effects of land-based waste disposal on groundwater degradation. They go on to explain why this understanding was only slowly reflected in federal legislation.
Cercla's Mistakes, John C. Nagle
Cercla's Mistakes, John C. Nagle
Journal Articles
The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) confounds every theory of statutory interpretation. Congress hurriedly enacted CERCLA during the lame-duck period following the election of President Reagan and a Republican Senate majority in November 1980 but before they took office in January 1981. The resulting statute has been criticized for its apparently textual mistakes, sparse legislative history, conflicting purposes, and questionable public policy. Courts routinely complain about the difficulty of interpreting CERCLA under those circumstances. This article reviews several of the interpretive challenges presented by CERCLA, and suggests some broader implications for statutory interpretation more generally. CERCLA, hazardous …
The Benefits And Costs Of Regulatory Reforms For Superfund, W. Kip Viscusi, James T. Hamilton
The Benefits And Costs Of Regulatory Reforms For Superfund, W. Kip Viscusi, James T. Hamilton
Vanderbilt Law School Faculty Publications
The current policy approach used in the Superfund program is a peculiar halfway house. EPA devotes substantial effort to identifying chemicals at a site and ascertaining their potential risks. It also assesses the costs of a range of remedies in considerable detail. However, many key elements are missing in the agency's analyses. There is no explicit consideration of the size of the population at risk. Risks to a single individual have the same weight as risks to a large exposed population. Actual and hypothetical exposures to chemicals receive equal weight so that risks to a person who, in the future, …
Territoriality, Risk Perception, And Counterproductive Legal Structures: The Case Of Waste Facility Siting, Michael B. Gerrard
Territoriality, Risk Perception, And Counterproductive Legal Structures: The Case Of Waste Facility Siting, Michael B. Gerrard
Faculty Scholarship
The siting of hazardous and nuclear waste facilities has proven to be a task of enormous difficulty in our federal system. In this Article, the Author argues that one of the major causal factors for this difficulty is that the legal regime surrounding waste facility siting decisions is not structured in a manner sensitive to the human factors involved. The siting of a hazardous waste facility is likely to generate a negative community response where the imposition of externally made decisions and externally generated wastes fails to take into account the innate human trait of territoriality. Territoriality is a powerful …