Environmental Law Commons^™

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.

Identifying Chemical Hazards For Regulation: The Scientific Basis And Regulatory Scope Of California's Proposition 65 List Of Carcinogens And Reproductive Toxicants, William S. Pease

RISK: Health, Safety & Environment (1990-2002)

Noting that the Proposition 65 list has become an authoritative source for hazard identification, Dr. Pease examines its legislative, regulatory and scientific origins. After analyzing the California approach, he offers suggestions for better selection of future regulatory targets.

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 …

Environmental Impediments To Bankruptcy Reorganizations, James K. Mcbain

Indiana Law Journal

No abstract provided.

United States Customs Law Affecting The Movement Of Goods Into And Out Of Mexico., Robert T. Givens, Rayburn Berry

St. Mary's Law Journal

Trade between the United State and Mexico rose dramatically over the past decade. Several factors account for this increase in trade. These factors include the relative weakness of the Mexican currency, growth of the maquiladora industry, and increased Mexican production of exportable products generally. Other factors include Mexico’s 1986 accession to General Agreements Tariff and Trade (GATT), the resultant lowering of Mexican customs duties, and a good long-term working relationship between the two countries. If ongoing negotiations culminate in a North American Free Trade Agreement (NAFTA) the trend will accelerate.

Laws regulating the importation of merchandise into the United States …

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

Scholarly Works

No abstract provided.

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.

Regulating Air Toxics In Rhode Island: Policy Vs. Technical Decisions, Julie A. Roque

RISK: Health, Safety & Environment (1990-2002)

Dr. Roqu6 recounts her work as a doctoral candidate at Brown in developing standards for the regulation of airborne carcinogens. Based in part on this experience, she argues that care needs be taken lest those who regulate Risk bury key policy decisions within a mass of often irrelevant technical details.

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 Case For Integrated Pollution Control, Lakshman Guruswamy

Publications

No abstract provided.

Boeing Co. V. Aetna Casualty & Surety Co.: Cercla Response Costs Covered "As Damages" Under Comprehensive General Liability Insurance Policies , Kimberly A. Richter

Seattle University Law Review

This Comment will examine the CERCLA provisions that empower the government to clean up dangerous hazardous waste sites and to seek reimbursement of clean-up costs from polluters. It will then outline the standard provisions of CGL policies, which require insurers to indemnify insureds for all costs incurred "as damages" under the terms of the policy. Next, the Comment will set forth the two primary methods of interpretation employed by courts to determine whether CERCLA response costs are covered damages under CGL policies. The Comment will then set forth Washington law which provided the foundation for the Washington Supreme Court's decision …

The Medical Waste Tracking Act Of 1988: An Analysis Of Its Provisions And Its Effect On New York State, Laurence D. Granite

Touro Law Review

No abstract provided.

Carcinogen Roulette: The Game Played Under Fifra, Marina M. Lolley

Maryland Law Review

No abstract provided.

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.

Annual Survey Of Virginia Law: Environmental Law, James E. Ryan Jr.

University of Richmond Law Review

This article addresses significant developments in Virginia law pertaining to air and water pollution, solid and hazardous waste, and environmentally sensitive areas which have occurred between the publication of last year's survey and August 1, 1990.

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.

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.

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 …

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.

Liabilities Of The Innocent Current Owner Of Toxic Property Under Cercla, Diana L. Mcdavid

University of Richmond Law Review

The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ("CERCLA") was enacted to facilitate prompt cleanup of property contaminated by hazardous wastes. CERCLA seeks to accomplish its goal in part by placing the financial burden of cleanup on those parties who are responsible for the problem and who benefited from the hazardous waste activity. Because environmental cleanup is a national priority and the cost of cleaning up toxic waste sites is staggering, the scope of liability under CERCLA is broad. A clean environment is a laudable goal and compelling responsible parties to bear the cost of cleanup is fair, …

Environmental Liability In Real Property Transactions, Timothy G. Hayes, William J. Dinkin

University of Richmond Law Review

In recent years, the scope of environmental liability has broadened considerably. Cleanup costs are no longer solely the concern of those directly engaged in the generation and disposal of hazardous wastes. Federal and state environmental statutes now create potential liability for parties to a variety of seemingly innocent transactions. Purchasers of contaminated property may be required to pay for hazardous waste cleanup. Corporate entities may also face environmental liability through mergers, consolidations and asset acquisitions. In addition, lenders may risk liability or impairment of collateral when contaminated property is used to secure a loan.

Environmental Liens And Title Insurance, Robert S. Bozarth

University of Richmond Law Review

Increased concern for the environment and environmental protection laws have affected title insurance. To understand this effect, it is necessary to examine our environmental problems, the environmental laws and the nature of title insurance. This article also looks at the title insurance industry's reaction to these environmental risks as compared to the reaction of the property/casualty insurance industry.

Integrated Pollution Control: The Way Forward, Lakshman Guruswamy

Publications

No abstract provided.

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

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. …

Environmental Regulation On Indian Reservations, B. Kevin Gover

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

45 pages.