Environmental Law articles from July 1994

Environmental Law archives from July 1994

Hazardous waste recycling under the Resource Conservation and Recovery Act: problems and potential solutions.
July 1, 1994... I. Introduction When Congress passed the Resource Conservation and Recovery Act (RCRA)(1) in 1976, one of its primary objectives was "assuring that hazardous waste management practices are conducted in a manner which protects human...

Who decides who's liable under CERCLA? EPA slips a bombshell into the CERCLA reauthorization process. (Superfund Reauthorization)
July 1, 1994... The Superfund reauthorization debate has focused primarily on four large-scale issues: (1) whether and to what extent Congress should replace joint and several liability with a "fair share" allocation scheme; (2) whether Congress should revise...

Environmental cleanup and compliance at federal facilities: an EPA perspective.
July 1, 1994... I. Introduction: Federal Facilities Are Part of the Regulated Community The U.S. Environmental Protection Agency (EPA), along with all other federal departments and agencies, is struggling to ensure that the federal government...

Southern California's quest for clean air: is EPA's dilemma nearing an end?
July 1, 1994... "The challenge EPA confronts in ridding the South Coast of dirty air, then, may make Hercules, labors in the Augean Stables seem like light housekeeping."(1) I. Introduction To many people, southern California is synonymous with...

Green Markets: The Economics of Sustainable Development.
July 1, 1994... I. Introduction Theodore Panayotou's book, Green Markets: The Economics of Sustainable Development,(1) addresses one of the most important topics in international trade and international environmental law today: how to produce...

Race and the Incidence of Environmental Hazards: A Time for Discourse.
July 1, 1994... It's clear that low-income and minority communities have been asked to bear a disproportionate burden of this country's industrial lifestyle.... They're angry and rightfully so. To solve this, we have got to incorporate environmental justice...

Interpreting the ecological integrity myth: a response to Professor Blumm. (response to Michael C. Blumm, Environmental Law, vol. 24, p. 171, 1994)
July 1, 1994... I. Introduction Michael Blumm's spirited defense(1) of the Long's Peak Report,(2) which he helped to author, deserves a reply. It is true that my critique' focused on what I view to be the anti-use, anti-storage, and anti-local bias of...

Pinchot, property rights, and western water: a reply to Gregory Hobbs. (Gifford Pinchot) (response to article by Gregory J. Hobbs Jr. in this issue, p. 1185)
July 1, 1994... At the risk of extending this already prolonged debate, I want to make three brief points in reply to Greg Hobbs' response to my response to his diatribe on the Long's Peak report.(1) First, Hobbs claims that my assertion that Gifford Pinchot's...

The taking issue in the Ninth Circuit after Lucas. (1993 Ninth Circuit Environmental Review)
July 1, 1994... I. Introduction In 1993, the Ninth Circuit Court of Appeals decided a number of Fifth Amendment(1) "taking" cases. In most, the party asserting the claim did not prevail, calling to mind the observation that a great deal of attention is...

Mens rea and permit interpretation under the Clean Water Act. (1993 Ninth Circuit Environmental Review) (Case Note)
July 1, 1994... I. Introduction 1351 Il. The Clean Water Act and NPDES Permits 1353 III. United States v. Weitzenhoff 1354 IV. Permit Interpretation as a Matter of Law 1357 A. Permit...