assigning liability for superfund cleanups an analysis of policy options resources for the future

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Assigning Liability For Superfund Cleanups

Author : Katherine N. Probst
ISBN : 9781135889142
Genre : Technology & Engineering
File Size : 70. 74 MB
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While more than 2,700 emergency removals of hazardous materials have taken place under Superfund, implementing the long-term cleanup program has been the object of considerable controversy. One of the most contentious issues is whether the liability standards in the law should be revised. The authors analyze the pros and cons associated with the current liability approach, as well as with a variety of alternative strategies.

The Rff Reader In Environmental And Resource Management

Author : Wallace E. Oates
ISBN : 0915707969
Genre : Political Science
File Size : 90. 50 MB
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This volume seeks to provide teachers and students, the public policy community and informed citizens with a broader and deeper perspective on natural resources and the environment. Much of the material in the reader comes from Resources, the Resources for the Future quarterly publication. Wallace E. Oates has supplemented this with other important RFF work in climate change and sustainability. He has assembled many of the most requested articles to emerge from RFF. The book includes sections on key environmental topics such as benefit-cost analysis, environmental regulation and environmental justice. There is a section devoted to environmental problems in developing nations and transitional economies. Natural resource topics include resource management, biodiversity, and sustainable development. The articles address many difficult public policy questions, such as: does environmental policy conflict with economic growth; and when is a life too costly to save? Among the other issues addressed are emissions trading, environmental damage assessment, Superfund, biodiversity, forest management, waste-facility siting, and sustainable agriculture.

Maritime Pollution Liability And Policy

Author : Hongjun Shan
ISBN : 9789041128690
Genre : Law
File Size : 67. 64 MB
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Too many oil spills have given dramatic evidence of the inadequacy of international conventions designed to prevent and/or compensate for maritime pollution damage. In the light of the ecological disaster caused by such incidents and the huge economic consequences for the population of the zones affected, various concerned parties around the world are deeply committed to the goals of optimizing legal mechanisms to prevent and deter maritime pollution incidents as well as providing better and more efficient compensation of victims. One of the more notable conferences dedicated to this purpose was sponsored by the Institute of International Maritime Law of Dalian Maritime University in conjunction with the Maastricht European Institute for Transnational Legal Research in June 2009. This important book is a record of that conference. Twenty-nine authors - academics, lawyers and officials of relevant agencies, from China, Europe and the United States - here offer thorough analysis of the overt and underlying legal issues with which this difficult matter is fraught, including the following: * imposition of financial caps; * competence of authorities; * criminal sanctions for non-compliance; * parties to criminal liability; * territorial scope of state police power; * relevance and application of the public trust doctrine; * carriage of dangerous substances by sea; * fair treatment of seafarers; * role of the 'protection and indemnity clubs'; * monitoring and inspections of ships as an aspect of criminal law; and * insurance coverage for fines. The approach throughout is both legal multi-disciplinary and comparative. The relevant international conventions are examined (particularly the 'Bunker Convention' of 2008), with particular attention to their implementation in China and Europe, as well as the independent US regime. In addition, detailed empirical data from well-known case studies provide important insights into the working of international and national prevention and compensation mechanisms. Through a critical review of the current structure of prevention and compensation for oil pollution damage, this book opens the door to a further restructuring of conventions (or national legislation), clarifying the dimensions of the crucial discussion about of how an optimal enforcement of oil pollution legislation can be achieved and who should bear the costs. It will be hugely valuable to policymakers and practitioners dealing with this most daunting and urgent of international legal problems.

Cleaning Up The Mess

Author : Thomas W. Church
ISBN : 0815723067
Genre : Political Science
File Size : 59. 5 MB
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The federal Superfund program for cleaning up America's inactive toxic waste sites is noteworthy not only for its enormous cost - $15.2 billion has been authorized thus far - but also for its unique design. The legislation that created Superfund provided the Environmental Protection Agency with a diverse set of policy tools. Preeminent among them is a civil liability scheme that imposes responsibility for multimillion dollar cleanups on businesses and government units linked - even tangentially - to hazardous waste sites. Armed with this potent policy implement, the agency can order the parties who are legally responsible for the toxic substances at a site to clean it up, with large fines and damages for failure to comply. EPA can also offer conciliatory measures to bring about voluntary, privately financed cleanup; or it can launch a cleanup initially paid for by Superfund and later force the responsible parties to reimburse the government. In this book, Thomas W. Church and Robert T. Nakamura provide the first in-depth study of Superfund operations at hazardous waste sites. They examine six Superfund cleanups, including three regions and both 'hard' and 'easy' sites, to ask 'what works?' Based on detailed case studies, the book describes various strategies that have been applied by government regulators and lawyers and the responses to those different strategies by businesses and local government officials. The authors characterize the implementation strategies used by the EPA as prosecution, accommodation, and public works. They point out that the choice of strategy involves setting priorities among Superfund's competing objectives. They conclude that the best implementation strategy is one that considers the context of each site and the particular priorities in each case. Looking toward the reauthorization of Superfund, they also offer recommendations for improvements in the organization of the program and discuss proposals for change in its liability scheme.

Annual Report Resources For The Future

Author : Resources for the Future
ISBN : WISC:89075349860
Genre : Natural resources
File Size : 41. 38 MB
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Maryland Journal Of Contemporary Legal Issues

Author :
ISBN : UIUC:30112021358301
Genre : Law
File Size : 76. 82 MB
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The Environmental Forum

Author :
ISBN : STANFORD:36105060071623
Genre : Environmental law
File Size : 53. 95 MB
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Energy Review

Author :
ISBN : UVA:X002272967
Genre : Power resources
File Size : 87. 57 MB
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The Corporate Board

Author :
ISBN : NWU:35556022883599
Genre : Corporations
File Size : 62. 71 MB
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Superfund Reassessment And Reauthorization

Author :
ISBN : UOM:39015037373522
Genre :
File Size : 50. 88 MB
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