Disposal of radioactive waste may breed liability; biotech companies must devise effective strategies to minimize potential Superfund exposure
Article Abstract:
The biotechnology industry has shown great promise but is burdened with the problem of managing and disposing of low-level radioactive waste. The industry must figure out a way to minimize waste and clean up that which exists because liability for waste disposal can be great. Periodic audits are recommended but companies must address any compliance problems discovered during an audit. States can defer to the Nuclear Regulatory Commission regulations on this issue or have an agreement for state-level regulation with the commission.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1996
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Recent cases expose circuit split on mens rea; courts are divided on whether scienter should be applied to all elements of CWA, RCRA crimes
Article Abstract:
Courts must take special care to express criminal intent with environmental offenses as more such indictments are becoming the rule. Appeals of convictions of Resource Conservation and Recovery Act and Clean Water Act offenses have charged the trial courts with not applying the scienter requirement to each element of the offense. This is why a split has developed among the circuits on the applicability of the scienter requirement in environmental crime cases, and this is a split which the Supreme Court must resolve.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1997
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