States, feds clash over waste sites; contamination
Article Abstract:
Some state governments and citizen groups have become frustrated with the federal government's failure to force nuclear facilities to comply with federal and state environmental laws and have taken matters into their own hands. Measures include federal facility agreements, making the state and the EPA both players in deciding how a cleanup should be conducted; environmental advisory committees, including representatives from both state government and citizens groups; and the Federal Facility Compliance Act, which will mean a federal waiver of sovereign immunity under the Resource Conservation and Recovery Act of 1976.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1992
User Contributions:
Comment about this article or add new information about this topic:
Transport of waste in dispute; CERCLA dispute
Article Abstract:
Liability for hazardous waste transportation under CERCLA is a matter of debate. Some federal courts hold that the transporter has to choose the destination for the waste for liability to be present, but CERCLA is unclear on whether this precondition for liability must be present when the end point is an incinerator, facility or site or only when it is a site. Since CERCLA is ambiguous, parties can urge courts to consider the policy and practical ramifications of the destination choice requirement.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1993
User Contributions:
Comment about this article or add new information about this topic:
Because property contamination can be a hidden risk in many real estate deals, purchasers should obtain environmental site assessments before the closing
Article Abstract:
The environmental site testing community has long lacked a broadly accepted industry standard, and unfortunately the practice put forth in 1994 by the American Society for Testing and Materials (ASTM) falls short in important ways. The ASTM Practice is limited to practices that together constitute 'all appropriate inquiry' as defined in CERCLA or Superfund. Potential real estate buyers should demand a more thorough investigation to establish a professional rather than a common negligence standard.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1996
User Contributions:
Comment about this article or add new information about this topic:
- Abstracts: Strategy for survival: problems of legislative and executive power in the field of environmental protection in the Ukraine
- Abstracts: Insurance can fund retirement; 'POLI' method. Cost control is key factor in firms' retirement plans; firms are favoring defined contribution plans, such as profit-sharing and 401(k) programs, as retirement savings vehicles
- Abstracts: Ground cover(up): real estate brokers face higher duty to disclose environmental hazards. Seller beware; burden of disclosing defects shifting to sellers
- Abstracts: Update on DOL enforcement of annual filing requirement. ERISA S204(h) notification requirement applied in case of first impression
- Abstracts: U.S. pension law reform under GATT: Retirement Protection Act trims benefits in Congressional effort to recover lost tariff revenues