Trash or treasure? Industrial recycling and international barriers to the movement of hazardous wastes
The international classification of whether industrial wastes are considered hazardous or not must be clarified to promote industrial recycling efforts. US exporters are subject to conflicting standards from nation to nation under the existing Basel Convention. The Convention needs to be revised to provide industry with consistent distinctions between benign wastes that can be transported to other nations for processing and hazardous wastes that cannot be dumped on other nations. Nations with few landfill options will be the most harmed by continued uncertainty.
Publication Name: The Journal of Corporation Law
Lender liability under CERCLA: the rise, fall and rebirth of the EPA rule
The EPA rule on CERCLA lender liability should have been retained, clarified and improved. The rule was intended to help lenders initiate specific actions without incurring environmental cleanup cost liability, but the rule was overturned in court. A 1995 Justice Dept and EPA Policy Statement indicates the government's intent to use the rule as the basis of its enforcement policy. The rule's legislative background and the relevant case law are presented and analyzed.
Publication Name: Commercial Law Journal
The procedural implementation process and a model substantive approach towards the storage, treatment, and disposal of hazardous waste in Western Europe
Western Europe needs a model law to cover the handling and disposal of hazardous waste, since national enforcement fails to prevent accidents. The law would assign liability for accidents to the most responsible party; thus those who stored waste would pay first if the accident occurred at their facility. The law would also create a bankruptcy trust fund to cover any cleanup costs which the polluters could not pay, financed by permit fees.
Publication Name: University of Pennsylvania Journal of International Business Law
- Abstracts: Interim relief in international arbitration: enforcement is a substantial problem. Commercial arbitration gains favor in Mexico in aftermath of NAFTA treaty
- Abstracts: The difference between mediation and conciliation. Labor & employment arbitration: questions for the late '90s
- Abstracts: The key to state 'unbundling' plans, which let consumers choose their natural gas providers, is to create a level playing field on which marketers can compete
- Abstracts: The politics of influence: recognizing influence dilution claims under s. 2 of the Voting Rights Act
- Abstracts: International sports law: a replay of characteristics and trends. ADR and environmental coverage disputes: a primer on methods and selection