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.

Biochemistry, Research and Development in the Physical, Engineering, and Life Sciences, Biotechnology industry, Biotechnology industries, Environmental aspects, Radioactive waste disposal

---

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.

Criminal intent

---

Similar abstracts:

• Abstracts: Mediation: are the proceedings really confidential? Protective orders and confidentiality agreements: a drafter's guide
• Abstracts: A hastily negotiated river compact leads to problems in equitable apportionment of the Canadian River. Administration of reserved and non-reserved water rights on an Indian reservation: post-adjudication questions on the Big Horn River
• Abstracts: The case for repeal of the Davis-Bacon Act. Collective bargaining in professional sports: baseball, football, basketball, and hockey
• Abstracts: Appeal of navy gay case flawed. Time to end constitutional double talk. Steffan case shows Navy policy still anti-gay
• Abstracts: Privacy bill targets work site monitoring. Internet privacy jurisdiction begins to develop; courts and legislators address e-mail confidentiality and other New Age constitutional issues

This website is not affiliated with document authors or copyright owners. This page is provided for informational purposes only. Unintentional errors are possible.