Environmental law - EPA mandated environmental cleanup costs: who foots the bill?

Article Abstract:

The Iowa Supreme Court has ruled that comprehensive general policy insurance providers are responsible for environmental cleanup costs resulting from CERCLA and EPA actions. The court expanded the traditional limits of insurer coverage to include equitable costs. This decision is contrary to the plain meaning of 'damages' in the contract and dangerous for the insurance industry. Previous case law suggests that cleanup costs are equivalent to operating costs, and not covered by insurance. Forcing insurers to indemnify their insureds at levels greater than those intended in the original contract is bad law and bad business.

Liability insurance, Case Note

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Forests, wetlands and the Superfund: three examples of environmental protection promoting jobs

Article Abstract:

Three case studies demonstrate that environmental protection and economic growth are not mutually exclusive, as often is argued by staunch property rights advocates. In the Pacific Northwest, the economy is booming even though timber jobs have declined, and residents are enjoying the beauty that forest regulation preserved. Wetlands protection helps to support fishing and recreation industries while providing water treatment and flood control benefits. Superfund clean-ups provide for the reuse of land and create high-wage jobs as well as contributing to quality of life.

Resources, Environment & Energy, Administration of Air and Water Resource and Solid Waste Management Programs, United States, Economic aspects, Natural resources, Forest conservation, Wetland conservation, Forest protection, Environmental protection, Superfund

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Federal antisecrecy legislation: a model act to safeguard the public from court-sanctioned hidden hazards

Article Abstract:

Federal legislation limiting the grant of protective court orders is needed so information and evidence concerning environmental and health hazards will be sealed only in cases where disclosure will cause extreme prejudice. A federal anti-secrecy law should be modeled after Florida's Sunshine in Litigation Act and Texas's Civil Procedure Rule 76a. The federal law should require a hearing on the gravity of public danger involved and restrain judicial discretion to issue protective orders when the public harm outweighs the opponent's privacy interest.

Laws, regulations and rules, Access control, Court records, Freedom of information

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