The Unfunded Mandates Reform Act will provide state and local governments new opportunities for involvement in the legislative and regulatory process

Article Abstract:

The Unfunded Mandates Reform Act of 1995 (UMRA) creates new opportunities for private parties and state and local government to influence the legislative and regulatory processes. It was created in reaction to a growing sentiment that federal programs imposed without federal funding on state, local, or tribal governments, or on the private sector, were out of control and doing more harm than good. While the UMRA had foes as well as supporters, all can agree that it is an important and probably enduring part of the regulatory environment.

Public Finance Activities, National Government Finance, Executive, Legislative, and Other General Government Support, Intergovernmental Relations, State & Local Govt Finance NEC, Public finance, Intergovernmental fiscal relations, Domestic economic assistance, Unfunded mandates

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The Kelley decision, which invalidates the EPA's lender-liability rule, leaves secured creditors without clear guidance on avoiding liability for cleanup costs

Article Abstract:

The US Supreme Court's Jan 17, 1995, denial of certiorari in American Bankers' Assn v Kelley re-establishes the uncertain state of the law governing lenders' liability for Superfund cleanup. The Environmental Protection Agency had issued what was known as the lender-liability rule to clarify when lenders are liable, after several years of the circuit courts applying varying interpretations. By upholding a decision that overturned the rule, the court makes it riskier for lenders to take security interests in many properties.

Cases, Toxic torts, Lender liability

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Regulators seek full restoration of polluted land; polluters often must pay for damage to natural resources in addition to cleanup costs

Article Abstract:

Natural resource damages (NRDs) have become a popular form of damages against those found guilty of injuring natural resources owned or controlled by a government entity. The award of $900 million against Exxon, excluding cleanup costs, in the Prince William Sound case is the most spectacular example, but smaller cases keep appearing, though only two have gone to trial. Agencies investigating spills or pollution can also recover their costs, creating skewed incentives. The NRD process and its problems are explored.

Economic aspects, Remedies, Liability for environmental damages, Offenses against the environment, Environmental crimes, Restoration ecology

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