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This is the fifth book in a series that concentrates on basic information for the environmental law practitioner. In this instance, the focus is on the Comprehensive Environmental Response, Compensation and Liability Act of 1980.
The Superfund program of the US Environmental Protection Agency (EPA) was created in the 1980s to address human-health and environmental risks posed by abandoned or uncontrolled hazardous-waste sites. Identification of Superfund sites and their remediation is an expensive multistep process. As part of this process, EPA attempts to identify parties that are responsible for the contamination and thus financially responsible for remediation. Identification of potentially responsible parties is complicated because Superfund sites can have a long history of use and involve contaminants that can have many sources. Such is often the case for mining sites that involve metal contamination; metals occur naturally in the environment, they can be contaminants in the wastes generated at or released from the sites, and they can be used in consumer products, which can degrade and release the metals back to the environment. This report examines the extent to which various sources contribute to environmental lead contamination at Superfund sites that are near lead-mining areas and focuses on sources that contribute to lead contamination at sites near the Southeast Missouri Lead Mining District. It recommends potential improvements in approaches used for assessing sources of lead contamination at or near Superfund sites.
Agent Orange on Trial is a riveting legal drama with all the suspense of a courtroom thriller. One of the Vietnam War's farthest reaching legacies was the Agent Orange case. In this unprecedented personal injury class action, veterans charge that a valuable herbicide, indiscriminately sprayed on the luxuriant Vietnam jungle a generation ago, has now caused cancers, birth defects, and other devastating health problems. Peter Schuck brilliantly recounts the gigantic confrontation between two million ex-soldiers, the chemical industry, and the federal government. From the first stirrings of the lawyers in 1978 to the court plan in 1985 for distributing a record $200 million settlement, the case, which is now on appeal, has extended the frontiers of our legal system in all directions. In a book that is as much about innovative ways to look at the law as it is about the social problems arising from modern science, Schuck restages a sprawling, complex drama. The players include dedicated but quarrelsome veterans, a crusading litigator, class action organizers, flamboyant trial lawyers, astute court negotiators, and two federal judges with strikingly different judicial styles. High idealism, self-promotion, Byzantine legal strategies, and judicial creativity combine in a fascinating portrait of a human struggle for justice through law. The Agent Orange case is the most perplexing and revealing example until now of a new legal genre: the mass toxic tort. Such cases, because of their scale, cost, geographical and temporal dispersion, and causal uncertainty, present extraordinarily difficult challenges to our legal system. They demand new approaches to procedure, evidence, and the definition of substantive legal rights and obligations, as well as new roles for judges, juries, and regulatory agencies. Schuck argues that our legal system must be redesigned if it is to deal effectively with the increasing number of chemical disasters such as the Bhopal accident, ionizing radiation, asbestos, DES, and seepage of toxic wastes. He imaginatively reveals the clash between our desire for simple justice and the technical demands of a complex legal system.
Across the United States, thousands of hazardous waste sites are contaminated with chemicals that prevent the underlying groundwater from meeting drinking water standards. These include Superfund sites and other facilities that handle and dispose of hazardous waste, active and inactive dry cleaners, and leaking underground storage tanks; many are at federal facilities such as military installations. While many sites have been closed over the past 30 years through cleanup programs run by the U.S. Department of Defense, the U.S. EPA, and other state and federal agencies, the remaining caseload is much more difficult to address because the nature of the contamination and subsurface conditions make it difficult to achieve drinking water standards in the affected groundwater. Alternatives for Managing the Nation's Complex Contaminated Groundwater Sites estimates that at least 126,000 sites across the U.S. still have contaminated groundwater, and their closure is expected to cost at least $110 billion to $127 billion. About 10 percent of these sites are considered "complex," meaning restoration is unlikely to be achieved in the next 50 to 100 years due to technological limitations. At sites where contaminant concentrations have plateaued at levels above cleanup goals despite active efforts, the report recommends evaluating whether the sites should transition to long-term management, where risks would be monitored and harmful exposures prevented, but at reduced costs.
The inspiring story of a seemingly ordinary woman who led one of the most successful, single-purpose, grassroots efforts of our time.
This manual outlines the legal and regulatory framework surrounding natural resource damages claims. It provides comprehensive chapters on the common law origins of natural resource damage claims, statutory natural resource damage claims under federal law, CERCLA damage assessment regulations, and economic methodologies for valuing natural resource damages.
Identifies and describes specific government assistance opportunities such as loans, grants, counseling, and procurement contracts available under many agencies and programs.