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Reauthorization of the Superfund law continues to be a major source of controversy among political leaders and environmental activists. Some seek a major overhaul of the statute, arguing that considerable cleanup still needs to be done. Others oppose major changes, asserting that cleanup is almost complete. One of the most contentious issues in the debate is whether the taxes that once stocked the Superfund Trust Fund need to be reinstated. The answer depends in large part on how much money EPA will need to implement the Superfund program. To inform this discussion, the U.S. Congress asked Resources for the Future (RFF) to estimate the program's future costs. The results of this research are included in Superfund's Future, a book that will become an essential reference for all participants in the debate about one of the nation's most controversial environmental programs.
A current guidebook to the cases and issues that are central to litigating under CERCLA, this book analyzes key issues primarily from the perspective of the PRPs (potentially responsible parties) who are involved with Superfund claims and litigation. An experienced attorney who specializes in this area of law, author Peter L. Gray also describes current and evolving regulations, guidance and judicial interpretations to assist the CERCLA practitioner, and includes practice tips offering deeper insights into key litigation issues. Topics covered include: government response authority under Section 104; remedy selection standards and procedures; abatement authority; liability issues, including causation, defenses, and types of recoverable costs; settlement; judicial review; insurance and bankruptcy; and more."
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.
For more than 100 years, the Coeur d' Alene River Basin has been known as "The Silver Valley" for being one of the most productive silver, lead, and zinc mining areas in the United States. Over time, high levels of metals (including lead, arsenic, cadmium, and zinc) were discovered in the local environment and elevated blood lead levels were found in children in communities near the metal-refining and smelter complex. In 1983, the U.S. Environmental Protection Agency (EPA) listed a 21-square mile mining area in northern Idaho as a Superfund site. EPA extended those boundaries in 1998 to include areas throughout the 1500-square mile area Coeur d'Alene River Basin project area. Under Superfund, EPA has developed a plan to clean up the contaminated area that will cost an estimated $359 million over 3 decades-and this effort is only the first step in the cleanup process. Superfund and Mining Megasites: Lessons from Coeur d'Alene River Basin evaluates the issues and concerns that have been raised regarding EPA's decisions about cleaning up the area. The scientific and technical practices used by EPA to make decisions about human health risks at the Coeur d'Alene River Basin Superfund site are generally sound; however, there are substantial concerns regarding environmental protection decisions, particularly dealing with the effectiveness of long-term plans.
In 1980, with the passage of the Comprehensive Environmental Response, Compensation, and Liability Act, Congress created the Superfund as a mechanism to clean up the toxic legacy of the industrial and chemical revolutions. Over a decade later, the consensus is that the program has failed: too much has been spent and too little accomplished. Harold Barnett unravels the history of this failure, examining the economic and political factors that contributed to it and suggesting policy changes necessary to create a viable cleanup program. Barnett argues that the Superfund has failed because of conflict over who will pay the toxic debt and the impact of this conflict on interdependent funding and enforcement decisions at state, regional, and national levels. He argues that the inability of legislators and regulatory agencies to take effective and timely action is related to the economic and political power of major corporate polluters. Spanning the Reagan and Bush administrations, the book highlights the ongoing conflict between deregulatory policies and environmental programs. Originally published in 1994. A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.
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.