In a case now in litigation, United States v. Chemical and Pigment Co., the United States is for the first time attempting to establish a federal rule imposing liability for CERCLA cleanup costs on successor corporations (those that acquire the assets of another). The proposed rule attempts to codify a policy that the Environmental Protection Agency (EPA) has enforced under CERCLA for several years.

JIM SINCLAIR: I handle environmental matters for the New Jersey Business and Industry Association. We have about 11,000 corporate members, and we represent the breadth of New Jersey industry. We also represent a special fraction of that industry: manufacturers that are covered by New Jersey's ECRA. I have received many phone calls over the last two years about this law. From company environmental specialists to chairmen of the board, they have all called to express their dismay and disbelief at what ECRA requires of them.

Editors' Summary: As environmental regulations and litigation grow in complexity, the debate surrounding pollution control issues becomes more technical and specialized. As a result, the fundamental questions and assumptions that underlie pollution control problems sometimes go unarticulated.

Editors' Summary: Wetlands protection is at once one of the most important environmental needs as well as one in which the workings of federal environmental law are most intricate. Wetlands are fragile ecosystems that serve important roles in bringing together water, groundwater, soil, and the life that lives in and depends on this unique combination.

Editors" Summary: Congress is a body often at conflict with itself, and disputes between its authorizing committees and its appropriating committees are among the most pervasive and antagonistic. To administer their programs, executive branch agencies need both authorizing legislation from the authorizing committees and appropriated funds from the appropriating committees. Often, political realities are such that the two sets of committees disagree about the proper way to run the executive agencies.

Editors' Summary: The 100th Congress closed out its term with a flurry of activity, enacting several environmental bills and introducing a number of bills that will set the stage for the 101st Congress. A FIFRA reauthorization bill passed, and the Endangered Species Act was reauthorized after three years' delay with few significant changes. Yet, in many respects the session that just ended was disappointing, and resulted in more form than substance.

In September of last year the Fourth Circuit handed down its decision in United States v. Monsanto Co.¹ The court affirmed the imposition of joint and several liability under the Comprehensive Environmental Response, Compensation, and Liability Act² (CERCLA) on site owners and waste generators for governmental response costs incurred at the Bluff Road site in South Carolina.

The long national debate on the acid rain problem may be approaching a turning point. President Bush and his EPA Administrator, William Reilly, have stated their belief that the time has come to take action. The new Senate majority leader, George Mitchell of Maine, is one of the leading advocates in Congress for acid rain control. The ten-year National Acid Precipitation Assessment Program (NAPAP) is nearing its conclusion. These developments may shift the focus of the national debate from whether there should be a new acid rain control program to how that program should be designed.

Keynote Address

Laying the Groundwork: The Techniques and Applications of Recombinant DNA Technology

Federal, State, and Local Regulation of Biotechnology

Current Models of Risk Assessment Used in Biotechnology Regulation

USDA's Regulation of Genetically Engineered Plants, Microorganisms, and Veterinary Biological Products

Current Litigation Issues Associated With Biotechnology

Panel Discussion: Enforcement of Regulations

International Aspects of Biotechnology and Its Use in the Environment

Editors' Summary: Criminal prosecution is becoming an increasingly important component of the federal government's environmental enforcement strategy. The recent issuance of the federal Sentencing Guidelines has dramatically increased the role of criminal enforcement in environmental law. The guidelines require judges to impose specific sentences within certain ranges for various categories of environment crimes. Defendants are unlikely to escape with probation, as was often the case in preguideline prosecutions. This Article analyzes the impacts and mechanics of the guidelines.