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Rights to Obtain Damages Under Pennsylvania Environmental Citizen Suit Provisions After Centolanza and Redland Soccer Club

Editors' Summary: According to prevailing precedent, the citizen suit provisions of environmental statutes do not entitle plaintiffs to a private right-of-action for damages. However, two recent decisions by the Pennsylvania Supreme Court appear to expand the remedies available under the citizen suit provisions of two state environmental statutes to include private causes-of-action. This Article examines the two decisions and the subsequent ambiguous case law applying the decisions.

Soil Ingestion Estimation in Children and Adults: A Dominant Influence in Site Specific Risk Assessment

Editors' Summary: Over the past couple of decades, as awareness of hazardous waste contamination has grown, the exposure of children and adults to hazardous wastes via ingestion of contaminated soil has emerged as a dominant concern in risk assessment. This Dialogue summarizes the results and implications of a multiproject research endeavor to estimate soil ingestion in children and adults. The authors begin by explaining how soil ingestion studies are conducted. They also discuss how to differentiate among soil ingestion studies of different quality.

The Endangered Species Act and Private Land: Four Lessons Learned from the Past Quarter Century

Editors' Summary: Twenty-five years ago, Congress enacted the ESA with the goal of conserving endangered and threatened species, as well as the ecosystems on which they depend. How successful the Act has been in achieving that goal has been the subject of much controversy. This Dialogue assesses the Act's success by examining one aspect of its history — the experience that has resulted from applying its provisions to private land. From this assessment, the author determines that there are four lessons that can be learned.

The U.S. Environmental Protection Agency: Fiscal Year 1998 in Review

Editors' Summary: Every year, EPA faces the burdensome task of issuing hundreds of rules and regulations. From air and water quality issues to hazardous and solid waste management, from environmental justice to the protection of natural resources, no aspect of environmental law goes untouched by EPA. Given the highly regulated nature of environmental law and policy, the Agency's actions are often controversial. The fiscal year that ended September 30, 1998, was no different.

Congressional Power to Confer Broad Citizen Standing in Environmental Cases

Editors' Summary: In recent years, the U.S. Supreme Court has limited the availability of citizen suits by narrowing standing requirements. Advocates of this restrictive view on standing allege that broad citizen standing is prohibited by the U.S. Constitution; they claim support for their argument from legal history, including the intent of the Constitution's Framers.

American Heritage Rivers Initiative: A Harbinger of Future White House Environmental Policy?

Editors' Summary: In his 1997 State of the Union Address, President Clinton announced the American Heritage Rivers Initiative, which promotes the environmental, economic, historical, and cultural aspects of rivers and their surrounding communities. So far, 14 rivers have been designated as American Heritage Rivers under the Initiative. Critics, however, claim that the Initiative is not authorized by an act of Congress. This Article explores whether the Initiative is statutorily authorized by existing laws and regulations.

Reinventing Environmental Regulation Through the Government Performance and Results Act: Are the States Ready for the Devolution?

Editors' Summary: In 1993, Congress passed the Government Performance and Results Act (GPRA), which requires federal agencies to prepare strategic plans and performance reports for achieving program goals. In a Dialogue published in the October 1998 issue of ELR — The Environmental Law Reporter, Professor Rena Steinzor and law student William Piermattei of the University of Maryland examined the impact of GPRA on EPA and especially on the Agency's strategic planning and budget process.

The California Supreme Court's Decision in Foster-Gardner and Its Impact on Insurance for Environmental Defense and Remediation Expenses

Editors' Summary: In environmental insurance litigation, coverage is often determined by the court's interpretation of key policy terms. This was just the case in Foster-Gardner, Inc. v. National Union Fire Insurance Co. of Pittsburgh, a recent suit decided by the California Supreme Court. Under the standard-form comprehensive general liability policies at issue, the insurer was required to defend a "suit" but not a "claim." The court was asked to resolve a dispute — whether administrative proceedings constituted a claim or a suit-over these two terms.

Reinventing Environmental Regulation: The Only Path to a Sustainable Future

Editors' Summary: In response to the debate on ways in which our environmental protection system should be improved, Enterprise for the Environment, Yale University, and the National Academy of Public Administration each issued "next generation" reports calling for evolutionary change of the current system. In the July 1998 issue of ELR's News & Analysis, Rena I.