Search Results
Use the filters on the left-hand side of this screen to refine the results further by topic or document type.

The Food Quality Protection Act: A New Way of Looking at Pesticides

Editors' Summary: In 1996, the Food Quality Protection Act (FQPA) made major changes in the law governing pesticide residues in food, including elimination of the zero-risk standard for carcinogenic food additives. The FQPA instead imposed a new safety standard—a reasonable certainty that no harm will result from aggregate exposure to the pesticide—for establishment of "tolerances" setting maximum allowable amounts of pesticide residue.

NOAA's Latest Attempts at Natural Resource Damages Regulation: Simpler . . . But Better?

Editors' Summary: The debate about the most appropriate procedures and methodologies to conduct natural resource damage assessments (NRDAs) has continued throughout the last decade among agencies and stakeholders. In August 1995, NOAA proposed the most recent set of regulations to govern NRDAs under the Oil Pollution Act. This Article reviews the history of natural resource damages regulations and the 1995 NOAA proposed rule.

Edison Elec. Inst. v. EPA

The court holds that the U.S. Environmental Protection Agency (EPA or the Agency) failed to justify application of its toxicity characteristic rule to mineral processing and electric utility wastes, and remands portions of the rule to the Agency for further proceedings. In the Resource Conservation ...

Restitution Under RCRA §7002(a)(1)(B): The Courts Finally Grant What Congress Authorized

Earlier this year in KFC Western, Inc. v. Meghrig, the U.S. Court of Appeals for the Ninth Circuit ruled that private parties may obtain restitution of the costs of cleaning up contaminated property under §7002(a)(1)(B) of the Resource Conservation and Recovery Act (RCRA). The Ninth Circuit's ruling in KFC Western opened the way for private parties to use the RCRA citizen suit provision to recover their costs of investigating, studying, and cleaning up contaminated property from responsible parties.