Editors' Summary: In an attempt to reduce their liability for environmental claims, insurers regularly include absolute pollution exclusion clauses in their comprehensive general liability policies. Courts, however, have entertained a variety of challenges to absolute pollution exclusions. This Article discusses seven arguments that insureds have made to obtain coverage despite the existence of an absolute pollution exclusion in their policy.

Editors' Summary: In this Article, which will be published later this year as part of the Environmental Law Institute's European Community Deskbook, 2nd Edition, the authors familiarize the reader with the intricacies of the European legal system. They begin by describing the anatomy of European Community law — its institutions, procedures, implementation methods, and enforcement mechanisms.

Editors' Summary: This Article discusses the new ozone and particulate matter (PM) NAAQS that EPA promulgated in 1997. It begins by examining the relevant provisions of the CAA and reviewing EPA's history of regulating ozone and PM. It also discusses the costs and impacts associated with implementing the new NAAQS. The Article concludes that less stringent ozone and PM NAAQS would meet the CAA's requisite level of health protection with far fewer negative impacts on the U.S. economy and society.

Editors' Summary: In 1989, the DOE created the Environmental Management (EM) program to clean up contamination caused by the production of nuclear weapons. In recent years, the DOE has suffered congressional criticism and reduced budgets. Although the EM program pushed for greater efficiency, its initiative lacked a coherent strategy necessary to address the overall cleanup program. This Dialogue identifies 14 principles that are vital to the cleanup of the DOE's nuclear weapons complex.

Editors' Summary: DOE is responsible for managing as many as 81 geographic sites that are contaminated with long-lived hazardous and radioactive materials. The longevity of these wastes will require long-term stewardship at these sites in order to protect both human health and the environment. This Article discusses the challenges that DOE faces in developing an effective long-term stewardship program. The authors begin with an overview of DOE's waste management program and a description of its long-lived wastes.

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.

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.

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.

Editors' Summary: At the 1998 Annual Meeting of the American Bar Association, a panel convened by the Environmental Law Institute considered whether enforcement of environmental laws is declining. In his presentation as a member of that panel, the author of this Dialogue concluded that, overall, it is not.

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.