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Public Nuisance and Public Plaintiffs: Ownership, Use, and Causation (Part II)

Editors' Summary: In the second of a three-part series, Ms. Halper, an assisant attorney general for the state of New York, analyzes the question of land ownership, land use, and causation in the context of the state public nuisance action to remedy environmental damage. The article argues that the use of land, rather than ownership, is the key to liability in the public nuisance context, and compares this to the traditional private nuisance action. The final article in this series will discuss defenses that may be raised.

Citizen Suits and the NPDES Program: A Review of Clean Water Act Decisions

Editors' Summary: The number of citizen suits brought by environmental groups under the Clean Water Act against companies that have allegedly violated the terms of their NPDES permits has increased dramatically in recent years. Spurred in part by district court decisions that have found defendants liable for violations of the Act solely on the basis of the data reported in the permittees' own discharge monitoring reports, environmental groups have scored several stunning victories.

Environmental Policy and Law in the USSR

The Soviet Union is the first country in which socialism as a philosophical concept has become a reality. Now the USSR is developing with the hope for a better future not only for its own people, but also for mankind. However, this development is not a smooth one. Going this way, we meet difficulties, we make miscalculations, and sometimes we are simply mistaken. Sometimes we go faster, but sometimes we go slower.

The Applicability of CERCLA and SARA to Releases of Radioactive Materials

The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA),1 as amended by the Superfund Amendments and Reauthorization Act of 1986 (SARA),2 covers the cleanup of "releases" of radioactive materials from federal and private facilities into the environment. In addition, certain provisions of SARA that do not amend CERCLA also apply to radioactive materials. This dialogue explores the extent to which these laws apply to radioactive materials and the limited exemptions for such materials in these statutes.

Little Waters: The Relationship Between Water Pollution and Agricultural Drainage

Editors' Summary: Drainage from farmland is a major source of water pollution in the United States, but is largely unregulated under the Federal Water Pollution Control Act. In this article, Professor Davidson analyzes why this is an improper reading by the Environmental Protection Agency of the 1977 amendments to the FWPCA, and why new provisions in the 1987 legislation codifying the exclusion are bad policy and destined to create confusion.

Settlements With SARA: A Comprehensive Review of Settlement Procedures Under the Superfund Amendments and Reauthorization Act

Editors' Summary: The 1986 Superfund Amendments and Reauthorization Act (SARA) incorporated many significant changes into the existing Superfund law. In particular, the new law will have considerable impact on settlements between the Environmental Protection Agency (EPA) and responsible parties. EPA has had an international settlement policy in place for several years, but SARA codified many of the existing policies and gave EPA additional duties.

Perspectives on the Problem of Federal Facility Liability for Environmental Contamination

Editors' Summary: Environmental compliance by federal facilities remains one of environmental law's thorniest issues. The applicable law is intricate, and the practical need to deal effectively with large federal agencies requires different skills and approaches than those traditionally applied to the private sector. In this Article, the author analyzes current legal issues applicable to federal facilities and offers practical advice for achieving environmental compliance.

A Response to “Rediscovering the Limitsˮ of OMB Regulatory Review

Since President Reagan issued Executive Order 122911 establishing his system to review rulemaking actions by executive agencies, environmental and other public interest groups have sought to preclude the President and his delegatee, the Office of Management and Budget (OMB), from reviewing or influencing agency decision-making.