Editors' Summary: The doctrine surrounding the rights of individuals to pursue legal remedies in the courts has a long and complex history, and has resulted in a patchwork of rules that are not always easy to follow. Standing to sue limitations have their origins in Article III of the United States Constitution, which limits federal jurisdiction to "cases and controversies." In the early 1970s, the Supreme Court paved the way for environmental groups to participate directly in the evaluation of environmental law by liberalizing the rules pertaining to standing.

Editors' Summary: Toxic tort cases often involve thousands of documents, procedural complexities, and difficult scientific and legal issues. The ability of our legal system to rationally resolve these cases depends on the competence of the factfinder to evaluate the volumes of technical evidence generated in these cases. The author argues that the complexities of these cases are beyond the abilities of lay juries and judges. He proposes that special juries of persons with scientific and medical training be used in complex toxic tort cases.

Under the Constitution of the United States of America, states are provided substantial rights. Indeed, the Tenth Amendment provides that "[p]owers not delegated to the United States by the Constitution, nor prohibited by it to the States are reserved to the States respectively, or to the people."¹

In the beginning, God created man and woman.

Soon thereafter, oil spill compensation and liability legislation sprang from the primordial slime. This development sent man and woman scurrying off to law school (and a few straight to Congress)—destined to argue the finer points of the bill throughout eternity.

Editors' Summary: The Exxon Valdez oil spill in Prince William Sound, Alaska, did more than ravage a pristine environment. It also exposed the deficiencies in the jumble of federal and state laws that establish liability for environmental and economic damages caused by oil spills. The author, using the Exxon Valdez spill as a example, analyzes whether full compensation for all parties damaged by tanker oil spills is available under the existing statutory scheme.

Editors' Summary: One of today's hottest legal battles is the ongoing dispute between corporations and their insurance companies over who will pay for hazardous waste cleanup. When Congress enacted the Comprehensive Environmental Response, Compensation, and Liability Act in 1980, it decided that the private sector, not government, would be liable for most of the cleanup costs. But within the private sector, Congress left open to what extent the standard insurance policies would cover this liability.

Environmental watchdogs awaited with some concern the two National Environmental Policy Act (NEPA)¹ decisions of the Supreme Court during its 1988-1989 term. The issues were important, and the Court had not been especially kind to NEPA in the past. The Court's decisions in the two cases, Robertson v. Methow Valley Citizens Council² and Marsh v. Oregon Natural Resources Council,³ came down on May 1, 1989.

Editors' Summary: Cleaning up hazardous waste often involves complicated questions of law, science, and engineering, all intertwined. Yet, too often professionals of each discipline do not talk to one another, or fail to understand central concepts in each other's fields. To be successful, environmental lawyers are called upon to be not only experts on the law, but also generalists on the scientific and engineering issues involved in cleaning up hazardous waste.

Editors' Summary: As Superfund litigation proliferates and cleanup costs soar, the extent to which comprehensive general liability (CGL) policies cover the liability of PRPs for response costs incurred in the cleanup of hazardous waste becomes increasingly crucial.

Thanks to recent legislation and court decisions, bankruptcy law and hazardous waste law now overlap substantially. Bankruptcy law creates a process to convert the bankrupt's estate into cash and distribute it among creditors. Bankruptcy trustees have a fiduciary duty to maximize assets available to satisfy creditors. At the same time, environmental law seeks to make funds available for hazardous waste cleanup that is frequently expensive.