Editors' Summary: Under CERCLA, a liable party cannot transfer its liability, yet it can contractually arrange for a third party to ultimately bear the financial burden of that liability. The…

Editors' Summary: In recent years, vindication of private-property rights has been the rallying cry of various citizen groups and politicians who believe that certain regulatory restrictions—…

Environmental regulation of pollution in the United States is often maligned as costly and ineffective. Pollution continues to plague and degrade the natural resources in the United States, and U.…

Editors' Summary: Institutional controls are a mechanism for providing a certain degree of safety in the absence of technology that could clean contaminated sites thoroughly. Institutional…

Editors' Summary: Until recently, the regulation of chemical carcinogens and the regulation of radiological carcinogens developed independently. Different governmental agencies operating under…

Editors' Summary: Despite adding the §113(f) "contribution" provision to CERCLA in 1986, Congress did not indicate whether the section was meant to supplement private parties' efforts to…

Editors' Summary: Redeveloping abandoned urban hazardous waste sites, or brownfields, can significantly benefit developers, local communities, and the environment. Developers can purchase…

Editors' Summary: An information-sharing arrangement with the U.S. Environmental Protection Agency gives teeth to the Securities and Exchange Commission's warning that companies that do not…

When the 103d Congress convened on January 5, 1993, many observers believed that it would make up for the dismal environmental record of its predecessor. The 102d Congress had tried and failed to…

In New York v. SCA Services, Inc., the U.S. District Court for the Southern District of New York rejected the notion that a transporter cannot be an arranger under the Comprehensive…