Tag Archives: liability

Superfund at 30 (M.L. Judy & K.N. Probst)

Author(s)

Martha L. Judy and Katherine Nicole Probst

Keywords

Superfund, CERCLA, Trust fund, taxes, environmental, brownfields, cost recovery, liability, natural resources damages, contribution, joint and several, cleanup, spill, emergency, remediation, removal, history, EPA, NPL, environmental policy, environmental economics, environmental liability

Abstract

TABLE OF CONTENTS
Introduction 192
I. Cleaning Up Contaminated Sites 200
A. Program Accomplishments 205
B. NPL Listings/Deletions 206
C. Construction Complete 209
D. Government Performance Results Act Measures 210
E. Removal Actions 212
II. Paying for Cleanup: Taxes and Liability 213
A. Superfund Trust Fund 216
B. Liability as a Funding Mechanism 221
C. Spreading Costs Among Private Parties 230
III. Issues on the Horizon 241
A. Can the Quality and Pace of Cleanups Be Improved? 242
B. What Steps Need to Be Taken to Ensure a Robust and Reliable Long-term Stewardship – or Post-cleanup – Program? 243
C. Will Private Parties Continue To Contribute Work and Money to NPL Cleanups, and Will They Continue To Clean Up Sites on Their Own? 244
D. What Are the Funding Needs for the Superfund Program over the Next Five to Ten Years? 246
E. Improving Superfund Requires Increased Program Evaluation and Greater Transparency 247

Citation

(2009) 11 Vermont Journal of Environmental Law 191

Paper

Superfund at 30

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International Environmental Law: Fairness, Effectiveness, and World Order (E. Louka)

Author

Elli Louka

Keywords

International environmental law, compliance, governance mechanisms, marine environment, water resources, fisheries resources, biodiversity, air pollution, trade, environment, hazardous wastes, radioactive wastes, liability, state responsibility

Abstract

This book analyzes the law and policy for the management of global common resources. As competing demands on the global commons are increasing, the protection of environment and the pursuit of growth give rise to all sorts of conflicts. It also analyzes issues in the protection of the global commons from a fairness, effectiveness and world order perspective.

The author examines whether the current policymaking and future trends point to a fair allocation of global common resources that is effective in protecting the environment and the pursuit of sustainable development. The author looks at the cost-effectiveness of international environmental law and applies theories of national environmental law to international environmental problems. Chapters include analysis on areas such as marine pollution, air pollution, fisheries management, transboundary water resources, biodiversity, hazardous and radioactive waste management, state responsibility and liability.

Provides an explanation on the development and future direction of international environmental lawmaking.
Comprehensively analyzes international environmental lawmaking in many diverse areas.
Addresses issues of fairness and effectiveness of international environmental lawmaking.

Citation

Elli Louka, International Environmental Law: Fairness, Effectiveness, and World Order (CUP, Cambridge 2006)

Book

International Environmental Law: Fairness, Effectiveness, and World Order

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Duties of enforcement in planning and environmental law (S. Dodd)

Author

Stephen Dodd.

Keywords

Enforcement; environmentalprotection; humanrights; Ireland; planning authorities’ powers and duties.

Abstract

Examines the duty and discretion of agencies to take enforcement action for the purposes of environmentalprotection in Ireland. Considers the role of enforcement agencies, enforcement policy, the impact of the European Convention on HumanRights 1950, and the potential liability of enforcement agencies for failing to take action.

Citation

(2008) 15(1) Irish Planning and Environmental Law Journal, 12-18.

Paper

Duties of enforcement in planning and environmental law.

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