Environmental Law: RCRA, CERCLA, and The management of Hazardous Waste,9781587787188

Environmental Law: RCRA, CERCLA, and The management of Hazardous Waste

by ;
ISBN13: 9781587787188
ISBN10: 1587787180
Format: Paperback
Pub. Date: 2005-12-05
Publisher(s): West Academic
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Summary

Like other publications in this area, this book surveys, organizes, and explains the most important provisions of RCRA and CERCLA while providing relevant background. This publication goes beyond other publications by emphasizing the scientific, policy, and legal issues that make hazardous waste management a difficult and complex problem for Congress, EPA, and practicing lawyers. As with other areas of environmental law, the role of law is to pursue a number of distinct policies in the context of a technically challenging problem. This book explains the nature of the underlying problem that the law seeks to address, and the specific choices that the law makes in addressing it.

Table of Contents

Preface vii
About the Authors xi
The Hazardous Waste Problem
1(10)
A Cautionary Tale
1(3)
The Hazardous Waste Problem
4(3)
Risk and Waste Management
7(4)
Disposal: The Resource Conservation and Recovery Act
11(117)
Introduction to RCRA
12(12)
History
13(3)
Statutory Objectives
16(5)
Regulatory Criteria
21(3)
RCRA's Waste Management Programs
24(13)
Subtitle C: Hazardous Waste
24(4)
Subtitle D: Solid Waste
28(6)
Subtitle I: Underground Storage Tanks
34(3)
The Identification of Hazardous Waste
37(37)
Identification of Solid Waste
37(1)
The Statutory Definition and the Problem of Recycling
38(2)
EPA Regulations
40(5)
The Case Law
45(2)
Recycling Definition Reform
47(4)
Hazardous Waste
51(1)
Tests for Hazardous Characteristics
52(1)
The Concept of Listing
53(2)
The Mixture, Derived From, and Contained In Rules
55(6)
Exclusions
61(1)
Exit
62(1)
C-/D+ Reform
63(11)
Disposal Restrictions
74(14)
The Land Ban
75(1)
Applicability
76(1)
Treatment Standards
77(2)
BDAT: Technology-Based Treatment Standards
79(3)
Universal Treatment Standards
82(1)
Variances
83(2)
The Dilution and Storage Prohibitions
85(1)
HWIR and LDRs
86(1)
Design Standards
87(1)
The Permitting System
88(25)
The Manifest System and Exportation of Hazardous Waste
89(3)
Generator Permits
92(3)
TSDF Permits
95(3)
Corrective Action
98(8)
Environmental Justice
106(7)
Enforcement and State Hazardous Waste Programs
113(15)
Actions Available to the Government
113(5)
Actions Available to Private Citizens
118(2)
State Hazardous Waste Programs
120(8)
Clean-Up: The Comprehensive Environmental Response, Compensation, and Liability Act
128(159)
Introduction and Overview
128(8)
What is Cercla?
128(5)
What is the Superfund?
133(3)
Cercla in Context
136(13)
Love Canal and the Statute's History
137(5)
Cercla and RCRA: A Comparison
142(3)
Cercla and State Law
145(4)
The Clean-Up Cornerstones
149(28)
National Contingency Plan
150(1)
Evolution of the NCP
151(3)
NCP Procedures
154(4)
NCP Substantive Standards
158(1)
National Priorities List
158(1)
The Listing Procedure
159(1)
Consequences of an NPL Listing
160(1)
Delisting and Deletions
161(1)
``Removal'' Actions
162(3)
``Remedial'' Actions
165(3)
Protectiveness
168(1)
ARARs
169(2)
Permanence
171(1)
Cost
172(1)
Judicial Review
173(4)
Liability
177(56)
The Standard of Liability
178(1)
Strict Liability
178(2)
Joint and Several Liability
180(2)
Retroactive Liability
182(1)
Potentially Responsible Parties
183(1)
Current Owner and Operators
184(1)
Owners
185(3)
Operators
188(2)
Past Owners/Operators ``at the Time of Disposal''
190(4)
Persons Who ``Arranged for Disposal or Treatment''
194(4)
Transporters Who ``Selected'' a Disposal or Treatment Site
198(1)
Corporations
199(1)
Officers, Directors, and Employees
199(3)
Parent-Subsidiary
202(1)
Successor Corporations
203(3)
Dissolved Corporations
206(1)
Lenders
207(2)
Fiduciaries, Estates, and Beneficiaries
209(1)
Federal, State and Local Governments
210(2)
Triggers of Liability
212(1)
``Release'' or Threatened Release
212(2)
``Hazardous Substance''
214(4)
``Facility'' or ``Vessel''
218(1)
``Cause'' the ``Incurrence of Response Costs''
219(3)
Recoverable Costs
222(1)
``All Costs''
222(2)
``Not Inconsistent with the National Contingency Plan''
224(2)
Natural Resources Damage
226(1)
``Natural Resources''
227(1)
``Injuries Caused by a Release''
227(2)
Who May Bring Suit
229(1)
Damages
230(2)
Cercla Liens
232(1)
Defenses and Exclusions
233(16)
Section 107(b) Defenses
233(1)
Act of God
234(1)
Act of War
234(1)
Third Party Defenses
235(1)
Release Caused Solely by Third Party
236(1)
Contractual Relationship
236(2)
Exercise of Due Care
238(1)
Precautions against Foreseeable Acts or Omissions
238(1)
Innocent Landowner Defense
239(4)
Other Defenses
243(1)
Statute of Limitations
243(2)
Equitable Defenses
245(1)
Indemnity and Holds Harmless Agreements
246(1)
Constitutional Defenses
247(1)
Exclusions from CERCLA coverage
248(1)
Cost-Recovery Actions and Apportionment of Liability
249(32)
Government Cost-Recovery and Enforcement Actions
249(2)
Judicial Relief
251(4)
Administrative Orders
255(3)
Settlements and Consent Decrees
258(3)
Major Party Settlements and Consent Decrees
261(3)
De Minimis Settlements
264(2)
De Micromis Settlements
266(1)
Brownfields
266(3)
Private Cost-Recovery Actions
269(1)
``Any Other Person''
270(1)
Causation
271(1)
``Necessary Costs of Response''
271(1)
``Consistent with the National Contingency Plan''
272(2)
Cost-Recovery v. Contribution Actions
274(3)
Apportionment of Liability
277(4)
Future of Cercla
281(6)
Table of Cases 287(8)
Index 295

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