CAFOs and air emissions
Until recently, many commercial agricultural activities in the United States have been exempt from certain requirements of federal and state environmental laws.
The confused state of the useful product defense
CERCLA section 107(a)(3) provides that a person is liable for the disposal of a hazardous substance. Specifically, any person who "arranged for disposal . . . of hazardous substances owned by such person" is covered by the broad grasp of CERCLA liability.
Environmental insurance success
Experienced practitioners representing industrial entities know that the comprehensive general liability ("CGL") insurance policies purchased by those entities often can be used to provide coverage for various types of environmental claims.
Phase II stormwater discharge permits and the Tenth Amendment
The Tenth Amendment provides that "the powers 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." U.S. Const. Amend. X. According to the U.S. Supreme Court, this protection of dual sovereignty prohibits the federal government from compelling state and local governments to regulate their residents according to federal standards.
Supreme Court wrap-up
(Notice to librarians: The following issues were published in Volume 34 of this newsletter during the fiscal year ending June 30, 2004: August, No. 1; October, No. 2; January, No. 3; June, No. 4).