Finally, a successful challenge to retroactive clean-up liability under Eastern Enterprises

Article Abstract:

The author discusses Asarco Inc. v. Department of Ecology, in which a Washington State judge ruled that a state law similar to CERCLA was unconstitutional in requiring an employer to conduct a lead and arsenic pollution cleanup program outside the boundaries of its property.

Refuse and refuse disposal, Waste disposal

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The Supreme Court's rejection of the "migratory bird rule"

Article Abstract:

The author discusses the US Supreme Court's decision in Solid Waste Agency v. Army Corps of Engineers, in which the court ruled that the federal government does not have the authority to regulate non-navigable waters under the Clean Water Act because of use by migratory birds.

Cases, Water quality management, Wetlands, Exclusive and concurrent legislative powers, Preemption (Legislative power), Migratory birds, Navigable waters

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Recent CERCLA developments in the courts: operator and arranger liability

Article Abstract:

The author discusses cases regarding CERCLA liability for corporations, for environmental cleanup.

Corporations, Tort liability, Tort liability of corporations

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