NCJ Number
109456
Journal
University of Richmond Law Review Volume: 20 Issue: 2 Dated: (Winter 1986) Pages: 379-403
Date Published
1986
Length
25 pages
Annotation
This article examines remedies for the improper disposal of hazardous waste available to the States under two Federal statutes, considers State efforts to supplement these Federal remedies, reviews current efforts under Virginia law to remedy hazardous waste problems, and identifies the need for more extensive legislation in this area.
Abstract
The Federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the Resource Conservation and Recovery Act (RCRA) are Federal remedies available to the States to combat the improper disposal of hazardous waste. Remedies under CERCLA include joint Federal-State actions, independent State actions, and mandatory injunctions. This article focuses on CERCLA's strict liability provision in the context of some differing interpretations and applications of the statute by Federal courts. The discussion of RCRA remedies focuses on the 1984 Hazardous and Solid Waste Amendments, which enable States to enjoin responsible parties to clean up hazardous waste sites. Overall, the article concludes that the Federal program funds cleanup for only the most serious sites and does not address many related issues such as economic loss and personal injury. State legislation in this area is needed to ensure adequate site cleanup and appropriate remedies for injuries. Virginia agencies should be able to rely on provisions of the Virginia Code to enforce environmental laws rather than resort to uncertain provisions and interpretations of Federal law. 181 footnotes.