Liability Theories in Contaminated Groundwater Litigation

Disputes regarding contaminated sites have given rise to an explosion of federal and state court litigation. Congress enacted the Resource Conservation and Recovery Act of 1976 ("RCRA"), 42 U.S.C. §§6901 et seq. , as a contemplated "cradle to grave" regulatory scheme for solid waste, and passed the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"), 42 U.S.C. §§9601 et seq. , to address the investigation and remediation of contaminated sites. RCRA and CERCLA each contemplate a strict, joint and several regulatory liability scheme to address sites that have required billions of dollars to investigate and remediate, and which will require additional billions in order to complete the job. Federal and state law cases involving groundwater contamination cases have presented special challenges to litigants and the Courts. Determining the source of groundwater contamination is often a matter of technical dispute, particularly in the case of commingled plumes or older plumes where original point source locations can no longer be located or where there has been a significant amount of contaminant degradation over time. Contaminated plumes derived in whole or in part from potential continuing sources can present difficult remedy selection issues and uncertainty regarding future cost obligations. While a variety of federal and state law theories of liability are available to address groundwater contamination, each presents certain benefits and limitations. For example, CERCLA claims can cover a wide spectrum of potentially responsible parties and are based on strict liability; however, CERCLA excludes petroleum from the scope of its liability scheme and limits recovery to necessary response costs consistent with the National Contingency Plan. RCRA claims can include petroleum contamination, but cannot seek recovery of past costs. Common law theories such as nuisance, trespass and negligence can permit recovery of a broader scope of potential damages and provide for joint and several liability, but they are not based on notions of strict liability and sometimes present difficult statute of limitations problems. This article identifies federal and California state law liability theories addressing responsibility for groundwater contamination, and reviews the elements of liability, potential limitations on available relief, and recent case law developments under these theories.     

Expert Witnesses and Environmental Ldtigation

Environmental legislation is developing rapidly. In addition, considerable attention is being given to the environmental impact of new technological developments. Governments as well as citizens, often through organized groups are placing unprecedented pressures on many industries and even on other parts of the government. Popular feeling has been extremely strong on such matters and resistance so far has not been strong. This is likely to change substantially and the future may see a rapid increase in the number of environmental suits especially if the continued existence of certain industries is threatened. Expert evidence will be needed to support government legislation and to support actions to preserve the environment. Such measures will have inevitable economic implications and will evoke predictable responses. Reconciling these viewpoints will provide a challenge for the community which will probably depend to a larger extent on interpretation in courts of -law. The ability of various experts to give advice through the legal process will be essential if the most effective compromises are to be found. It is the purpose of this paper to discuss the gathering and use of such scientific evidence in environmental lawsuits.     

The Past,Present, and Future of Environmental Insurance Including a Case Study of MTBE Litigation

Environmental insurance policies and the success of claims brought under them depend upon the intersection of both the legal and technical issues involved. The evolution of environmental insurance policies, from their origin in the Commercial General Liability policies up to the creation of new insurance products designed to cover specifically environmental concerns are addressed in this work. Both scientists and attorneys will have to develop a fuller understanding of environmental damage and assessments. The intent of this article is to provide a starting point for members of both disciplines in their quest for a fuller understanding of the legal and technical issues involved in environmental claims.     

The Past,Present, and Future of Environmental Insurance Including a Case Study of MTBE Litigation

Environmental insurance policies and the success of claims brought under them depend upon the intersection of both the legal and technical issues involved. The evolution of environmental insurance policies, from their origin in the Commercial General Liability policies up to the creation of new insurance products designed to cover specifically environmental concerns are addressed in this work. Both scientists and attorneys will have to develop a fuller understanding of environmental damage and assessments. The intent of this article is to provide a starting point for members of both disciplines in their quest for a fuller understanding of the legal and technical issues involved in environmental claims.     

Captive Insurance Companies and the Management of Environmental Risks

Recent publicity has focused on the crisis in the market for commercial liability insurance. Industries and professionals concerned with air pollution are among those facing an acute shortage of insurance coverage. Captive insurance companies are gaining popularity as a means of securing comprehensive pollution liability coverage. Captives are separate corporations established by companies with similar risk management problems to write policies covering pollution emissions. Federal tax law requires that captives be set up properly, with transfer and distribution of risk, before premiums paid by the member companies are deductible. Financial responsibility requirements of the EPA are being redesigned, and may be favorable to the use of captives. Six states and several off-shore countries have statutes allowing captive insurance companies. Attention to practical details can lead to success in using captives to secure business advantages as well as protection from the risk of environmental impairment. Several of such considerations are discussed in light of the tax, environmental, and state regulatory issues relevant to the question, with an eye toward giving practical legal advice for structuring captives.     

环境咨询服务让经济与环保“双赢”

遵循经济规律、生态学规律,对环境与发展问题进行科学论证,杜绝主观臆断、盲目决策;把决策纳入法制轨道,严格依法科学决策;充分发挥专家的智囊作用,做到先咨询后决策。     

Guidelines for Expert Witnesses

The legal gauntlet is remarkably visible in today’s technical society. Unfortunately, engineering and scientific personnel are often poorly prepared for trial-type proceedings. Consequently, experts not only need to know their respective fields, but how to be prepared as expert witnesses.     

Environmental Pollution Liability Insurance in China: In Need of Strong Government Backing

Environmental pollution liability insurance was officially introduced in China only in 2006, as part of new market-based approaches for managing environmental risks. By 2012, trial applications of pollution insurance had been launched in 14 provinces and cities. More than ten insurance companies have entered the pollution insurance market with their own products and contracts. Companies in environmentally sensitive sectors and high-risk industries bought pollution insurance, and a few successful compensation cases have been reported. Still, pollution insurance faces a number of challenges in China. The absence of a national law weakens the legal basis of pollution insurance, and poor technical support stagnates further implementation. Moreover, current pollution insurance products have limited risk coverage, high premium rates, and low loss ratios, which make them fairly unattractive to polluters. Meanwhile, low awareness of environmental and social liabilities leads to limited demand for pollution insurance products by industrial companies. Hence, the pollution insurance market is not yet flourishing in China. To improve this situation, this economic instrument needs stronger backing by the Chinese state.     

Environmental and biological monitoring of endocrine disrupting chemicals.

Trends toward an increase of adverse health effects on reproductive organs have been reviewed. An urgent need has been recognised to establish validated in vivo and in vitro screening assays to test for hormonal activities of chemicals. Relevant existing OECD guidelines have been reviewed and enhancements of some of these have been identified, mainly to test for estrogenic and androgenic activity of chemicals. The problems connected to monitoring activities are outlined, particularly for ambient and biological monitoring. Indeed, the problem of assessing human exposure to endocrine disrupting chemicals through environmental chemical analysis tends to a very high level of complexity. This has been illustrated through the example of one single subclass of endocrine disrupting compounds (EDCs), the organohalogen compounds. Valid biological markers are also needed to be effectively used in epidemiological studies and risk assessment. A multidisciplinary approach and the collaboration among experts in the field of clinical biochemistry, toxicology, and epidemiology is required.     

Remote Sensing Tools Assist in Environmental Forensics. Part I: Traditional Methods

This is part one of a two-part discussion, in which we will provide an overview of the use of aerial photography, topographic mapping and photogrammetry in environmental enforcement actions. The visualization of spatial relationships of natural and man-made features can focus the scope of environmental investigation, and provide a simple, yet quantitative, historical record of changes in conditions on a site. Aerial photography has been used in environmental remote sensing since the early part of the 20th century. Aerial photos are valuable tools for environmental assessment because they provide objective, detailed documentation of surface conditions at a specific time. Furthermore, they can generally be obtained even in cases where access on the ground is denied to investigators. From aerial photos, precise quantitative information can be collected using photogrammetry. Such measurement and positional data can be produced in digital format for input into a Geographic Information System (GIS) for computerized analysis and display. Other information derived from aerial photographs requires specialized photointerpretive skills and experience. These include the recognition of vegetation mortality, oil-spill damage, and the ecological quality of water bodies. The location, extent and historical change of hazardous waste sites can be documented on topographic maps. These maps are often created from aerial photographs, and display the extent and location of real-world features by symbolizing them. The major advantage of maps over aerial photos is that maps can show things that are not visible from the air, while omitting unnecessary and distracting information. Because maps are derived products, they may contain bias in content and presentation, and they must be backed up by careful documentation and quality assurance protocols.     

Remote Sensing Tools Assist in Environmental Forensics. Part I: Traditional Methods

This is part one of a two-part discussion, in which we will provide an overview of the use of aerial photography, topographic mapping and photogrammetry in environmental enforcement actions. The visualization of spatial relationships of natural and man-made features can focus the scope of environmental investigation, and provide a simple, yet quantitative, historical record of changes in conditions on a site. Aerial photography has been used in environmental remote sensing since the early part of the 20th century. Aerial photos are valuable tools for environmental assessment because they provide objective, detailed documentation of surface conditions at a specific time. Furthermore, they can generally be obtained even in cases where access on the ground is denied to investigators. From aerial photos, precise quantitative information can be collected using photogrammetry. Such measurement and positional data can be produced in digital format for input into a Geographic Information System (GIS) for computerized analysis and display. Other information derived from aerial photographs requires specialized photointerpretive skills and experience. These include the recognition of vegetation mortality, oil-spill damage, and the ecological quality of water bodies. The location, extent and historical change of hazardous waste sites can be documented on topographic maps. These maps are often created from aerial photographs, and display the extent and location of real-world features by symbolizing them. The major advantage of maps over aerial photos is that maps can show things that are not visible from the air, while omitting unnecessary and distracting information. Because maps are derived products, they may contain bias in content and presentation, and they must be backed up by careful documentation and quality assurance protocols.     

Application of Forensic Techniques for Age Dating and Source Identification in Environmental Litigation

A multitude of forensic techniques are available for age dating and source identification, including corrosion models for underground storage tanks, the commercial availability of a compound, chemical associations with discrete types of manufacturing processes, chemical profiling, proprietary additives, stable isotope analysis, degradation models, biomarkers and contaminant transport models. The selection and use of these techniques in environmental litigation must be thoroughly understood and applied to be effective as forensic evidence. When introduced as scientific evidence, the governing assumptions and quality of the data are critically evaluated and frequently successfully challenged. The purpose of this paper is to present an overview of commonly used environmental forensic techniques and their possible applications so that a user can decide which technique or combination of methods is most appropriate for their case.     

Environmental education and research in Greece

Conclusions  The particular characteristics of Greece’s natural environment (extended coastal areas, unique and protected species) and the indissoluble linkages between economic activities and natural resources, in combination with the worldwide growing concern for environmental protection, initiated a wide activity on issues related to environmental protection in Greece. Following the establishment of legislation for environmental protection and preservation, Greece has undertaken significant steps in research areas related to environmental chemistry, technology, engineering, biotechnology, management and ecology. This continuously growing research activity is closely followed by an expanding educational framework, which aids to the training of experts and scientists able to deal with the major (national and trans-boundary) environmental issues of our times. DOI: http://dx.doi.org/10.1065/espr2000.08.036     

Allocation by Contribution to Cost and Risk at Superfund Sites

Because there is no specific legislative or regulatory guidance, there is no "right" way to allocate liability at Superfund sites. Allocation based on the cost of a remedy, and allocation based on the need for a remedy, i.e. risk-based allocation, represent two possibilities. Other allocation schemes can be located between these two philosophical poles. When waste streams and environmental impacts are qualitatively similar, allocation based solely on costs may make the most sense. When one or more potentially responsible parties (PRPs) have qualitatively different wastes or impacts, an allocation scheme based on both contribution to cost and to risk may be able to incorporate all PRPs. In any case, dissident PRPs, whose contribution to remedy costs is large but whose contribution to risk is small, may find satisfaction in the courts where there is precedent for risk-based allocation.     

Allocation by Contribution to Cost and Risk at Superfund Sites

Because there is no specific legislative or regulatory guidance, there is no “right” way to allocate liability at Superfund sites. Allocation based on the cost of a remedy, and allocation based on the need for a remedy, i.e. risk-based allocation, represent two possibilities. Other allocation schemes can be located between these two philosophical poles. When waste streams and environmental impacts are qualitatively similar, allocation based solely on costs may make the most sense. When one or more potentially responsible parties (PRPs) have qualitatively different wastes or impacts, an allocation scheme based on both contribution to cost and to risk may be able to incorporate all PRPs. In any case, dissident PRPs, whose contribution to remedy costs is large but whose contribution to risk is small, may find satisfaction in the courts where there is precedent for risk-based allocation.     

基层环境执法存在的问题及对策浅析

阐述了环境执法中存在的问题，指出了真正造就一支“来之能战，战之能胜”的高效、廉洁、文明的环境执法队伍，必须加快立法步伐，加大环境法制宣传教育力度，提高环境法制意识，进行行政管理体制创新，改革机构，打破地方政府“供养制”，加强环保执法队伍的建设。     

生化制药类建设项目环评的重点分析

通过分析徐州市某一生化制药建设项目的环评实例,确定了该类项目的环评重点和难点在于工程分析和污染物的排放分析,尤其是由于废水污染物具有种类多、排放不稳定的特点。同时,结合环保“三同时”建设中的废水处理工程的调试分析,评价了该类建设项目的污水处理设施的技术经济性、可行性。     

Technician Training in Environmental Health Science

In colleges and universities across the country, courses in ecology and environmental science are among the newest additions to the catalog. The goal of such courses is to make students aware of the environmental dilemma, a just and necessary goal. However, there is a need to do more than this. Jobs dealing with environmental protection are becoming more and more complex due to the recent passage of State and Federal legislation, which includes the Clean Air Act, the Amendments to the Water Pollution Control Act and the Occupational Safety and Health Act, just to name a few. Trained personnel are needed by industry and government. For this reason, in 1971, Middlesex County College initiated an Environmental Health Science Technology Program.     

环境监测现场室管理实践与探索

环境监测现场室管理工作是环境监测中一项基础性管理和技术工作,监测现场的管理工作是否科学有序,关系到环境监测效率的高低,对环境监测数据质量的准确性、可靠性、可比性、完整性和公正性也有着十分重要影响。因此,做好环境监测现场室管理工作已成为环境监测管理工作者必须掌握的一项基础性科学技术。文中从环境监测现场室管理工作的实践经验出发,进一步进行探索研究,力求环境监测现场室管理工作高效可行。