Southeastern Environmental Law Journal

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Volume Fourteen, Number One (Fall 2005)

FOREWARD

In Remembrance of Former South Carolina Governor Carroll A. Campbell, Jr.

ARTICLES

On the Importance of Regulating the International Trade of Pesticides: A Look at the Current Status of Conventional Wisdom (or Lack Thereof) on the Subject
by Dr. Leticia M. Diaz & Dr. Barry Hart Dubner

Is Voting Necessary? Organizational Standing and Non-Voting Members of Environmental Advocacy Organizations
by Professor Karl S. Coplan

Multinational Corporations Facing the Long Arm of American Jurisdiction for Human Rights and Environmental Abuses: The Case of Wiwa v. Royal Dutch Petroleum Co.
by Professor Edna Eguh Udobong

STUDENT NOTES

A Summary Analysis of the U.S. Commission on Ocean Policy's Recommendations for a Revised Federal Ocean Policy and the Bush Administration's Response
by Helen V. Smith

Volume Fourteen, Number Two (Spring 2006)

ARTICLES

STUDENT NOTES

Volume Thirteen, Number One (Fall 2004)

ARTICLES

Suburban Sprawl, Jewish Law, and Jewish Values
by Professor Michael Lewyn

A Relative Risk 2.0: The Ninth Circuit Revisits Daubert's Epidemiological Standard in In re Hanford Nuclear Reservation Litigation
by Peter White, Esq.

STUDENT NOTES

Case Study: Cold Mountain v. Garber and the Effectiveness of Environmental Regulation
by Carolyn A. Perozzi

Case Study: Highway U.S. 70 and the Hondo Valley—Safety and Cost Versus History
by Will Dawson

Volume Thirteen, Number Two (Spring 2005)

ARTICLES

Brownfields Programs and Tax Incentives are Stimulating the Redevelopment of Brownfields Properties in North Carolina andSouth Carolina
by Farah Rodenberger, Esq.

COMMENT

The Ecology of Breastfeeding
by Professor Kim Diana Connolly

STUDENT NOTES

Stopping the Silver Bullet: How Recreational Fishermen Can Use the Public Trust Doctrine to Prevent the Creation of Marine Reserves
by Katryna D. Bevis

Cooper Industries, Inc. v. Aviall Services, Inc.: A Superfast End to Voluntary Cleanups and Efficient Environmental Management
by Callie Campbell

Volume Twelve, Number One (Fall 2003)

ARTICLES

A Retrospective on Lucas v. South Carolina Coastal Council: Public Policy Implications for the 21st Century
by Dana Beach & Professor Kim Diana Connolly

Sovereignty or the Precautionary Principle: Which Will Save Our Fish?
by Thomas A. Telesca, Esq.

STUDENT NOTES

Under the Boardwalk: The Battle for Groins on South Carolina Beaches in South Carolina Coastal Conservation League v. South Carolina Department of Health & Environmental Control
by T.D. Williams, IV

Transportation Planning Versus Air Quality: Does Winning the Battle Equate to Winning the War? Atlanta, Georgiain the 21st Century
by Natalie D. Alford

Volume Twelve, Number Two (Spring 2004)

ARTICLES

Interstate Water Disputes: A Road Map for States
by Josh Clemons, Esq.

Ecological Science for Lawyers: A Book Review
by Professor Fred Bosselman

STUDENT NOTES

Changing the Rules? NRDC v. Abraham and the Reclassification of High-Level Nuclear Waste
by Joanne Burkett

The U.S. Supreme Court Addresses the Battlefor Control over the Potomac River
by Courtney T. Kerwin

Volume Eleven, Number One (Fall 2002)

ARTICLES

An Introduction to the Essential Fish Habitat (EFH)Consultation Process for the South Atlantic Region
by Professor Kim Diana Connolly

What Happens When Bankruptcy and Environmental Laws Collide: A Look at the Safety-Kleen, Inc. v. Wyche Decision
by E. Katherine Wells, Esq.

STUDENT NOTES

Hydropower Relicensing in South Carolina
by Mullen Taylor

Can Equity and CERCLA Co-Exist? Blasland v. City of North Miami
by Robert S. Jones, II

Isolated Wetlands Jurisprudence Post-SWANCC and Resulting Federal and State Attempts to Fill the Void
by C. Victor Pyle, III

Environmental Protection and Pre-Emption of State Common Law Tort Claims By FIFRA: Netland v. Hess
by Robert Waltz

Volume Eleven, Number Two (Spring 2003)

ARTICLES

An Overview of Land Use Regulation in South Carolina
by Bradford W. Wyche, Esq.

South Carolina Release Prevention, Reporting, and Liability: A Primer on the Legal Requirements Imposed to Avoid, and, If Necessary, to Respond to "Environmental Accidents"
by Mark E. Freeze, Esq.; Rolf R. von Oppenfeld, Esq.; &Eric L. Hiser, Esq.

NOTE

The New New Source Review: Teaching Old Sources New Tricks?
by John Boyd

Volume Ten (Summer 2002)

ARTICLES

Rethinking Private Nuisance Law: Recognizing Aesthetic Nuisances in the New Millennium
by Robert D. Dodson, Esq.

Sustaining Urban Green Spaces: Can Public Parks be Protected Under the Public Trust Doctrine?
by Prof. Serena M. Williams

Critical Habitat Designations Under the Endangered Species Act: Giving Meaning to the Requirements for Habitat Protection
by Amy Armstrong, Esq.

STUDENT NOTES

No Road is a "Road to Nowhere for Long": Historic Site Provides Standing in South Carolina Wetlands Permit Case
by Anne Elizabeth Mjaatvedt

Fourth Circuit Elevates Likelihood of Success on the Merits in Preliminary Injunction Analysis
by Evander Whitehead

Volume Nine, Number One (Summer 2000)

ARTICLES

Environmental Endgame: Destruction for Amusement and a Sustainable Civilization
by Daniel M. Warner

Preserving South Carolina's Beaches: The Role of Local Planning in Managing Growth in Coastal South Carolina
by Douglas T. Kendall

Transboundary Groundwater Pollution: The Impact of Evolving Groundwater Use Laws on Salt Water Intrusion of the Floridian Aquifer Along the South Carolina-Georgia Border
by Marshall Lawson

STUDENT NOTES

What Does the City of Monterey Decision Mean for Local Government Land-Use Power?
by Tara Disy Allden

Potentially Responsible Persons Precluded from CERCLA Cost Recovery Claims
by Wade Cooper

Court of Appeals for the District of Columbia Circuit Restricts the EPA's Authority in American Petroleum Inst. v. United States Environmental Protection Agency
by Peter M. Balthazor

Ohio District Court Continues Retroactive Applications of CERCLA
by J. Hagood Hamilton

BOOK REVIEW

OSHA Environmental Compliance Handbook

reviewed by Robert T. Bockman

Volume Nine, Number Two (Spring 2002)

ARTICLES

The Precautionary Principle and International Efforts to Ban DDT
by Don Mayer

Environmental Protection in Kenya: Will theEnvironmental Management and Coordination Act (1999) Make a Difference?
by Laurence Juma

RECENT DEVELOPMENTS IN CASE LAW

Fourth Circuit Upholds U.S. Navy's Environmental Impact Statement, Reaffirming Federal Agency Latitude in Addressing Environmental Impacts
by Christopher M. Ford

Lady Luck Smiles on Environmentalists in Mississippi
by Darleene Michele Patrao Forsythe

Greenbacks Still Trump Green Acts: The High Cost of Electric Power in the Pacific Northwest
by Sanford Cox Graves

Destroying the Myth of the Big, Bad Wolf: Red Wolf Protection in Gibbs v. Babbitt
by Mary Frances Patrick

Cheap and Dirty in the Caribbean
by Lenna R. Shirley

Fishways or Dieways: Federal Energy Regulatory Commission Lacks Authority to Reject Fishway Prescription
by Kealey A. West

BOOK REVIEW

Has the Field Grown Too Complex for a State-Specific "Handbook" on Environmental Law?
by Kim Diana Connolly

Volume Eight, Number One (Summer 1999)

ARTICLES

Model State Regulations Governing the Land Application of Petroleum-Contaminated Soils
by John H. Turner

Have We Sold the Environment Down the River?
by Victoria Verbyla Sutton

Why Congress Should Grant Wilderness Status to the Coastal Plain of the Arctic National Wildlife Refuge, Part II
by Danny L. Eidson

Medical Monitoring Awards Under CERCLA: Statutory Interpretation Versus Fundamental Fairness
by Carmen E. Sessions

RECENT DEVELOPMENTS IN CASE LAW

Fourth Circuit Defines the Extent of the EPA's Power Under the Safe Drinking Water Act and Rejects an Innocent Owner Defense
by Clare Walsh

Ninth Circuit Rejects Narrow Interpretation of "Responsible Corporate Officer"
by Thomas A. Shook

After April Showers, Every Wet Spot May Be Subject to Regulation by the Clean Water Act if a Migratory Bird Stops to Take a Drink
by Kenneth J. Whittington

The Administrative Requirements of the Coastal Zone Management Program: Ogburn-Matthews v. Lobolly Partners
by Parker Barnes

Tenth Circuit Upholds Intent of NEPA in the Face of Strategic Defederalization of Trafficway
by Patrick Smith

Electric Utility Regulatory Reform: The Demise of Alternative Energy
by Robert D. Hazel

Volume Eight, Number Two (Spring 2000)

ARTICLES

Private Actions and Marine and Water Resources:Protection, Recovery, and Remediation
by Randy Lowell

Still Standing? Citizen Suits, Justice Scalia's New Theory of Standing and the Decision in Steel Company v. Citizens For aBetter Environment
by Michael J. Wray

RECENT DEVELOPMENTS IN CASE LAW

Fourth Circuit Allows Double Recovery in Minyard v. Southeastern Chemical & Solvent Co.
by Jennifer A.J. Jordan

Limitations on Compensation of Exonerated Parties for Removal of Oil Discharge Caused by Third Party Vandalism
by Moultrie Robers

Eleventh Circuit Reexamines the "Owner" or "Operator" Requirement of CERCLA and State Law
by Heather Edward-Bohn

A New Standard for Determining Attorney Fees Awards Under Federal Environmental Statutes
by Chip Burn

Constitutionality of Retroactive Liability Under CERCLA
by Rebecca DeTorre

Court of International Trade Orders Commerce Secretary to Sanction Italy for Driftnet Fishing
by Daniel Cude

Property Owners' Rights Continue to Erode in Shell Island Homeowners Ass'n v. Tomlinson
by Bright Ariail

LEGISLATIVE DEVELOPMENTS

The Unified National Strategy for Animal Feeding Operations: Another Federal-State Partnership in Environmental Regulation
by Amy Willbanks

Volume Seven, Number One (Summer 1998)

ARTICLES

Tax Implications of Conservation Easements in South Carolina
by Burnett R. Maybank, III

The Public Trust Doctrine in South Carolina
by Kenneth R. Moss

Coastal Natural Hazards Mitigation: The Erosion of Regulatory Retreat in South Carolina
by Ellen P. Hawes

RECENT DEVELOPMENTS IN CASE LAW

New Trial Ordered in Maryland Wetlands Case
by Stephanie Mitchell

Second Circuit Holds ForestService in Violation of NEPA
by Jason Johnston

Fifth Circuit Decides Novel Issues Regarding CERCLA and Superfund Contribution Suits
by Chad Jenkins

Recovery for Market Stigma Damages May be Allowed for Environmental Pollution
by Michele Lewsky

A United States District Court Defers to the Department of Energy's Judgment in Managing America's Post-Cold War Nuclear Arsenal
by Robert "Sam" Phillips

California Court of Appeals Interprets Environmental Lease Provision in Reasonable Terms
by Clayton Jennings

RECENT DEVELOPMENTS IN ADMINISTRATIVE LAW

The National Low Emission Vehicle Program: A Voluntary Clean Car Effort
by Katie O'Leary

"River Master" Takes Charge
by Christiaan Marcum

The Reformulated Gasoline Case: International Trade's Impact on U.S. Environmental Policy
by Francesca Macchiaverna

Volume Seven, Number Two (Fall 1998)

ARTICLES

Environmental Traps for Contractors
by Leigh Ann K. Epperson

Wetlands Protection — A Goal Without a Statute
by Vickie V. Sutton

Why Congress Should Grant Wilderness Status to the Coastal Plain of the Arctic National Wildlife Refuge, Part I
by Danny L. Eidson

RECENT DEVELOPMENTS IN CASE LAW

Defending the Beachfront Management Act: S.C. Further Erodes Property Owners' Rights
by Mary M. Ryerse

Fourth Circuit Court of Appeals Validates Curative Government Notice
by Karen Ratigan

Mitigation of Civil Penalties Under the Clean Air Act
by R. Kirk Griffin

Trouble in the Forest: Citing Lack of Ripeness, the United States Supreme Court Vacates Sixth Circuit Decision in Ohio Forestry Ass'n v. Sierra Club
by Christian Stegmaier

Supreme Court Defines Derivative Liability, Direct Liability, and Operator Under CERCLA
by Matt Lester

The Taking Provision of the ESA Survives
by Paul E. Sperry

Volume Six, Number One (Summer 1997)

ARTICLES

Global Agreements Regarding Overfishing at Sea
by George D. Haimbaugh, Jr.

A Study of Environmental Politics: The Sandy Island Fiasco
by Kyle Bradford Beall

STUDENT COMMENTS

Leviathan Lurks: Might the National Invasive Species Act of 1996 Actually Authorize Invasion by Proscribed Species?
by David P. Eldridge

A Review of the Constitutionality of CERCLA in the Wake of United States v. Olin Corp.
by Gray B. Taylor

RECENT DEVELOPMENTS IN CASE LAW

Regulatory Determination by the Environmental Protection Agency is Not a Judicially Reviewable Action
by Laura M. Tillitt

EPA Lacks Authority to Approve Indian Tribes' Solid Waste Plans
by Gray B. Taylor

United States Forest Service's Actions Determined "Arbitrary and Capricious" Under the National Environmental Policy Act and the Clean Water Act
by J. Drayton Hastie, III

Sixth Circuit Interprets Scope of Arranger Liability Under CERCLA
by Brett F. Kline

Ninth Circuit Reinstates Natural Resources Damages Action by Federal Government and State of California and Vacates $50 Million Cap on Defendant's Liability
by Alex J. Newton

The Wake of Discriminatory Intent and the Rise of Title VI in Environmental Justice Lawsuits
by Wesley D. Few

RECENT DEVELOPMENTS IN ADMINISTRATIVE LAW

Environmental Protection Agency Announces New National Emission Standards for Hazardous Air Pollutants for Source Categories
by Eric M. Johnsen

The EPA's Implementation of Section 112(G) MACT Standards to Newly Constructed or Reconstructed Major Sources of HAP
by Giampiero Diminich

BOOK REVIEW

The Demise of Environmentalism in American Law Written by Michael S. Greve
reviewed by Robert S. "Trey" O'Neale, III

Volume Six, Number Two (Fall 1997)

ARTICLES

Providing for the Common Defense Versus Promoting the General Welfare: The Conflicts Between National Security and National Environmental Policy
by Tracey Colton Green

Caught in the Web: CERCLA Owner or Operator Liability of Lenders, Shareholders, Parent Corporations, and Attorneys
by Deborah A. Hottel and Michael R. Jeffcoat

Environmental Assessment and the Skye Bridge
by Alexander J. Black

Water Wars: A Discussion of the Edwards Aquifer Water Crisis
by Matthew Carson Cottingham Miles

RECENT DEVELOPMENTS IN CASE LAW

South Carolina Dealt Final Blow by High Court inFight to Limit Out-of-State Hazardous Waste
by Stuart Lee

Extending Standing Under the Endangered Species Act to Include Non-Environmentally Interested Parties
by Emily E. Granzotto

Third Circuit Court of Appeals Denies Standing to Environmental Groups
by Richard L. Renck

Economic Benefit and Diligent Enforcement Issues Pending Appeal
by Meg Kinder

Court Applies Successor in Interest Liability Under CERCLA
by Edward Jason Dennis

D.C. District Court Invalidates the Tulloch Rule
by Sean A. Scoopmire

Tension Between the Judiciary and the Environmental Protection Agency Concerning Interpretation of the Clean Water Act's "Potential to Emit" Clause
by Stephen L. Hall

Liability for Gasoline Spills from Underground Storage Tanks
by Joseph J. Gentry

RECENT DEVELOPMENTS IN ADMINISTRATIVE LAW

Arid Land Ecology Reserve Management Agreement Reached
by B. Sullivan Cooper

An Analysis of Underground Drinking Water Supplies: Legal Environmental Assistance Foundation v. U.S. Environmental Protection Agency
by Carmen Sessions

Acid Rain Program; Nitrogen Oxides Emission Reduction Program
by Christa E. Cox

RECENT DEVELOPMENTS IN LEGISLATIVE LAW

H. 3591: Affirming Traditional Principles of Protection of Private Property and the Environment
by Max Kidalove

Volume Five, Number One (Spring 1996)

ARTICLES

Protecting Owners and Prospective Owners of Contaminated Property from Environmental Liability
by John Adams Hodge

What is Antidegradation Policy: Does Anyone Know?
by John Harleston

STUDENT NOTES

Zoning the Water: Using the Public Trust Doctrine as a Basis for a Comprehensive Water-Use Plan in Coastal South Carolina
by Kelly Lowry

RECENT DEVELOPMENTS IN CASE LAW

Municipal Sewer System Operator is Subject to Liability Under the Comprehensive Environmental Response, Compensation and Liability Act
by David B. Dornak

Environmental Impact Statement Not Required for Importation of Nuclear Fuel Rods
by Stacy L. Stanely

Fourth Circuit Denies Oil Spill Claims
by Veleka Renee Peoples

RECENT DEVELOPMENTS IN ADMINISTRATIVE LAW

Underground Storage Tank Control Regulations: Financial Responsibility
by Cindi Anne Solomon

Volume Five, Number Two (Summer 1997)

ARTICLES

The Pollution Exclusion Saga Continues: Does It Apply to Indoor Releases?
by Thomas K. Bick and Lisa G. Youngblood

STUDENT COMMENTS

Constitutional Law and Sustainable Development in Central Europe: Are We There Yet?
by Mark N. Salvo

South Carolina Battles Against the Department of Energy for Storage of Spent Nuclear Fuel at the Savannah RiverSite
by Douglas J. Rosinski

RECENT DEVELOPMENTS IN CASE LAW

Supreme Court Resolves RCRA Conflict Between Eighth and Ninth Circuits
by Sandra J. Cummings

South Carolina's Attempt to Limit Out-of-State Hazardous Waste Violates Commerce Clause
by Allison Burke

Alabama District Court Rules in Opposition of "Deeply Rooted" CERCLA Principles
by Elizabeth N. Vereen

Contaminated Land Revalued for Tax Purposes
by Michael R. Raley

RECENT DEVELOPMENTS IN ADMINISTRATIVE LAW

The South Carolina Department of Health and Environmental Control Adopts the Universal Waste Rule
by Aaron J. Kozloski

Land Application of Solid Waste: An Alternative to Landfill Disposal
by Robert J. Donaldson, III

RECENT DEVELOPMENTS IN LEGISLATIVE LAW

South Carolina Gets Tough on Swine Farmers
by Trula Mitchell

The South Carolina Environmental Audit and Disclosure Immunity Act of 1996
by Cynthia C. Dooley

BOOK REVIEW

Foundations of Environmental Law and Policy Written by Richard L. Revesz

reviewed by Vernon Sumwalt

Volume Four, Number One (Spring 1995)

ARTICLES

Nollan and Dolan: Exaction Packed Adventures in Takings Jurisprudence
by John P. Seibels, Jr.

STUDENT NOTES

The Role of Risk Assessment, Risk Management, and Risk Communication in Environmental Law
by Sheldon Leigh Jeter

RECENT DEVELOPMENTS IN CASE LAW

South Carolina Supreme Court Upholds Permit For Docks At Rhett's Bluff
by Jackie Graham

Supreme Court Articulates Standard Of Proof In The BattleOver Water Rights: Decree Modifications Require "Substantial Injury"
by Langdon Cheves

Waste Disposal Surcharge Cannot Be Excused From The Negative Commerce Clause Under The Guise Of Compensatory Tax Or Resource Protectionism
by Maria Larosa

"Lenient" Penalty Is Strong Evidence That A State Enforcement Agency's Prosecution Is Not "Diligent" For Purposes Of Section 505 Of The Clean Water Act
by Cindi Anne Soloman

Fourth Circuit Refuses To Exercise Subject Matter Jurisdiction Over StateCommon Law Negligence Claim That Refers To Federal Environmental Statutes
by Dale R. Samuels

Second Circuit's Holding Limits Scope Of Agricultural Exemption Under The Clean Water Act
by Stacy K. Garrett

Third Circuit Holds Pre-CERCLA Indemnity Provision Can Include CERCLA Liability
by Chris Jankowski

Eighth Circuit Finds Decision To Discontinue Herbicide Use In National Forest Does Not Require An Environmental Impact Statement
by Michelle Formyduval

Eighth Circuit Court Of Appeals Upholds Dispute Resolution Provision In Consent Decree
by Robert Derosset

Ninth Circuit Grants Preliminary Injunction In Favor Of Alaskan Subsistence Fishing
by Doug Zayicek

Ninth Circuit Permits Consent Decree Barring Civil Suits Against Exxon
by Christy Noll

Federal Court Finds DHEC Ban On Importation And Acceptance Of Out-of-State Nonhazardous Solid Waste Violative Of Commerce Clause
by Charles H. McDonald

Southern District Of New York Grants Default Judgment Against Dissolved Corporation And Limited Partnership In Clean Water Suit, Holding That Injunctive Relief And Attorneys' Fees Are Available
by Sara E. Kelley

District Court Requires Government To Turn Over Wastewater Test Results
by Lauren Ferrari

Florida Supreme Court Finds Florida's Rules And Regulations Do Not Allow For The Extension Of A Wastewater Treatment Facility's Construction And Testing Permit While An Operating Permit Is Pending
by Theresa M. Thomas.

Virginia Supreme Court Upholds Local Landfill Contract
by Sherrie Sisk

RECENT DEVELOPMENTS IN ADMINISTRATIVE LAW

South Carolina Legislature Approves Solid Waste Regulations During 1995 Session
by Wendi Lee Wilkie; Cindi Anne Solomon

BOOK REVIEW

Analyzing Superfund: Economics, Science, and Law

Reviewed by Robert Derosset

Volume Four, Number Two (Fall 1995)

ARTICLES

Privileges for Environmental Audits: Is Mum Really the Word?
by John Davidson

The Impact of CERCLA on Real Estate Transactions
by Rose-Marie T. Carlisle and Laura C. Johnson

STUDENT NOTES

Federal Preemption of State Tort Law Failure to Warn Claims by FIFRA: Injury Without Relief?
by Brian M. Brown

STUDENT COMMENT

The Environmental Impact on Foreign Territory from a Proposed Federal Action
by Douglas J. Rosinski

RECENT DEVELOPMENTS IN CASE LAW

South Carolina Supreme Court Finds That a Lucas "Taking" Also Applies to Personal Property
by Jamie Mueller

The Authority of the South Carolina Coastal Council
by Russell Traw

Babbitt: "Harm" Includes Habitat Modification Under the Endangered Species Act
by Keith Bloomer

Fourth Circuit Analyzes Constitutionality of Provisions of the South Carolina Infectious Waste Management Act
by Mario S. Inglese

Stormy Seas: Shipper and Carrier Liability in M/V Santa Clara I
by Jim Gilreath

Sixth Circuit Adopts Conservative Standard for Liability of Parent Corporations under CERCLA
by J. Ashley Cooper

RECENT DEVELOPMENTS IN STATE LEGISLATION

1995 South Carolina Legislative Session
by Deborah Davis Hottel

Volume Three, Number One (Winter 1993)

ARTICLES

The Recoverability of Attorney Fees as Costs Under CERCLA
by Robert A. Mullins

The Rise and Fall and Rise and Fall of American Public Policy on Disposal of Low-Level Radioactive Waste
by William F. Newberry

RECENT DEVELOPMENTS IN CASE LAW

Federal Court Holds South Carolina Oil and Gas Exploration, Drilling, Transportation, and Production Act Does Not Provide for Private, Strict Liability Action for Act Violations
by Will D. Fore

Court Holds that Property Causing Nuisance Must Have Beenin Defendant's Control for Liability Under South Carolina Nuisance Law, and InOrder to Survive Summary Judgment, Expert Testimony Must State that the Alleged Injuries "Most Probably" Resulted from Defendant's Actions
by Kim Campbell

Federal District Court Finds Portions of South Carolina Infectious Waste Act Unconstitutional
by Laura Johnson

Fourth Circuit Rejects Argument that Failure to Disclose Oil Spill on Property Exempted Bank from CERCLA "Safe Harbor" Provision
by Dawn Mayhew

Court Holds Consent Order Between DHEC and Bankrupt Party Regarding Remediation Costs Precludes Creditor of Bankrupt Party from Right of Intervention in Suit
by Irma Pringle

South Carolina Construes Pollution-Exclusion Clause in Favor of Insurer: Gradual Pollution Not Covered by "Sudden andAccidental" Language
by Melrose Bradley

Court Finds that Allowing Recovery Under Both State-Law Claims and CERCLA May Result in Double Recovery Because State Law Does Not Contemplate the Restoration of Property Value by CERCLA Cleanup Remedy
by Denise Hamilton

The EPA Failed to Give Adequate Notice and Opportunityfor Comment in Promulgating the "Mixture," "Derived-from," and "Leachate Monitoring" Rules
by Paul White

Fourth Circuit Holds Landowner Not Entitled to Jury Trial on Issue of Liability Under Federal Water Pollution Control Act of 1987 (Clean Water Act)
by Brad Wilbanks

Court Holds Parties Acquiring Property Through Security Interest Do Not Loose CERCLA Liability Exemption for Failure to Disclose Contamination Before Resale
by Airiel King

South Carolina Court of Appeals Challenges South Carolina Supreme Court to Determine Whether Disposal of Toxic or Cancer-Causing Materials is an Abnormally Dangerous Activity
by Tracy Welsh

United States Supreme Court Holds "Take-Title"Provision Unconstitutional
by Cameron Grant Boggs

Insurance Company Held Liable for Cleanup of Contaminated Gas Station Sites
by Jamie Francis

RECENT DEVELOPMENTS IN LEGISLATION

Environmental Protection Fund Act
by Winston Rego

Proposed Legislation Establishing Environmental Compliance History Requirements

Proposed Legislation Dealing with Environmental Equity

ADMINISTRATIVE DEVELOPMENTS

Procedure for Contested Cases

Solid Waste Management

Waste-Management Grants, Recycling-Education Grants, and Waste-Tire Grants

Municipal Solid Waste Landfills: Siting, Design, Construction & Operation

Solid Waste Management: Research, Development, &Demonstration Permit Criteria

Storm Water Management

Dams and Reservoirs

Hazardous Waste Management

Municipal Solid Waste Processing Facilities

Volume Three, Number Two (Fall 1994)

ARTICLES

The Return of Lender Liability Under CERCLA: What Should Lenders Do?
by Eric S. Tresh

Transboundary Pollution Disputes Under The North American Free Trade Agreement
by M. Grace Giorgio

RECENT DEVELOPMENTS IN CASE LAW

Supreme Court Announces New Standard for Takings Claims
by William J. Cook

U.S. Supreme Court Invalidates Clarkstown, New York Solid Waste Disposal Ordinance As Impermissible Regulation of Interstate Commerce
by Sara E. Kelley

Attorney's Fees Unavailable to Private Parties Who Bring Cost Recovery Actions Under the Comprehensive Environmental Response,Compensation and Liability Act (CERCLA)
by Robert DeRosset

Court Establishes State's Right to Condition a Section 401 Certification on Minimum Stream Flow Requirements
by John D. Rhinehart, Jr.

City of Chicago v. Environmental Defense Fund
by Caroline Horlbeck

Government Contractors Are Shielded From Liability Against Landowners When Acting Under the Direction of an Agency
by David C. Slough

James City County v. EPA
by Todd Thigpen

Suit to Review Court Holds That Enforcement of Wetlands Regulations by the Army Corps of Engineers Is Barred Unless Final,Enforceable Agency Action
by Irma R. Pringle

Fourth Circuit Holds That Hazardous Byproducts Not Immediately Recycled for Use in the Same Industry Can Constitute Solid Waste Under RCRA
by Christopher B. Staubes, III

DEVELOPMENTS IN LEGISLATION

Summary of 1994 Environmental Legislation

ADMINISTRATIVE DEVELOPMENTS

The Reorganization of South CarolinaEnvironmental Agencies

Temporary Operating Procedures For the Administrative Law Division
by Robert M.P. Masella

Title V Operating Permit Program
by M. Grace Giorgio & Cherie L. Rogers

Volume Two, Number One (Winter 1992)

ARTICLES

Protecting South Carolina's Environment ThroughLocal Government Land Use Regulation
by Kenneth C. Driggers and David A. Savage

The Coast is Clear: Lucas Court Sheds Lighton Regulatory Takings
by Gerald M. Finkel and Gilbert Scott Bagnell

Lucas and The Rebirth of Lochner
by Cotton Harness

RECENT DEVELOPMENTS IN CASE LAW

Sixth Circuit Holds Managers as Well as Owners Responsible for RCRA Violations Regardless of Knowledge
by Kathryn Walsh Henthorne

Second Circuit Affirms FERC's Grant of a License to Construct and Operate a Hydroelectric Power Station
by Jill Waldman

Fourth Circuit Overturns EPA's Veto of Army Corps of Engineer's Permit Decision
by Heather Caison

Supreme Court Strikes Down "Take Title" Provision of Compact Act
by John Delmore

Fourth Circuit Holds "Ebb and Flow" Test Correct for Defining Navigable Waters Under the Interstate Commerce Power
by W. Darnell Newton

D.C. Circuit Upholds District Court Injunction Against the Department of the Interior's Order Allowing Deposit of Hazardous Waste in an Experimental Underground Facility
by Stacey M. Todd

United States Supreme Court Holds That State Taxon Out-of-State Waste Violates the Commerce Clause
by Jeff Davis

South Carolina Supreme Court Interprets Whistleblower Statute
by Heidi Brown

Fourth Circuit Finds That to Establish Standing,Environmental Injury Plaintiffs Need Only Show "Fairly Traceable" Causation by Establishing the Defendant's Pollution "Causes or Contributes to the Kinds ofInjuries Alleged"
by Jim Irvin

Strict Liability for Ultra-Hazardous Activity Applies to the Transportation, Storage, and Disposal of Hazardous Chemicals in South Carolina
by Kim Campbell

RECENT DEVELOPMENTS IN LEGISLATION

Continuation of Use of Barnwell CountyFacility as the Disposal Site for the Southeast Interstate Low-Level Radioactive Waste Compact
by Dan Farnsworth

South Carolina Water Quality Revolving Fund Authority

Revisions to State Agency Rule Making Procedures

Volume Two, Number Two (Summer 1993)

ARTICLES

A Historical Perspective On Criminal Enforcement: Commitment to Environmental Enforcement: The Next Generation
by Travis Medlock

An Overview of Present Law, Part 1: South Carolina Environmental Crime: How State and Federal Statutes Differ
by Robert Deeb

An Overview of Present Law, Part 2: Environmental Criminal Liability
by Robert Deeb

Practical Considerations of Enforcement: The United States Attorney's Policy Towards Criminal Enforcement of Environmental Laws
by J. Preston Strom, Jr.

Volume One, Number One (Winter 1991)

ARTICLES

"No Hazardous Waste Allowed": A Review of the Constitutional Issues Raised by South Carolina's Restrictions on Out-of-State Hazardous Waste
by Ethan R. Ware

South Carolina's Hazardous Waste Problem: An Environmentalist's View
by James S. Chandler, Jr., Robert Guild, and Peter Tepley

Hazardous Waste Management in South Carolina:Challenges and Opportunities
by Robert W. King, Jr., Claire H. Prince, and Carlisle Roberts, Jr.

RECENT DEVELOPMENTS IN CASE LAW

S.C. Supreme Court Holds That the Constitutional Guarantees of Due Process Apply to Hearings Under the Administrative Procedures Act

Fourth Circuit Court of Appeals Holds That Beachfront Management Act Does Not Violate the Due Process or Takings Clause

S.C. Supreme Court Holds that 1988 Beachfront Management Act's Prohibitions on Constructions do Not Constitute Taking

S.C. Supreme Court Determines That Denial of Permit is Not Unconstitutional Taking

Maryland Federal District Court Holds Owner and Operator of Property Liable for Contamination Under CERCLA

EPA Control Over Water Quality Management Upheld

Under North Carolina Law, the Term "Suddent"in a Pollution Exclusion Clause is not Synonymous With "Accidental"

Counterclaims for Contribution Not Allowed Under CERCLA Against Federal and State Governments

Certain Defenses are Unavailable Under CERCLA

Fourth Circuit Refuses to Grant Relief When Exposure to Toxic Chemicals Does Not Result in Damages

Court Prohibits Replacement of Three-WayCatalytic Converters With Less Effective Converters

RECENT DEVELOPMENTS IN LEGISLATION

South Carolina Solid Waste Policy and Management Act of 1991

Stormwater Management and Sediment Reduction Act

Prohibition on Cleaning Agents Containing Phosphates

South Carolina Recreational Fisheries Conservation and Management Act of 1991

South Carolina Conservation Easement Act of 1991

Location of Hazardous Waste Management Facilities

Expanded Criminal Jurisdiction Over Coastal Waters

Water Classifications and Standards for Toxic Substances

Toxic Air Pollution Control Standards

Infectious Waste Management

Development of Subdivision Water Supply, Sewer Treatment,and Disposal Systems

Volume One, Number Two (Summer 1992)

ARTICLES

The South Carolina Solid Waste Policy and Management Act of 1991
by Sara S. Rogers

The State of Stormwater Regulations in South Carolina
by Gwendelyn Geidel

Bad Boy Environmental Legislation: A Necessary Regulatory Tool for South Carolina
by Gary W. Poliakoff

NOTE

Environmental Claims in Bankruptcy
by Robert E. August

RECENT DEVELOPMENTS IN CASE LAW

United States Supreme Court Rules of Lucas Case

United States Supreme Court Strikes Down MichiganRestriction on Out-of-State Waste

Courts Must Defer to the EPA's Reasonable Interpretation of CERCLA's Reimbursement Provision

Affidavits of Members Are Sufficient to Establish Standing For NRDC

Court Rejects EPA's Argument that Parties Should have Anticipated the Mixture and Derived-From Rules Under RCRA

Due Process Requires Notice of EPA's Intent to File aLien and Pre-Deprivation Hearing Under CERCLA

Section 502(e)(1)(B) of the Bankruptcy Code Does Not Bar Creditor's CERCLA Claim for Future Cleanup Costs

Regulatory Conduct Cannot be the Basis for a Contribution Counterclaim

Power to Require Responsible Parties to Reimburse the State for Hazardous Waste Cleanup Not Preempted by CERCLA

Persons Associated with Businesses Affected by the Coastal Council's Regulations May Serve as Members of the Coastal Council

Federal Courts Maintain Subject Matter Jurisdiction Over Citizen Suits Pursuant to SMCRA

RECENT DEVELOPMENTS IN LEGISLATION

Creation of the South Carolina Water Quality Revolving Fund Authority

DHEC to Provide Public Comment Procedures Before Issuing Permits to Discharge Waste or Air Contaminants

The Toxics Use Reduction Act

Statute of Limitations Regarding Asbestos in Public Buildings

Government Agency Recycling Act

Regulation of the Use of Certain Beverage Containers: The "Bottle Bill"

Public Hearings on Establishing Landfills