Southeastern Environmental Law Journal
Journal Index
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
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