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The National Environmental Policy Act (NEPA), enacted in 1970, requires federal agencies to analyze the environmental effects of all proposed major Federal actions significantly affecting the quality of the human environment. Because the law is so broadly written and has wide application, it is impossible to understand how to comply with NEPA merely by reading the statute. In addition to the statute, NEPA'S implementing regulations written by the Council on Environmental Quality must be consulted as well as the relevant judicial decisions and regulations of individual federal agencies. This book draws together these various sources of NEPA law and presents the law in a clear and readable format designed to be both a practical reference and guide to compliance with the NEPA process and a comprehensive legal analysis of every aspect of NEPA law. Among the topics addressed by the author are the criteria that make a project subject to NEPA and the procedures mandated by NEPA and its regulations. Issues that frequently arise in NEPA legislation such as standing, ripeness, mootness, and exhaustion of administrative remedies receive extended treatment as do the scope of remedies available under NEPA. The author then provides a complete review and analysis of three state statutes with similar purposes to NEPA and compares them with NEPA. She also includes detailed instructions on the preparation of environmental assessments, environmental impact statements, and supplemental environmental impact statements. The volume concludes by examining major themes in NEPA law. An indispensable handbook for attorneys who deal with environmental transactions and litigation, and for people who prepare NEPA documentation, this book will also be an invaluable reference for members of citizens' groups interested in participating meaningfully in the NEPA process.
This practical book guides the reader through Superfund Law. Superfund is the common name for the Comprehensive Environmental Response, Compensation and Liability Act, which established a national program for cleaning up the nation's abandoned and uncontrolled hazardous waste sites. Superfund changed the way the United States conducts business by imposing substantial liability on present and past owners and operators of contaminated sites and on generators and transporters of hazardous substances to those sites. By examining the Superfund liability scheme, Fogleman provides businesses and individuals with the necessary knowledge to aid in avoiding Superfund liability. She provides a road map through the Superfund program, the Environmental Protection Agency's enforcement and settlement procedures, and Superfund litigation. After reviewing the legislative history of Superfund and its amendments, Valerie M. Fogleman examines the Superfund program from discovery of a contaminated site through its cleanup. She describes the EPA's enforcement and settlement procedures, and Superfund litigation by governmental and nongovernmental entities. Fogleman analyzes Superfund liability and defenses to liability of persons and entities that are potentially responsible for conducting or bearing the cost of cleanups and damages to natural resources. These potentially responsible parties include almost all persons and entities in the American business community including corporations, corporate officers, directors, and employees, lenders, and governmental entities. This book is an important resource for lawyers and businessmen who seek a one-volume comprehensive and practical guide to Superfund law and liability.
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