Hazardous waste pollution: the need for a different statutory approach
Journal Article
·
· Environ. Law; (United States)
OSTI ID:5674904
Hazardous waste disposal problems have grown considerably over the years and have been magnified by the inadequacy of common law remedies and federal statutory controls. Evidentiary burdens make utilization of statutory enforcement provisions time-consuming and expensive. Government resources for seeking injunctive relief are minuscule compared to the magnitude of the national hazardous waste problem. Hazardous waste contamination victims are inadequately compensated for their injuries because they are forced to utilize cumbersome common law remedies. As a result, industry continues to pollute with impunity and groundwater resources become increasingly threatened. The federal government must address the hazardous waste problem with a comprehensive approach. Regional waste treatment and disposal facilities designed and sited under rigid criteria would provide an economical, profitable, and environmentally sound way to dispose of hazardous waste and protect the groundwater resource. A compensation fund for personal medical injuries, similar to the fund already established for natural resource damage, could provide relief to persons injured by hazardous waste exposure when no financially viable defendant exists. Finally, the creation of a federal toxic tort based upon strict liability, joint and several liability, and liberalized causation requirements would provide plaintiffs with the opportunity to seek redress for their injuries unencumbered by the burdens of common law litigation.
- Research Organization:
- Nova Univ. Center for the Study of Law
- OSTI ID:
- 5674904
- Journal Information:
- Environ. Law; (United States), Journal Name: Environ. Law; (United States) Vol. 12:2; ISSN EVLWA
- Country of Publication:
- United States
- Language:
- English
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