Following is the course description as contained in the Manual of Policies
and Procedures of Capital University Law School.
HAZARDOUS WASTE LAW AND POLICY (2 credits) This course
will focus on two major federal environmental statutes: the Comprehensive
Environmental Response, Compensation and Liability Act (otherwise know
as the A Superfund law), and the Resource Conservation and Recovery
Act. CERCLA establishes liability for past disposal of hazardous substances,
while RCPA regulates the present and future handling of hazardous wastes. The
course will begin with an introduction to the problem of hazardous waste,
including a discussion of its effects on human health and the environment. It
will then examine RCRAs cradle-to-grave regulation of hazardous waste,
from its generation, to it transportation, to its eventual disposal. Related
issues of administrative process, judicial review of agency action,
government enforcement and citizen suits will also be addressed. The
course will next explore in detail CERCLA cleanup process, liability
scheme, including such contemporary issues as the liability of successor
and parent corporations, lenders, and individual corporate officers
and shareholders. Finally, the course will address defenses to
CERCLA liability and the settlement of CERCLA liability suits. Prerequisites: 620,
621, 780.
