Footing The Bill For Superfund Cleanups
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Author | : Katherine N. Probst |
Publisher | : Brookings Institution Press |
Total Pages | : 194 |
Release | : 2010-12-01 |
Genre | : Business & Economics |
ISBN | : 9780815715689 |
One of the difficulties associated with Superfund—the federal government's program for cleaning up toxic waste sites in the United States—is the poor understanding we have about who is actually bearing its costs. While it is known that the tax on chemical and petroleum feedstocks raises about $570 million annually for the Superfund Trust Fund and the corporate environmental tax raises another $460 millino each year, further reliable data are only now becoming available. Researchers are beginning to understand how much potentially responsible parties and their insurers are spending on both transaction costs and on-site cleanups. Unfortunately, this is only the first part of the puzzle. Ultimately, these costs are borne by individuals--as consumers of the products or services provided or as share- or bond-holders, employees, or managers of the company. To date, no one has attempted to estimate the distribution of initial costs under the Superfund liability system or examined carefully the indirect effects of the costs of the Superfund program on other industries. In this book, the authors develop information on who pays the costs and who bears the burden under the current liability scheme in Superfund on a site-by-site basis. They look at short-term financial implications of changes in liability and taxes on key sectors affected by Superfund: chemicals, oil, mining, wood preserving, and commercial property-casualty insurers. They analyze the incidence of different taxing mechanisms and compare and contrast the financial effects on specific industries of the current Superfund program and of several alternative lability and tax-based funding mechanisms available. The alternative liability approaches examined include a scenario in which liability is eliminated for all sites created before Superfund was enacted, as well as a scenario in which parties are released from liability at sites where municipal and industrial wastes were codisposed. Because any change in liability will require a corollary change in trust fund revenues, the authors also assess the economic implications of a variety of taxes that could be used to finance the creation of a larger trust fund for site cleanups. These include an increase in the corporate environmental tax and the implemenation of new taxes, such as an excise tax on commercial insurance. Don Fullerton is a professor of economics and public policy at Carnegie Mellon, H. John Heinz III School of Public Policy and Management. Robert E. Litan, is a senior fellow at Brookings, and formerly was deputy assistant attorney general in the Antitrust Division of the U.S. Department of Justice. Paul R. Portney is vice president and senior fellow at resources for the Future. Katherine N. Probst is a fellow in the Center for Risk Management at Resources for the Future.
Author | : Roger Meiners |
Publisher | : Routledge |
Total Pages | : 490 |
Release | : 2018-02-06 |
Genre | : Law |
ISBN | : 135128942X |
Hundreds of hazardous waste sites are on the Superfund National Priority List in the United States, and thousands more could become eligible. The Superfund has spent or ordered the spending of billions of dollars, with little apparent impact on human health risks. While public perception of the real or imagined hazardous nature of consumer and industrial substances has resulted in widespread attention to the issue, lawsuits have proliferated with liability aimed at "deep pockets" instead of individual agents who may be responsible. Contributors to Cutting Green Tape carefully examine the existence and severity of the toxic harms and liability problem, the erosion of a clear tort legal system to settle disputes, and whether a clearly defined system of property rights could be developed to reduce the dangers from toxic substances.Cutting Green Tape rethinks the nature and impact of today's environmental bureaucracy. Rather than continue unworkable, cumbersome, and often contradictory regulations, Cutting Green Tape prescribes a clearer tort legal system to settle disputes and demonstrates that clearly defined environmental property rights would reduce the threat of toxic substances. Among the many topics addressed are: air toxins policy; pollution, damages, and tort law; risk assessment, insurance, and public information; protecting groundwater; regulation of carcinogens; contracting for health and safety; and toxin torts by government.The book converges on a central theme: when common law remedies, with their burden of proof and standards of evidence, are replaced by the legislatively mandated regulatory regimes described, a problem emerges. The bureaucratic "tunnel vision" described by Justice Stephen Breyer, tends to take over. The police powers of the state are given to bureaucratic decision makers who are limited only by the blunt instrument of political influence, rather than by the need to show harm or wrongdoing in an unbiased court (as the police are), or by a budget on expenditures set by the Congress (as most bureaus are). The excesses described in the chapters thus result not from incompetence in the bureaus, but from the expansive powers granted to decision makers who are tightly focused on the narrow mission they see before them.
Author | : Katherine Probst |
Publisher | : Routledge |
Total Pages | : 330 |
Release | : 2010-09-30 |
Genre | : Business & Economics |
ISBN | : 1136523820 |
First Published in 2001. Routledge is an imprint of Taylor & Francis, an informa company.
Author | : Benjamin J Richardson |
Publisher | : Oxford University Press |
Total Pages | : 624 |
Release | : 2008-06-30 |
Genre | : Law |
ISBN | : 0199715459 |
Environmental harm is commonly associated with companies that extract, consume, and pollute our shared natural resources. Rarely are the 'unseen polluters,' the financiers that sponsor and profit from eco-damaging corporations, placed at the forefront of the environmental debate. By focusing on these unseen polluters, Benjamin Richardson provides a comprehensive examination of socially responsible investment (SRI), and offers a guide to possible reform. Richardson proposes that greater regulatory supervision of SRI will help ensure that the financial sector prioritizes ethically-based investments. In Socially Responsible Investment Law, he suggests that new governmental reforms should encourage companies to participate in socially responsible investments by providing a better mix of standards and incentives for SRI through measures that include redefining the fiduciary responsibilities of institutional investors to incorporate environmental concerns. By doing so, Richardson posits that corporate financiers, including banks, hedge funds, and pension plans, will become more accountable to the goals of ensuring sustainable development.
Author | : United States. Congress. House. Committee on Commerce. Subcommittee on Commerce, Trade, and Hazardous Materials |
Publisher | : |
Total Pages | : 418 |
Release | : 1996 |
Genre | : Law |
ISBN | : |
Author | : Eric M. Patashnik |
Publisher | : Cambridge University Press |
Total Pages | : 254 |
Release | : 2000 |
Genre | : Business & Economics |
ISBN | : 9780521777483 |
In the United States many important programs are paid from trust funds. At a time when major social insurance funds are facing insolvency, this book provided the first comprehensive study of this significant yet little-studied feature of the American welfare state. Equally importantly, the author investigates an enduring issue in democratic politics: can current officeholders bind their successors? By law, trust funds, which get most of their money from earmarked taxes, are restricted for specific uses. Patashnik asks why these structures were created, and how they have affected political dynamics. He argues that officeholders have used trust funds primarily to reduce political uncertainty, and bind distant futures. Based on detailed case studies of trust funds in a number of policy sectors, he shows how political commitment is a developmental process, whereby precommitments shape the content of future political conflicts. This book will be of interest to students of public policy, political economy and American political development.
Author | : Benjamin Richardson |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 418 |
Release | : 2002-02-13 |
Genre | : Law |
ISBN | : 9041117350 |
This book takes a comparative perspective of practice in the European Union, North America, Japan and Australasia, arguing that existing legal reforms to promote sustainable development are unlikely to be successful unless environmental policy can be diffused and embedded in the financial services sector. This sector plays a crucial role in creating the financial conditions that allow much economic development to proceed. Financial markets are already highly regulated in pursuance of various public policy objectives, and there is scope to adapt existing regulation to incorporate environmental aspects into the financial services sector. In terms of specific reforms, the book focuses on the role of corporate environmental reporting, economic instruments and liability rules to provide a proper context for engaging financial organisations with the environment, as well as reforms to the system of prudential regulation that currently governs this sector. Beyond the focus on the financial services sector, the book raises complex questions regarding the relationship between the state and market institutions in environmental policy, and will appeal to scholars from a wide range of disciplines interested in problems of environmental governance.
Author | : National Research Council |
Publisher | : National Academies Press |
Total Pages | : 317 |
Release | : 2007-11-30 |
Genre | : Science |
ISBN | : 0309109779 |
Some of the nation's estuaries, lakes and other water bodies contain contaminated sediments that can adversely affect fish and wildlife and may then find their way into people's diets. Dredging is one of the few options available for attempting to clean up contaminated sediments, but it can uncover and re-suspend buried contaminants, creating additional exposures for wildlife and people. At the request of Congress, EPA asked the National Research Council (NRC) to evaluate dredging as a cleanup technique. The book finds that, based on a review of available evidence, dredging's ability to decrease environmental and health risks is still an open question. Analysis of pre-dredging and post-dredging at about 20 sites found a wide range of outcomes in terms of surface sediment concentrations of contaminants: some sites showed increases, some no change, and some decreases in concentrations. Evaluating the potential long-term benefits of dredging will require that the U.S. Environmental Protection Agency step up monitoring activities before, during and after individual cleanups to determine whether it is working there and what combinations of techniques are most effective.
Author | : Terry Lee Anderson |
Publisher | : Hoover Press |
Total Pages | : 356 |
Release | : 2000 |
Genre | : Environmental policy |
ISBN | : 9780817997533 |
Author | : Anthony Heyes |
Publisher | : Edward Elgar Publishing |
Total Pages | : 432 |
Release | : 2001-01-01 |
Genre | : Law |
ISBN | : 9781843762935 |
. . . their collection together here represents a valuable addition to the library of those who are concerned with studying, teaching analysing, practicing, or making, environmental law as well as students and practitioners of environmental economics. David Hadley, The Economic Journal The exploration of the basic economics of externalities and the basic common law doctrines and institutions for dealing with externalities constitute a "first generation" of economic analysis of environmental law. The present book of essays illustrates the "second generation" of economic analysis of environmental law. The fundamental economic issues, and the common law, are no longer the focus. The lessons of the "first generation" have been absorbed and transcended. The focus has shifted to the level of application, which is the level at which the economist and the lawyer-economist can best hope to influence policy. We are making progress and the essays in this volume will do much to assure that progress continues. From the foreword by Richard A. Posner, United States Court of Appeals for the Seventh Circuit and University of Chicago Law School, US One of the most exciting and productive areas of research in environmental policy is resulting from the integration of the traditionally separate fields of environmental economics and law and economics. This book brings together the top researchers engaged in this enterprise to share the useful insights that are emerging. Both in terms of the scope of coverage and the depth of analysis this is an absolutely first-rate book. Tom Tietenberg, Colby College, Maine, US This outstanding book focuses on how economics can contribute to the design, implementation and appraisal of legal systems that create the right incentives for environmental protection. The sixteen original and specially commissioned contributions written by some of the leading names in their field span many of the important areas of contemporary interest and employ case study material combined with theoretical, empirical and experimental research. The book addresses many topical issues including: the fundamental notions of property rights and social norms; the design and implementation of civil liability regimes; the use of criminal law as an instrument of environmental policy; the role that citizen suits, self-monitoring and self-enforcement could and should play in the implementation of law; the international harmonisation of environmental law; and the treatment of environmental damages in courts. Cutting-edge economic technique is motivated by, and articulates with, real and pressing policy debates. The contributors refer to a range of legal cases and policy decisions, and draw out a host of policy implications and prescriptions for settings as diverse as Superfund reform in the US and the harmonisation of landfill regulations in the European Union. By combining incisive overviews of the latest thinking and results, complemented by original analysis, The Law and Economics of the Environment will appeal to researchers and students of the environment, law and economics, policy practitioners and those with an interest in knowing what constitutes good environmental law.