By Michael B. Gerrard

In "Whose yard, Whose Risk", environmental attorney, professor, and commentator Michael B. Gerrard tackles the thorny factor of the way and the place to eliminate damaging and radioactive waste. Gerrard, who has represented dozens of municipalities and group teams that experience fought landfills and incinerators, in addition to businesses looking allows, analyzes an issue that has generated a major volume of political clash, emotional discomfort and transaction bills. He proposes a brand new method of waste disposal that comprises neighborhood regulate, country accountability and nationwide allocation to deal comprehensively with a number of waste streams. Gerrard attracts at the literature of legislation, economics, political technological know-how, and different disciplines to investigate the household and foreign origins of wastes and their disposal styles. in response to a examine of the various mess ups and few successes of prior siting efforts, he identifies the fallacious assumptions and coverage mistakes that experience helped doom siting efforts. Gerrard first describes the several types of non-radioactive and radioactive wastes and the way each one is generated and disposed of. He explains old and present siting judgements and considers the consequences of the present mechanisms for making these judgements (including the hidden economics and psychology of the siting process). A typology of allow ideas unearths the divergence among what underlies so much siting disputes and what environmental legislation truly safeguard. Gerrard then seems at proposals for facing the siting hindrance and examines the successes and screw ups of every. He outlines a brand new replacement for facility siting that mixes a political resolution and a criminal framework for implementation. A hypothetical instance of the way a siting determination should be made in a selected case is gifted in an epilogue.

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Additional info for Whose backyard, whose risk: fear and fairness in toxic and nuclear waste siting

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The shipment from Germany led to protests from the Hawaii state legislature and throughout the South Pacific, but incineration at Johnston Atoll proceeded. S. 83 At an additional eighty-two locations around the country (most but not all of which are on military installations), old chemical warfare materiel was buried or otherwise left behind before 1970. S. 87 This sort of material was once simply taken into the desert and blown up, or dumped in the ocean, but sounder techniques are now being sought.

Part I sets the stage. Within it, chapter 2 arrays the different kinds of nonradioactive wastes and describes how each is generated and disposed of. Chapter 3 does the same for radioactive wastes. Chapter 4 explains how siting decisions have been made, both historically and today, under federal and state laws, and how old substandard facilities remain open under grandfather clauses. The many permit rules are presented in a typology that reveals the divergence between what underlies most siting disputes and what the environmental laws actually protect.

Indeed, certain elements of the two main pollution control laws, the Clean Air Act and the Clean Water Page 20 Act, have not so much eliminated pollution as consolidated it in residues that require their own disposal. " 117 One prominent example is sewage sludgea by-product of sewage treatment plants. 119 Sludge disposal is especially difficult for metropolitan areas with little nearby agricultural land. New York City, for example, historically dumped its sewage sludge in the Atlantic Ocean. 128 Ash is another residue of certain kinds of pollution control.

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