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No outside sources are required or expected, but you may consult what you wish. Read the questions and answer what is asked. Be concise and keep your response focused. Provide clear statements of the issues and analyze them succinctly. If you chose to use any material outside of the assigned readings or materials (including statute sections) handed out in class, please provide a citation. If, in order to make a point, you feel you must make an assumption, resolve an ambiguity, or identify missing information, then please do so by clearly stating the assumption, ambiguity, or missing information and your handling of it. The questions are weighted as indicated below. Do not rewrite the question, but do indicate the number of the question and the subpart.
Based on the assigned reading in Percival and the materials (including statute sections) handed out in class, answer the following questions:
Discuss the two-step process set out by the Supreme Court in Chevron v. NRDC that a court is to apply in determining whether to uphold an agency’s interpretation of a statute. Do you agree that courts should defer to an agency’s interpretation when the statute at issue is ambiguous? Why?
State whether each of the following is a hazardous waste and give the reason for your answer:
Toxic cleaning products, in powder form, washed down the drain at a private residence into a domestic sewage system.
The corrosive byproduct of a manufacturing process that the generator (original manufacturer) intends to reuse immediately as part of its manufacturing process.
Discarded drum half full of industrial cleaning solution, in liquid form, that is “reactive”
Agricultural irrigation return flows
Question # 3
At page 332 Percival quotes an EPA staffer’s view that “the RCRA system is both overinclusive and underinclusive.” Explain what you believe the EPA staffer means and use specific examples of RCRA’s overinclusivity and underinclusivity.
In what ways do CERCLA’s liability provisions go beyond the scope of responsibility under traditional common law principles? Please address the following in your answer:
The standard of liability applied
The range/type of parties that can be held liable
Types of damages recoverable
In the Bestfoods case, the U.S. Supreme Court set out two distinct tests for holding a shareholder liable under CERCLA. Explain the two tests. Describe the important difference between the two tests relating to the focus (or target) of the contacts (or actions) by the parent company.
Sources/readings to answer these questions will be uploaded soon.