Abstract
This LL.M. thesis undertakes a comprehensive comparative analysis of liability regimes for the unappropriated disposal of hazardous waste across three different regulatory frameworks — (1) United States federal regulations, (2) European Union initiatives, and (3) regulations imposed by the Council of Europe — in transnational waste cases. In particular, the work examines the Resource Conservation and Recovery Act (RCRA), the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the European Union's proposed Waste Liability Directive, and the Council of Europe's Convention on Civil Liability for Damage Resulting from Activities Dangerous to the Environment. The work traces the historical development of environmental law from its constitutional and treaty foundations through the evolution of regulatory frameworks, analyzes the United States federal scheme — including what can be deemed hazardous waste under the the RCRA and CERCLA, what liability can be conferred under the statutes for hazardous waste disposal, and possible defenses to such liability — and examines the European regulatory landscape from the expansion of Community environmental competence following the 1972 Stockholm Conference through the adoption of the Single European Act and, eventually, the Maastricht Treaty. The work discusses various waste-related Directives and Environmental Action Programs set forth by the Council of Europe, including the Waste Liability Directive.
Repository Citation
Boel, Werner, "Levels of Liability for Damage to the Environment Caused by Waste: A Comparative Study of the Law in the United States and in Europe" (1994). LLM Theses and Essays. 345.
https://digitalcommons.law.uga.edu/stu_llm/345