Annotated Bibliography

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Annotated Bibliography Shakhzodbek Makhkamov ENGL 1130 November 17, 2023

1. The Activism of Climate Change 2. How does CERCLA protect the environment from exposure to hazardous substances? Sub-questions: - How successful is the hazardous waste management framework in meeting its specified purposes to protect environment and what factors impact their compliance and implementation? - Who truly performs environmental law compliance in the field of hazardous waste disposal and within what statutory principles? 3. Business law is my area of study at Douglas College. My dissertation (2020) was on environmental law, which is why I chose this topic since I am more knowledgeable about it. I have an interest in environmental law. While I was an undergraduate at the University of Westminster (LLB), I conducted research on "Civil Liability for Damage Caused to the Environment by Hazardous Waste" and compared some important aspects with the UK. 4. CERCLA (The Comprehensive Environmental Response, Compensation, and Liability Act) is most pivotal as an environmental reform program – as CERCLA not only helps to make sure that the necessary actions to prevent the negative effects of hazardous waste are taken, but also to hold the parties responsible subject to hefty fines and various penalties. Its purpose is to identify sites where hazardous materials threaten the environment and or public health as a result of leakage, spillage, or general mismanagement.

Kathiann Kowalski. (1985). ‘WHY CAN'T WE JUST SETTLE THESE SUPERFUND CASES ONCE AND FOR ALL? ’ Virginia Journal of Natural Resources Law. Volume (5). https://www.jstor.org/stable/24782358?seq=1#metadata_info_tab_contents Kathiann points out in his research notes that ‘‘Environmental Protection Agency frequently carries out negotiations of Superfund with an institution named a steering council. These councils are panels of members of a wider body of PRP’s engaged with a specific hazardous waste location.’’ He analyses how they are organized, what the councils do and how they operation, how they protect citizens and the environment, why they entered subsistence, influence of CERCLA. This research claims that the achievement of CERCLA substantially relies on efficiency of such committees. In addition, his research implies that ‘‘… the proportion of arbitration malfunctions might be minimized with further EPA support to commissions that are unable to negotiate a settlement.’’ He provides specific recommendations for consideration with EPA. It is valuable to note which this is a significant examination of a topic usually neglected in the literature of Superfund.

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David M. Bearden. (2012). Comprehensive Environmental Response, Compensation, and Liability Act: A Summary of Superfund Cleanup Authorities and Related Provisions of the Act. https://crsreports.congress.gov/product/pdf/R/R41039 To prioritize cleanup actions, CERCLA directed EPA to establish and maintain a National Priorities List (NPL) of the most contaminated sites in the United States which present the greatest risks to human health and the environment. The NPL includes both non-federal sites and federal facilities that are deemed to present a sufficient level of risk to warrant listing. EPA may require the potentially responsible parties to directly perform or pay for cleanup actions themselves. Alternatively, EPA may clean up a contaminated site up-front with appropriated Superfund monies and later recover those funds from the potentially responsible parties (with the exception of the cleanup of federal facilities which must be funded up-front by the administering agencies). In the event that the potentially responsible parties cannot pay or cannot be found, appropriated Superfund monies may be used to pay the orphan shares of cleanup costs at a site, under a cost-sharing agreement with the state in which the site is located. The purpose of using these sources is when I will present my arguments, it provides me credibility (whose work is important in the discussion of this topic) and to provide me a framework to present my own thought. These sources are basically support my arguments, provided by David and Kathiann who performed research earlier on CERCLA. Also, I am basing my research on previous research published in top journals, my argument becomes stronger and well supported.

Annotated Bibliography

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