Rethinking Risk-Based Environmental Cleanup
37 Pages Posted: 27 Mar 2009
Date Written: March 27, 2009
Abstract
This Article provides both a specific critique of existing environmental cleanup programs and a general analysis of the policy concerns and tools necessary to implement a proper use-restricted cleanup program. First, it argues that there are no means available for either predicting or legally restricting the use of property as required by existing use-restricted cleanup programs. As a result, the use of partially cleaned property may change in an unanticipated way, resulting in greater exposure to contaminants and greater harm to human health than is currently allowed by law. While existing use-restricted programs fail to protect human health and the environment, the cost savings associated with restricted cleanups are substantial.
Keywords: Environmental law, environmental justice, risk, risk-based cleanup, institutional controls
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