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Michael Gerrard - Whose backyard, whose risk: fear and fairness in toxic and nuclear waste siting

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    Whose backyard, whose risk: fear and fairness in toxic and nuclear waste siting
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In Whose Backyard, Whose Risk, environmental lawyer, professor, and commentator Michael B. Gerrard tackles the thorny issue of how and where to dispose of hazardous and radioactive waste. Gerrard, who has represented dozens of municipalities and community groups that have fought landfills and incinerators, as well as companies seeking permits, analyzes a problem that has generated a tremendous amount of political conflict, emotional anguish and transaction costs. He proposes a new system of waste disposal that involves local control, state responsibility and national allocation to deal comprehensively with multiple waste streams. Gerrard draws on the literature of law, economics, political science, and other disciplines to analyze the domestic and international origins of wastes and their disposal patterns. Based on a study of the many failures and few successes of past siting efforts, he identifies the mistaken assumptions and policy blunders that have helped doom siting efforts. Gerrard first describes the different kinds of non-radioactive and radioactive wastes and how each is generated and disposed of. He explains historical and current siting decisions and considers the effects of the current mechanisms for making those decisions (including the hidden economics and psychology of the siting process). A typology of permit rules reveals the divergence between what underlies most siting disputes and what environmental laws actually protect. Gerrard then looks at proposals for dealing with the siting dilemma and examines the successes and failures of each. He outlines a new alternative for facility siting that combines a political solution and a legal framework for implementation. A hypothetical example of how a siting decision might be made in a particular case is presented in an epilogue.

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title Whose Backyard Whose Risk Fear and Fairness in Toxic and Nuclear - photo 1

title:Whose Backyard, Whose Risk : Fear and Fairness in Toxic and Nuclear Waste Siting
author:Gerrard, Michael.
publisher:MIT Press
isbn10 | asin:0262071606
print isbn13:9780262071604
ebook isbn13:9780585002729
language:English
subjectHazardous waste sites--Location--Government policy--United States, Hazardous waste sites--Government policy--United States.
publication date:1994
lcc:HD4483.G47 1994eb
ddc:363.72/87/0973
subject:Hazardous waste sites--Location--Government policy--United States, Hazardous waste sites--Government policy--United States.
Page iii
Whose Backyard, Whose Risk
Fear and Fairness in Toxic and Nuclear Waste Siting
Michael B. Gerrard
The MIT Press
Cambridge, Massachusetts
London, England
Page iv
1994 Massachusetts Institute of Technology
All rights reserved. No part of this book may be reproduced in any form by any electronic or mechanical means (including photocopying, recording, or information storage and retrieval) without permission in writing from the publisher.
This book was set in Sabon by DEKR Corporation and was printed on recycled paper and bound in the United States of America.
Library of Congress Cataloging-in-Publication Data
Gerrard, Michael.
Whose backyard, whose risk: fear and fairness in toxic and nuclear waste siting/Michael B. Gerrard.
p. cm.
Includes bibliographical references and index.
ISBN 0-262-07160-6
1. Hazardous waste sitesLocationGovernment policyUnited States. 2. Hazardous waste sitesGovernment policyUnited States. I. Title.
HD4483.G47 1994
363.72'87'0973dc20
94-18925
CIP
Page v
TABLE OF CONTENTS
Preface
vii
I
Setting the Stage
1
1
Introduction
3
2
The Origins and Disposal of Nonradioactive Wastes
7
3
The Origins and Disposal of Radioactive Wastes
25
4
How Siting Decisions Are Made
47
5
Evaluating the Current Siting Processes
67
II
Prior Proposals for Reform
123
6
Consensual Proposals
125
7
Coercive Proposals
141
8
Avoidance Proposals
145
III
A Proposed Solution: Local Control, State Responsibility, National Allocation
167
9
A Description of the Proposal
169
10
Evaluating the Proposed Siting Process
195
11
Practicalities of Implementation
205
Epilogue How a Siting Decision Could Be Made
219
Abbreviations
225
Index
327

Page vii
PREFACE
I have spent the past sixteen years as a practicing environmental lawyer with the New York City law firm of Berle, Kass & Case, and as a writer on and (more recently) teacher of environmental law. Much of my practice has involved representing municipalities and community organizations in defending against efforts by higher levels of governmentcounties, states, and the federal governmentand by private developers to build unwanted facilities in their midst: landfills, incinerators, pipelines, highways, airports. I have also represented corporations seeking to build facilities, landowners faced with the responsibility of cleaning up contamination they did not create, and factories trying to cope with the maze of environmental regulations.
One question has come up scores of times. It is some variation of this: How are we (they) supposed to get rid of this (garbage, stuff, glop, gunk)? The question of how to dispose of society's waste engenders a tremendous amount of political conflict, emotional anguish, and wasted transaction costs on all sides. Though the modern era in environmental law is almost twenty-five years old, we have nothing approaching a coherent national system of waste disposal. Instead, there are at least two dozen completely different kinds of waste streams, each the subject of its own scheme of regulation (or chaos). Waste is being trucked from every state to every other state, or sitting in often leaky containers until some other state will take it.
The objective of this book is to try to impose some conceptual order on this chaos and to suggest a coherent scheme for disposing of these many kinds of hazardous and radioactive waste. (Ordinary municipal
Page viii
solid waste is not my prime topic, but it also comes up repeatedly.) The introduction describes in more detail the plan and these of the book.
Though I have attempted to find and read just about the whole body of literature on the siting of hazardous and radioactive waste disposal facilities (requiring a new pair of glasses in the process), I have also drawn heavily on my own experience. I should disclose here that I have litigated on behalf of clients against several companies named in the bookWaste Management, Inc. and its subsidiaries Chemical Waste Management, Inc., CWM Chemical Services, Inc., Chem Nuclear Services, and Wheelabrator Technologies, Inc.; Occidental Chemical Corp.; and Browning Ferris Industries and its subsidiary CECOS International, Inc. I have also represented several parties whose names come up in the book: Niagara and Cortland counties, New York; the city of Niagara Falls, New York; the towns of Porter and Lewiston, New York; the Natural Resources Defense Council; and the Environmental Defense Fund.
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