Superfund Reassessment and Reauthorization: Hearings Before the Subcommittee on Superfund, Waste Control, and Risk Assessment of the Committee on Environment and Public Works, United States Senate, One Hundred Fourth Congress, First Session, Part 2

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Page 180 - Upon principle, every statute which takes away or impairs vested rights acquired under existing laws, or creates a new obligation, imposes a new duty, or attaches a new disability, in respect to transactions or considerations already past, must be deemed retrospective.
Page 721 - States, including the territorial seas; (16) "natural resources" means land, fish, wildlife, biota, air, water, ground water, drinking water supplies, and other such resources belonging to, managed by, held in trust by, appertaining to, or otherwise controlled by the United States (including the resources of the fishery conservation zone established by the Fishery Conservation and Management Act of 1976), any State or local government, [or ] any foreign government...
Page 788 - Upon timely application anyone shall be permitted to Intervene in an action: (l) when a statute of the United States confers an unconditional right to Intervene; or (2) when the applicant claims an interest relating to the property or transaction which is the subject of the action and he is so situated that the disposition of the action may as a practical matter impair or Impede his ability to protect that interest, unless the applicant's Interest is adequately represented by existing parties.
Page 788 - Upon timely application anyone may be permitted to intervene in an action: (1) when a statute of the United States confers a conditional right to intervene; or (2) when an applicant's claim or defense and the main action have a question of law or fact in common.
Page 475 - Such term does not include a person, who, without participating in the management of a vessel or facility, holds indicia of ownership primarily to protect his security interest in the vessel or facility...
Page 418 - It is further found and declared that the powers conferred by this act are for public uses and purposes for which public money may be expended and the power of eminent domain exercised; and that the necessity in the public interest for the provisions herein enacted is hereby declared as a matter of legislative determination.
Page 788 - ... claims an interest relating to the subject of the action and is so situated that the disposition of the action in his absence may (i) as a practical matter impair or impede his ability to protect that interest or (ii) leave any of the persons already parties subject to a substantial risk of incurring double, multiple, or otherwise inconsistent obligations by reason of his claimed interest.
Page 585 - In order to ensure that the waiver is consistent with RCRA, Section 120 should be amended to track the waiver in RCRA. Section 114(a) of CERCLA already preserves State authority for removal and remediation laws, including laws that apply to radioactive contamination. Many Federal facilities have radioactive contamination that includes source, special nuclear or byproduct material as those terms are defined under the Atomic Energy Act. Section 114(a) should be amended to clarify that States may adopt...
Page 240 - The exclusion provided under this paragraph shall not apply to any State or local government which has caused or contributed to the release or threatened release of a hazardous substance...
Page 250 - USC 2601 et seq.), the Resource Conservation and Recovery Act (RCRA; 42 USC 6901 et seq.), and the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA; 42 USC 9601 et seq.).