[*] ASSOCIATE PROFESSOR OF LAW, LOUISIANA STATE UNIVERSITY (LSU) LAW CENTER. JD, CASE WESTERN RESERVE UNIVERSITY (CWRU) LAW SCHOOL; AMLS, UNIVERSITY OF MICHIGAN; MA, BA, MICHIGAN STATE UNIVERSITY. THIS ESSAY GREW OUT OF THE INTRODUCTORY LECTURE AND DISCUSSION OF CLIPS FROM GHOSTBUSTERS IN AN EXPERIMENTAL COURSE WHICH I CO-TAUGHT WITH PROFESSORS MELVYN R. DURCHSLAG, ANDREW P. MORRISS, AND WENDY E. WAGNER AT CWRU LAW SCHOOL IN 1994 AND 1995. SEE CHRISTINE A. CORCOS ET AL., TEACHING A MEGACOURSE: ADVENTURES IN ENVIRONMENTAL POLICY, CO- TEACHING, AND GROUP GRADING, 47 J. LEGAL EDUC. 224 (1997). The term megacourse was created by the bemused and desperate Associate Dean, Wilbur C. Leatherberry, who tired of repeating the course's official title, Selected Problems in Environmental Law and Policy, along with four faculty names on every CWRU Law School curricular document. He eventually abbreviated the course title to "Mega" and the names to "Faculty." I wish to thank Dr. Morriss and Professor Wagner, kindred spirits, for many stimulating discussions about the importance of environmental law, law and film, slimers, etc. I am particularly indebted to Professor Wagner for her valuable comments on the symbolism of Ghostbusters and for the value-added pun in the title of this Essay. Professor Jay Bybee of LSU kindly provided guidance in the Chevron area, Professor John Devlin, also of LSU, made useful suggestions about pedagogy, symbolism, and the nature of evil over muffalattas and beer, and Professor Kenneth Muchison of LSU read the manuscript with great attention and contributed valuable criticisms. Professor Thomas C. Galligan gave questions about potential application of the Federal Tort Claims Act much more consideration than they deserve. Professor Jonathan Entin, of CWRU, commented wisely on a film he still has not seen. Thanks are also due to Cheryl Cheatham, CWRU Law Library, for her thoughtful comments on an early draft of this Article, and to Alison Colwell, CWRU Law School Class of 1996) and Jill Kuswa, LSU Law Center Class of 1998, for superb research assistance. Return to text.

[1] (Columbia Pictures Corp. 1985). Refer to this note for all future references to GHOSTBUSTERS. A film taking an even more lighthearted view of environmentalism is NAKED GUN 2 1/2: THE SMELL OF FEAR (Paramount Home Video 1991). Return to text.

[2] By September of 1984, the year Columbia Pictures released the film, GHOSTBUSTERS had earned a gross of $200.9 million, making it the most successful movie for Columbia Pictures at that time. See Columbia's Ghost Is a Smash, Too, N.Y. TIMES, Sept. 29, 1984, § 1, at 31. The movie spawned many products, including a Saturday morning cartoon series and a sequel, GHOSTBUSTERS II (Columbia Pictures Corp. 1989), as well as a training manual for would-be paranormal investigators. See CHRISTOPHER BROWN, THE OFFICIAL GHOSTBUSTERS TRAINING MANUAL: A GUIDE TO CATCHING GHOSTS (1984); see also Karen Cherry, Busting Loose/Ghostbuster Role is Just One of Many for Ernie Hudson, ST. PETE. TIMES, June 24, 1989, at D1. Return to text.

[3] See Richard Schickel, Exercise For Exorcists, TIME, June 11, 1984, at 83. Rick Moranis plays the tax professional, Lewis Tully, a successful but nerdy certified public accountant, who is taken over by one of the psychic entities loose in the city, thereby immeasurably improving his personality quotient. He actually gets the girl, albeit temporarily. Tully subsequently goes to law school and returns in GHOSTBUSTERS II as a tax lawyer; a subspecies of the Avocatus Americanus generally considered to be even less personable than CPAs. See Paul L. Caron, Tax Myopia, Or Mamas Don't Let Your Babies Grow Up To Be Tax Lawyers, 13 VA. TAX REV. 517, 530 n.50 (1994) (discussing the image of tax professionals in GHOSTBUSTERS and GHOSTBUSTERS II); see also Erik M. Jensen, The Heroic Nature of Tax Lawyers, 140 U. PA. L. REV. 367, 369 n.13 (1991). On the application of film and television to other law school subjects, see Christine Alice Corcos, Columbo Goes To Law School, 13 LOY. L.A. ENT. L.J. 499 (1993). Return to text.

[4] However, the topic has been discussed in passing in various law review articles. See Robert A. Prentice & John H. Langmore, Hostile Tender Offers and the "Nancy Reagan Defense": May Target Boards "Just Say No?" Should They Be Allowed To?, 15 DEL. J. CORP. L. 377, 436 (1990) (citing the depiction in GHOSTBUSTERS II of incidents of tortured logic and bad faith); Leonard R. Jaffee, The Troubles With Law and Economics, 20 HOFSTRA L. REV. 777, 871 (1992) (citing the existence of Slimer and the Ghostbusters breakfast cereal as an example of a product designed to appeal to infant consumerism). Since GHOSTBUSTERS, other entertainment vehicles have carried an environmental message, including the cartoon television series The Simpsons (Fox Television Network, 1989-1997) (depicting the father, Homer Simpson, as an intellectually challenged nuclear power plant worker); see also Tony Perry, San Diego at Large: "Simpsons" Enlightened, But Don't Expect Glowing Praise for Nukes, L.A. TIMES, Dec. 28, 1990, at B1. Return to text.

[5] Of course, the Ghostbusters themselves do not manage the ghosts for very long. After their first attempt, which Walter Peck torpedoes, they keep "Zul," the dangerous interloper from the Ancient Near East, incarcerated for only as long as it takes Hollywood to develop GHOSTBUSTERS II (Columbia Pictures Corporation 1989). See Jay Boyer, Bill Murray Is "Ghost busters II" Hero, ORLANDO SENT., Aug. 28, 1994, at 48. In environmental terms, that's very temporary storage. Return to text.

[6] Another theme portrayed in movies is that of hauntings substantially reducing the value of suburban neighborhood property constructed over former burial grounds. This is the theme of POLTERGEIST (MGM 1982) and Grave Secrets: The Legacy of Hilltop Drive (Hearst Entertainment Productions, Inc. 1992), both of which postulate venal land developers as a subgroup of avaricious business people. In Grave Secrets: The Legacy of Hilltop Drive, the unwary property owners are unable to recover from the title company, which takes the position that they knew or should have known of the prior existence of the burial ground. A sympathetic real estate attorney points out that even though the homeowners have a good case, they are unlikely to prevail at trial, and appeals will be costly. Eventually, the owners abandon the property after unsuccessfully suing their real estate agents for "abuse of corpse." See BEN WILLIAMS ET AL., THE BLACK HOPE HORROR: THE TRUE STORY OF A HAUNTING (Morrow 1991); see also Michele Meyer, Houston's Haunted Houses: Spirits Leave Calling Cards All Over Town, HOUSTON CHRON., Oct. 31, 1991, at 1 (discussing the events at the Galveston Wal-Mart, said to be built over a cemetery). Return to text.

[7] See Scott Allen, US Accepts $129M for Cleanup of Love Canal: Some Say Case Set a Wrong Course, BOSTON GLOBE, Dec. 22, 1995, at 1 (discussing the history and cleanup of the Love Canal). Similarly, many citizens are concerned that electric power lines put them at risk for developing cancer. Mainstream science currently dismisses the possibility. See PAUL BRODEUR, THE GREAT POWER LINE COVER UP (1993); Terry C. Cavanaugh, Fear & Loathing, 13 CELLULAR BUS. 56 (Nov. 1996); see also Panel Sees No Clear Evidence That Power Lines Cause Cancer; But a UCR Scientist Calls For More Research Into an Unexplained Link to Childhood Leukemia, PRESS- ENTERPRISE, Nov. 1, 1996, at A5. Return to text.

[8] The failure of critics to recognize GHOSTBUSTERS as a social and political satire is surprising given the preference that Bill Murray, Harold Ramis, and Dan Ackroyd have always shown for social and political satires in their early Saturday Night Live (Broadway Video/ NBC Productions) work and in other films. See, e.g., Jay Carr, Bill Murray's Somber Side, BOSTON GLOBE, Nov. 20, 1988, at 93 (discussing the actor's views on filmmaking); see also Lois Romano, Busting 'Em Up: Harold Ramis, On the Million-Dollar Laugh Trace, WASH. POST, Sept. 5, 1984, at B1 ("Our characters are rebels, but not losers. Other characters may accuse them of being neurotic, but our characters are radical heroes. And the audience thrives on heroism."). Students of the work of both Ramis and Ackroyd immediately spot the social critique rampant in GHOSTBUSTERS. See Interview with Rita Knight-Gray, Independent Film Maker, in Cleveland, Ohio (Sept. 14, 1994). Return to text.

[9] (Made for TV movie 1989). Return to text.

[10] (New World Pictures 1984). C.H.U.D. (Cannibalistic Humanoid Underground Dwellers), is a cinematic portrayal of toxic waste and its impact on living or formerly living beings. This film depicts entities living under New York City that feed on unwary inhabitants; a variant on the "alligators in the sewers" urban myth. See Richard Harrington, "C.H.U.D.": Subterranean Sludge Movies by Richard Harrinton, WASH. POST, Sept. 26, 1984, at D6. Accidental exposure to toxic waste produces the Toxic Avenger, the Teenage Mutant Ninja Turtles, the Penguin (in the film version of Batman), The Incredible Hulk, Swamp Thing, Spiderman, and various teenage characters in the series of NUKE 'EM HIGH films. Recent "environmentally conscious" flims and television shows include FREE WILLY (Warner Bros. 1993), Star Trek: The Next Generation:: Force of Nature (Paramount, Nov. 13, 1993), and the X-Files: Darkness Falls (Fox television broadcast, Apr. 15, 1994) episodes. Children's cartoon shows also seem more inclined to feature environmental issues. See Donna Parker, EMA Noms to "Willy," "X-Files," THE HOLLYWOOD REP., Aug. 17, 1994. Amphibia are a particular theme. Note the environmental message directed at the youngsters by the Muppets, in Kermit the Frog's theme song, IT'S NOT EASY BEING GREEN. Turtles and tortoises seem to be a popular subject in environmental law and popular culture. For example some individuals make films about them, see TURTLE DIARY (Vestron 1985) (Two British environmentalist try to free sea turtles kept at the London Zoo), where others slash sea turtles' throats, see Maura Dolan, Nature at Risk in a Quiet War, L.A. TIMES, Dec. 20, 1992, at A1 (Angry fishermen kill endangered sea turtles that become entangled in their nets while some property owners dispose secretely of endangered desert tortoises.). Turtles can also be expensive to maintain. See Linda Matchan, One Family's Turtle Diary: Shelling Out to Pamper a Pet, BOSTON GLOBE, Nov. 19, 1992, at A1 (detailing expenses in three figures incurred in a treating bored, lonely, sickly $12 turtle). Return to text.

[11] (20th Century Fox 1983). Female environmental heroes are less common than male ones, and usually less forceful. See Roberta Green, Diana to Dian Fossey: Hollywood's Women as Protectors of the Environment, 37 W. VA. U. BULL. PHILOLOGICAL PAPERS 9 (1991) (discussing women as traditional advocates for flora and fauna). Return to text.

[12] (BBC 1992). This film is also known under the title Disaster at Valdez. See LEONARD MALTIN, LEONARD MALTIN'S MOVIE AND VIDEO GUIDE 1994 292-93 (1993). Return to text.

[13] (1991). When released on video, the title was changed to The Final Warning. See MALTIN, supra note 12, at 461. Return to text.

[14] (Columbia Pictures Corp. 1979). Return to text.

[15] Environmental disaster made the mainstream as a bankable theme with THE CHINA SYNDROME, which debuted shortly before the Three Mile Island nuclear power plant accident. See Rich Kirkpatrick, Three Mile Island: America's Age of Nuclear Innocence Ended 10 Years Ago, L.A. TIMES, March 26, 1989, at 2. Later, in STAR TREK IV: THE VOYAGE HOME (Paramount Pictures 1986), an interstellar probe visits Earth to communicate with whales. This film reemphasized environmental science fiction which had first surfaced in films such as THEM! (Warner Brothers 1954) (featuring radioactive ants invading the L.A. sewer system) and THE TIME MACHINE (MGM 1960). Other nuclear disaster films include THE DAY AFTER (ABC Motion Pictures 1983), TESTAMENT (Paramount Pictures 1983), and numerous science fiction films including LOGAN'S RUN (MGM 1976). For other ecological films, see Terry George, Hollywood Goes Green, 94 AUDUBON 86 (March 1992); see also Tom Gliatto, Have a Blast With These Films, USA TODAY, Oct. 19, 1989, at 6D (listing movies that focus on nuclear disaster). Only a few movies that examine the attempt to control natural resources have been made. However, CHINATOWN (Paramount Pictures 1974) is one of the few movies that examine the attempt to control natural resources. CHINATOWN details the attempt by a Los Angeles-based syndicate to preempt use of the Colorado River. The hero, Jake Gittes (Jack Nicholson), is ultimately unable to undo the damage. Television shows that have emphasized environmental messages include Star Trek: The Next Generation: The Force of Nature, supra note 10, The X-Files: Darkness Falls , supra note 10, and the short lived Quark (NBC television broadcast, May 7, 1977-Apr. 7, 1978) (about an interstellar garbage scow). See From Space Junk to Stellar Missions; The Worst to the Best, SACRAMENTO BEE, Jan. 3, 1993, at EN 15. Return to text.

[16] Ecologist Garret Hardin originated this term in The Tragedy of the Commons, 162 SCI 142 (1968). Return to text.

[17] Though, as we see demonstrated through GHOSTBUSTER'S characters Lewis Tully and Dana Barrett, the ghosts are not out of body. Return to text.

[18] One of the underlying problems in environmental regulation is the lack of consensus on what constitutes reliable science on which to base policy decisions. See Wendy E. Wagner, The Science Charade in Toxic Risk Regulation, 95 COLUM. L. REV. 1613, 1614 (1995). Venkman is accused of being a poor and unethical scientist by the University administration, the EPA, and his client (Dana Barrett); both because his critics do not like his manner, and because his grasp of the scientific method seems shaky at best. Yet, his seat-of-the-pants approach is reminiscent of the stereotypical American desire to get the job done without worrying about seemingly pointless bureaucratic demands. Return to text.

[19] The extent to which business must anticipate potential dangers to the public is generally a thorny problem. For example, the elaborate precautions taken by the developers in JURASSIC PARK (MCA/Universal Pictures 1993) was not enough to protect the public from rampaging dinosaurs. Thus, society should consider what risks it is willing to take in order to carry on a moderately rational existence. For the developers in JURASSIC PARK, the question is not so much whether a dinosaur will escape, but rather the risks it poses to public health and welfare, and the amount of money available to minimize those risks. "Is it a big dinosaur or a little dinosaur? Is it a people-eating dinosaur?" Comments of Robert Avant, Jr., Deputy Director, Texas Low-Level Radioactive Waste Disposal Authority, Cleveland, Ohio (Oct. 4, 1994). Return to text.

[20] Such a lack of preparedness marks several ecological disasters over the past few years, including the Exxon-Valdez oil spill in Prince William Sound, the massive radiation poisoning of sheep and nuclear test site employees on Nevada ranges, and the Chernobyl disaster. See Casey Bukro, Alaska Team Aims to Prevent Oil Spills, CHICAGO TRIB., July 19, 1991, at C6 (reporting on the Exxon-Valdez spill); see also Maria L. LaGanga, Legal Fallout; Judge Rejects Claim That Nevada Test Site Radiation Caused Worker Illnesses, L.A. TIMES, Aug. 1, 1994, at A3; STEWART UDALL, THE MYTHS OF AUGUST (1994); Stuart Diamond, Chernobyl Causing Big Revi sions in Global Nuclear Power Policies, N.Y. TIMES, Oct. 27, 1986, at A1; Aleksei Mikhailov, Sore Spot: Victimization Being Reversed: More Than Half a Million Children Live in Areas Contaminated by the Chernobyl Disaster, CURRENT DIG. SOVIET PRESS, April 13, 1994, at 21 (examining the effects of Chernobyl). Return to text.

[21] On the clash between federal and state jurisdictions in the environmental protection area, see David R. Hodas, Enforcement of Environmental Law in a Triangular Federal System: Can Three Not Be a Crowd When Enforcement Authority Is Shared in the United States, the States, and Their Citizens, 54 MD. L. REV. 1552 (1995); see also Kenneth M. Murchison, Enforcing Environmental Standards Under State Law: The Louisiana Environmental Quality Act, 57 LA. L. REV. 497 (1997). Return to text.

[22] If the answers are not clear by the end of this Essay, well, that is my point. Return to text.

[23] Business people in general are subject to widespread criticism in the movies. See generally Stuart Feldman, At the Movies: Business Gets a Bad Rap; Hollywood's Portrayal of Business and Executives, 81 MGMT. REV. 49 (1992). Return to text.

[24] Some companies are beginning to object to the media's portrayal of them as cloddish, money-hungry robber barons, primarily responsible for our present ecological disasters. See Laurie Lande, Marathon Oil Quits Parade to Protest Seagal Portrayal, DALLAS MORNING NEWS, July 4, 1994, at D1 (discussing Marathon Oil's pullout from the Cody, Wyoming Independence Day celebration in protest over the image of an oil executive in the Steven Seagal film ON DEADLY GROUND (Warner Brothers 1994)). Some commentators have expressed concern over the oil and gas industry's failure to promote a more attractive image as well as the movie's inaccuracy: '"I don't think the future of the industry will rise or fall based on one movie,' said Robert Stewart, president of the National Ocean Industries Association, a group that represents the offshore oil and gas industry, 'but if that movie is all the public is seeing, then we have no one to blame but ourselves.'" Id.; see generally Greg Hassell, Hollywood Casts Big Oil the Villain; In Movies, the Energy Industry Can Do No Right—and That Bad Image Reflects on Houston, HOUSTON CHRON., May 29, 1994, Business Sec. at 1 (discussing the negative image of the oil industry in movies). Television reinforces this image in series like Dallas (Columbia Broadcasting System, 1978-1991), in which J. R. Ewing cheerfully personifies both corporate greed and environmental insensitivity. Return to text.

[25] Dana Barrett (Sigourney Weaver) tells him bemusedly, "You don't seem like a scientist. More like a game-show host," a putdown that leaves Venkman undaunted. Return to text.

[26] When the three decide to go into business, Venkman is enthusiastic, even though seeking out venture capital for this unknown technology puts them at the mercy of the overly greedy financial world. "Will you guys relax? We are on the threshold of establishing the indispensable defense science of the next decade—Professional Paranormal Investigations and Eliminations. The franchise rights alone will make us rich beyond our wildest dreams." Stantz is dismayed at the exorbitant rate of interest he'll have to pay on his mortgaged home. "Nineteen and a half percent? You didn't even bargain with the guy!" The lugubrious Spengler contributes the sobering thought that the payments on the interest alone over the next few years will amount to ninety-five thousand dollars. Return to text.

[27] Oswald Spengler, THE DECLINE OF THE WEST (Charles Francis Atkinson trans., Oxford University Press 1991). Return to text.

[28] The proper word is "fungi," but, after all, Spengler is a hard sciences man. See RANDOM HOUSE DICTIONARY OF THE ENGLISH LANGUAGE 776 (2d ed. 1987). Return to text.

[29] But the dead are coming back, and significantly make their first appearance in a building, the public library, devoted to print. Return to text.

[30] Venkman, for example, uses his position as a researcher to skew results in an ESP experiment in order to seduce one of the female participants. Whether it is politically wise for the Dean to toss all three of them out based on Venkman's performance is another question. Scientists with funded projects are not normally treated this way, although perhaps some of them should be. For a recent example of questionable scientific methods, see JUDY SARASOHN, SCIENCE ON TRIAL (1992) (discussing accusations of faulty or falsified research results in the lab of David Baltimore, the Nobel Prize winner of 1975, and former Rockefeller University president). Theresa Imanishi-Kari, the scientist who was the primary target of Congressman John Dingell's investigation, was eventually cleared by a National Institutes of Health (NIH) panel in 1996. See Gina Kolata, Inquiry Lacking Due Process, N.Y. TIMES, June 25, 1996, at C3. The end of the NIH probe has simply triggered further discussion of scientific misconduct. See Joseph Palca, Scientific Misconduct: Ill-Defined, Redefined, 26 HASTINGS CNTR. REP. 4 (1996). Return to text.

[31] For a ten minute sweep of a hotel, during which they destroy property with great abandon, they charge the establishment $5000. Return to text.

[32] Stantz tells Venkman, "I found the car. Needs some suspension work, and shocks, and brakes, brake pads, lining, steering box, transmission, rear end . . . only $4800 . . . maybe new rings, also mufflers, a little wiring." The car is a former ambulance, emphasizing the simi larities between the Ghostbusters' venture and responses to other tragedies. Return to text.

[33] Harvey Famous Cartoons sued Columbia Pictures over the use of the emblem, which bears some physical, though not psychic, resemblance to one of the characters in Casper's ghostly trio. See Stuart M. Wise, "Ghostbusters" Buster, NAT'L L.J., Dec. 3, 1984, at 43; Harvey Cartoons v. Columbia Pictures Indus., Inc., 645 F. Supp. 1564 (S.D.N.Y. 1986) (holding similarities between cartoon and GHOSTBUSTERS emblem not copyrightable, or had entered public domain). Another suit, by Filmation, over the title of the film was settled out of court. See Dispute Over "Ghostbusters" Title Is Vaporized By Settlement, 6 ENT. L. REP. 20 (August 1984). Still more litigation surrounded the use of the theme song for the film. See David May, "So Long As Time Is Music": When Musical Compositions Are Substantially Similar, 60 S. CAL. L. REV. 785, 791-94 (1987) (discussing composer Huey Lewis' suit against Ray Parker, Jr. for copyright infringement). Return to text.

[34] Such use would seem to fall within the ambit of prohibited transactions involving nuclear materials. See 18 U.S.C. § 831(a)(1) (1994) (prohibiting receipt, possession, use, transfer, alteration, disposition of, or dispersion of any nuclear material). Naturally, any misuse may also suggest liability on the part of the Ghostbusters should harm come to any bystander (e.g., the hotel maid). See infra, note 52. Return to text.

[35] Their use of the facility as a residence may or may not also violate city zoning ordinances. Like firefighters and staff physicians, the Ghostbusters may have good reason to be on the premises in case of emergency. Return to text.

[36] Spengler asserts that the neighborhood is like a demilitarized zone, but we have no independent evidence that it is particularly dangerous or in more need of urban renewal than the average downtown area. Return to text.

[37] On nuisance, see generally J. D. LEE & BARRY A. LINDAHL, 3 MODERN TORT LAW: LIABILITY & LITIGATION 191, 194 (rev. ed. 1996).

"A public nuisance affects the community as a whole. It is an invasion of a right common to members of the public generally; or to an indefinite number of persons. A private nuisance is an individual wrong caused by unreasonable or unlawful use of one's property. An individual so affected may maintain an action to enjoin or abate the nuisance, or to recover damages."

Id. Return to text.

[38] Do the Ghostbusters have a right to install a siren on their vehicle? A siren implies a demand for a right-of-way on city streets, to which the company is not yet entitled, as far as we know. Yet in their work, time may be of the essence, and the Ghostbusters may be able to make an argument that they are entitled to negotiate municipal thoroughfares as rapidly as possible in order to deal with rapidly developing ecological problems. On the other hand, noisy devices, whose signal requests for immediate passage installed willy-nilly on motor vehicles, may violate city ordinances in a way that the mounting of loudspeakers on sound trucks designed for the broadcast of political rhetoric may not. See generally Kovacs v. Cooper, 336 U.S. 77 (1949) (affirming the lower courts decision that Kovacs did violate a city ordinance which prohibited the use on the city streets of sound amplifying devices making loud and raucous noises). Further, owners and drivers of emergency vehicles bear a responsibility for the safe operation of those vehicles, as complaints about the increasing number of accidents due to high speed driving attest. See, e.g., Deb Kollars, 4 Crashes Mar City-Run Ambulance Service, SACRAMENTO BEE, May 8, 1995, at B1 (reporting on lawsuits faced by the city based on death and injuries caused by ambulances driven over the speed limit). Return to text.

[39] A policeman delivers Lewis Tully to the facility, telling Egon that although the man should get medical treatment, "Bellevue doesn't want him and I'm afraid to put him in the lockup." Does this statement constitute some kind of recognition on the part of the city that the Ghostbusters' business is a legitimate public service and the premises meet (unnamed) requirements? Return to text.

[40] See generally 40 C.F.R. for EPA regulations. Return to text.

[41] President Clinton made the possibility of environmental racism a consideration in siting decisions. "[E]ach Federal agency shall make achieving environmental justice part of its mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of its programs, policies, and activities on minority populations and low-income populations . . . ." Executive Order 12898: Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, 30 WKLY. COMP. PRES. DOC. 276 (Feb. 11, 1994). Return to text.

[42] See American Mining Congress v. EPA, 824 F.2d 1177 (D.C. Cir. 1987). In American Mining, the court held that "in light of the language and structure of the RCRA, . . . Congress clearly and unambiguously expressed its intent that 'solid waste' . . . be limited to materials that are 'discarded' by virtue of being disposed of, abandoned, or thrown away." Id. at 1193. Return to text.

[43] See, e.g., LA. CIV. CODE ANN. art. 667 (West 1996) ("Although a proprietor may do with his estate whatever he pleases, still he cannot make any work on it, which may deprive his neighbor of the liberty of enjoying his own, or which may be the cause of any damage to him."). Return to text.

[44] See infra Part II.B.3.b. Return to text.

[45] See Murchison, supra note 21, at 508-09. Return to text.

[46] See infra note 103 and accompanying text. Return to text.

[47] Note that Spengler already realizes that the building may not withstand the use to which they hope to put it, which may expose them to additional liability. Return to text.

[48] The question of built-in redundancies is another topic that a complete siting and licensing procedure would have explored. Compare Venkman's response to Peck with Jack Lemmon's explanation to Jane Fonda of the "backup systems to backup systems" that protects the core of the nuclear power plant in THE CHINA SYNDROME (Columbia Pictures Corporation 1979). Ironically, the plant's structural shortcomings in THE CHINA SYNDROME already threaten the integrity of those systems, as Lemmon discovers when he examines the X-rays of the plant's underground supports. The X-rays reveal that the builders provided the same X-ray for each support. The builder's justification is the high cost of providing independent verification of compliance for each support when the building has already been deemed structurally sound. See id. Return to text.

[49] See infra Part IV.A. (discussing Peck's second visit). Return to text.

[50] On liability for abnormally dangerous activities, see, e.g., Shockley v. Hoechst Celanese Corp., 793 F. Supp. 670, 647-57 (D.S.C. 1992) (holding operator of chemical reclamation facility liable for improperly storing waste when operator knew or had reason to know of improper storage), aff'd in part and rev'd in part, 996 F.2d 1212 (4th Cir. 1993). Return to text.

[51] Interestingly, they are chasing a thirsty ghost who's busily polluting himself with conveniently provided wedding reception liquor. Return to text.

[52] After they nearly vaporize a hotel maid, they decide that this encounter qualifies as a "completely successful test." Return to text.

[53] Are the Ghostbusters' services likely to be covered under a conventional business premises policy? Is the psychic plague an act of God? Is any specific god implied in traditional insurance policy language? Return to text.

[54] Are the Ghostbusters required to explain their rates before accepting the job? Because they did not explain their rates, they are the only company available to provide the service, and since the ghostly apparitions are apparently developing into a plague, should the government act to regulate the Ghostbusters under the Sherman Antitrust Act? See, e.g., 15 U.S.C. §§ 1-7 (1994). Does the manager have an argument that such a charge is exorbitant, given the emergency situation? Are the Ghostbusters in the nature of a public utility, like policemen or physicians (or Consolidated Edison)? Or, are they providing an optional service, like elective surgery, whose necessity is in the eye of the beholder? EPA representative, Walter Peck, certainly believes that they are fraudulently creating the need for their services. On price-gouging by suppliers after natural disasters, see Shannon King, 5 Gulf Coast States Unite to Combat Disaster Rip-Offs, BATON ROUGE ADVOCATE, July 9, 1996, at A6 ("People lost thousands of dollars to fly-by-night contractors who failed to deliver on promises to restore homes; with goods scarce, people paid triple the usual prices for generators and emergency supplies."). Of course, since the Ghostbusters have no competition, it's difficult to know what the usual price is for a service like psychic waste capture. Return to text.

[55] However, Zeddemore is a character people believe in. He seems so real in fact that Hudson said he often is called upon to do real-life ghostbusting. He once was asked to go to Arizona to investigate a ghost named Jake who had been sighted for more than a hundred years in a hotel. He traveled to Arizona but was not able to find Jake. See Cherry, supra note 2, at D3. Egon and Ray, however, firmly believe in the evidence produced by their equipment. Unlike Venkman, they are archetypal mad scientists transformed into reluctant saviors of the world, a perfect, if unlikely, combination. Ever since Dr. Frankenstein's appearance in Mary Shelley's FRANKENSTEIN (1818), mad scientists and their impact on the environment have also been a favorite topic for novelists and filmmakers. See Bob Thomas, Old Mad Scientist Is New Again, Cleve. PLAIN DEALER, July 22, 1994, at 6E. Return to text.

[56] (Made for TV Movie 1989). Return to text.

[57] (20th Century Fox 1983). Return to text.

[58] (Columbia Pictures Corp. 1979). Return to text.

[59] The outline of tort theories and possible remedies is taken from MICHAEL J. LAST, TORT AND INSURANCE ISSUES, IN SITING OF HAZARDOUS WASTE FACILITIES & TRANSPORT OF HAZARDOUS SUBSTANCES 20, 23 (Washington DC: American Bar Association Public Services Division, 1984). Return to text.

[60] "[O]perating a hazardous waste disposal site in downtown Boston might be deemed inherently dangerous, whereas in a more remote location like Last Chance, Colorado, it might not." Id. at 20. Return to text.

[61] Id. Return to text.

[62] See Kenneth M. Murchison, Interstate Pollution: The Need for Federal Common Law, 6 VA. J. NAT. RESOURCES L. 1, 3-6 (1986). Murchison points out substantial problems with the use of either private or public nuisance theory to support environmental claims. Private nuisance theory requires a demonstration of substantial interference with private enjoyment of one's property, and traditionally, public nuisance theory required a demonstration of criminal wrongdoing. See id. Return to text.

[63] See discussion infra Part IV. Return to text.

[64] Last, supra note 59, at 20. Return to text.

[65] Id. at 21. Return to text.

[66] If the citizens could establish that RCRA applies, they could of course bring suit to compel the Ghostbusters to obtain a permit or correct other statutory violations, or otherwise compel the EPA to enforce various provisions of RCRA. See 42 U.S.C. § 6972(a)(1) (1994). Return to text.

[67] This is evidenced by a scene in which Janine gives the Ghostbusters a list of the day's clients including several free repeaters. Return to text.

[68] The New York City municipal government's attitude is represented by the mayor's reaction to the psychic plague unleashed by Peck in the second half of the film. The EPA's willingness to pursue suspected polluters adversarially seems to fluctuate with the Administration in power, as demonstrated by the agency's changing attitude toward Superfund. For contrasting approaches see H. C. Barnett, Crimes Against the Environment: Superfund Enforcement at Last, 525 ANNALS AM. ACAD. POL. SOC. SCI. 119 (1993). Return to text.

[69] See Thomas J. DiLorenzo, Federal Regulations: Environmentalism's Achilles Heel, 123 U.S.A. TODAY, Sept. 4 1994, at 48 (noting the EPA's failure to consider cost-benefit ratios when enacting new regulations). Return to text.

[70] Egon explains the dimensions of the problem to Winston by analogy to a Twinkie, an interesting choice since Twinkies are generally acknowledged to be nearly indestructible (as well as possibly inedible). The use of the Twinkie as a symbol naturally leads one to consider other associations. Although the Twinkie defense implies that continuous, unsupervised Twinkie consumption may be harmful to humans, the animal population may actually benefit from the concoction. "In Sarasota, Florida, when an elephant refused his normal diet following surgery, the attending veteranarian prescribed Twinkies. The elephant recovered and grew strong. In 1976 in Kings Mill, Ohio, runaway baboons were captured with bait of Twinkies and bananas." Jane and Michael Stern, Twinkie, Twinkie, Little Suet-Filled Sponge-Cake Cisco Log, Now I Know What You Are, SPY MAG., July 1989, at 96, 98. While this story may be farcical, the Japanese Environment Assessment Center in Okayama announced the successful creation of a new delicacy called "environmental sausage," made from "recycled Toyko 'sewage solids' by adding soybean protein and steak flavoring. Officials concede 'a slight image problem' probably will keep the sausage from ever being sold commercially." See Brian E. Albrecht, Journalassic Park!, CLEVE. PLAIN DEALER, Dec. 26, 1993, at 1H. Return to text.

[71] See generally ADELINE LEVINE, LOVE CANAL: SCIENCE, POLITICS, AND PEOPLE (1982). Return to text.

[72] John Ritter, In Mining Town, Years of Bad Blood With EPA // Bitter Colo. Cleanup Fight Could Take a Turn Today, USA TODAY, August 26, 1994, at A10 (discussing differences of opinion concerning extent of damage and responsibility for cleanup in a small Colorado town). The television movie INCIDENT AT DARK RIVER, supra note 9, deals with a similar, Love Canal-like problem and documents the frustration of a homeowner unable to obtain redress through the courts for the death of his daughter, caused by her exposure to point-source pollution illegally discharged by a local chemical plant. Return to text.

[73] See generally Vincent D'Elia & Catherine M. Ward, The Valuation of Contaminated Property, 111 BANKING L.J. 350 (1994). Return to text.

[74] See Margaret Murphy, Viewpoints; Warning: Disclose Environmental Cost, N.Y. TIMES, Sept. 4, 1994, § 3, at 9. Return to text.

[75] DiLorenzo, supra note 69, at 48. Return to text.

[76] The name is suggestive of Peck's penchant for nipping at the Ghostbusters and their activities, constantly battering away at the same point (the lack of proper procedures) rather than stopping to examine their purpose and effectiveness. Peck never seriously believes in the existence of the ghost entities, although he uses it as a justification for investigating and attempting to regulate their business. Return to text.

[77] See, e.g., Sandra L. Goodman, Why Does EPA Issue Exaggerated Warnings? SACRAMENTO BEE, July 31, 1994, at FO3.

Few people would dispute that exposure to high levels of toxic chemicals is dangerous; the health effects of low-level exposure, however, are not so clear. Low levels of exposure are what you find at most Superfund sites. But rather than providing an accurate assessment of the most probable dangers . . . EPA prefers to whip up public hysteria.

Id. Note, however, that Peck's objection to the Ghostbusters' operation is that it is unsafe, not because they are mishandling the environmental hazard they are hired to eradicate, but because he believes they are creating an environmental hazard through fraud and reckless use of dangerous equipment. Return to text.

[78] See Murchison, supra note 21, at 508-09; see also supra notes 20-21 and accompanying text. However, nothing requires that the EPA continue to take this position, since the statutes are silent on the issue. Return to text.

[79] 476 U.S. 227 (1986). Return to text.

[80] See id. at 239. Return to text.

[81] See generally United States v. State of New Mexico, Civ. No. 90-276 SC, 1992 WL 437983, at *1 (D.N.M. Oct. 14, 1992) (discussing extent of EPA's power to regulate activity based on failure to specify exact nature of waste at issue as falling within statutory definition), aff'd, 32 F.3d 494 (10th Cir. 1994). Return to text.

[82] Although Peck may not believe that ghosts exist, a New York Court of Appeals allowed rescission of a real estate contract on the basis that the seller had failed to disclose the reputation of the property as "haunted," therefore breaching the agreement to deliver a "vacant" house to the buyer. See Stambovsky v. Ackley, 169 A.D.2d 254, 259-60 (N.Y. App. Div. 1991). On haunted real estate, see generally Daniel M. Warner, Caveat Spiritus: A Jurisprudential Reflection Upon the Law of Haunted Houses and Ghosts, 28 VAL. U. L. REV. 207 (1993) (discussing, among other cases, Stambovsky). Return to text.

[83] 42 U.S.C. § 10171 (1994). Return to text.

[84] The term "civilian nuclear activity" is defined by statute as "any atomic energy activity other than an atomic energy defense activity." 42 U.S.C. § 10101(5) (1994). The term "disposal" is defined as "the emplacement in a repository of high-level radioactive waste, spent nuclear fuel, or other highly radioactive material with no foreseeable intent of recovery, whether or not such emplacement permits the recovery of such waste." Id. § 10101(9). The Ghostbusters' use of the unlicensed nuclear accelerators may bring their activity within the ambit of these sections. According to 42 U.S.C. § 10132, proposed nuclear waste disposal sites must be thoroughly investigated by the EPA and approved by the President. Return to text.

[85] See 42 U.S.C. § 10134(f) (1994). Return to text.

[86] See 10 C.F.R. § 61.7(b)(2) (1997). For a general discussion of C.F.R. guidelines, see Michael A. Petrella, Wasting Away Again: Facing the Low-Level Radioactive Waste Debacle in the United States, 5 FORDHAM ENTVL. L.J. 103 (1993). Return to text.

[87] See 10 C.F.R. § 61.7(b)(2) (1997). The waste could only retain a stable physical character if mixed with some stabilizing agent; the radioactive gases that the Ghostbusters use to capture it seem very unstable. Return to text.

[88] See generally 10 C.F.R. § 61.7 (1997). Return to text.

[89] See 10 C.F.R. § 61.55(2) (1997) (detailing Class A, B, and C distinctions). Return to text.

[90] See 42 U.S.C. § 6903(5) (1994) (defining hazardous waste). Return to text.

[91] See 42 U.S.C. § 5841(a) (1994) (establishing the Nuclear Regulatory Commission). Return to text.

[92] See 42 U.S.C. § 5842 (1994). Return to text.

[93] See Congress Must Help States Settle Low-Level Waste Issue New York Isn't Alone in Having No Solution, BUFFALO NEWS, June 26, 1994, at F10. Return to text.

[94] See 42 U.S.C. § 6926(b) (1994). Return to text.

[95] See supra note 70. Based on the Ghostbusters' specialized knowledge, they may also have a duty to inform various governmental bodies that an environmental hazard exists. For example, the EPA requires a good faith effort on the part of past and present owners of hazardous waste disposal facilities to file reports. See 46 Fed. Reg. § 22,144 (1981). The Ghostbusters know that they are using unlicensed nuclear accelerators, therefore, they know that their equipment is emitting radioactivity. Return to text.

[96] Franchising might be difficult since (at least in Spenglerian terms) ghostbusting is such a precise and dangerous activity, and would seem to require a certain amount of practice and expertise. Such a franchise operation may eventually implicate licensing concerns in the environmental area: how does one obtain the education and/or training necessary to become a Ghostbuster? See, e.g., 10 U.S.C. § 2701 (1994) (mandating educational programs and standards for environmental restoration by armed forces). Unhappy clients of ghostbusting franchises might quickly line up at the courthouse door to petition for redress against incompetent operators who do an inadequate job of eradicating psychic wastes, just as unhappy homeowners file complaints about incompetent termite control companies. See Teresa Burney, Lennar Buyers Sue Over Termites, ST. PETE. TIMES, July 16, 1996, at E1 (citing lawsuit against Lennar Homes Inc. and Ace Professional Pest Control Inc. for improper treatment of newly built dwellings against pest infestations). Return to text.

[97] Once the balance shifts so that the psychic disturbances become an invasion, a city-wide emergency exists. At that point, the city is unlikely to quietly allow the federal government to take over the counterattack and cleanup operations completely. The mayor obviously wants the glory of saving the city from disaster, although he would probably like the federal government to pick up the tab. On local preparedness to deal with environmental emergencies, see Bill Dietrich, Near-Disaster Shows Alaska's Spill Savvy, SEATTLE TIMES, Jan. 11, 1993, at A1. Return to text.

[98] See U.S. GEN. ACCT. OFF., PUB. NO. GAO/ RCED-94-172, NUCLEAR WASTE: FOREIGN COUNTRIES' APPROACHES TO HIGH- LEVEL WASTE STORAGE AND DISPOSAL (1994) (identifying siting procedures as main obstacles to successful disposal programs). Return to text.

[99] 467 U.S. 837 (1984). Return to text.

[100] Chevron, 467 U.S. at 843 ("[I]f the statute is silent or ambigous with respect to the specific issue, the question for the court is whether the agency's answer is based on a permissible construction of the statute."). Return to text.

[101] See generally 42 U.S.C. §§ 6921-39 (1994). Return to text.

[102] See 42 U.S.C. § 6925 (c) (3) (1994) (requiring "[a]ny permit under this section shall be for a fixed term, not to exceed 10 years in the case of any land disposal facility, storage facility, or incinerator or other treatment facility"). Return to text.

[103] See 42 U.S.C. § 6928(a)(3) (1994) ("Any order issued pursuant to this subsection may include a suspension or revocation of any permit issued by the Administrator or a State under this subchapter and shall state with reasonable specificity the nature of the violation."). Return to text.

[104] See 42 U.S.C. § 6973(a) (1994). Return to text.

[105] 42 U.S.C. § 6928(b) (1994). Return to text.

[106] See id.; see also Chemical Waste Management, Inc. v. EPA, 873 F. 2d. 1477, 1482 (D.C. Cir. 1989) (finding the EPA practice of holding informal hearing to investigate violations of orders brought under RCRA and Hazardous and Solid Waste Amendments permissible under the statute). Return to text.

[107] See generally 40 C.F.R. §§ 24.10(b), 24.14(a)(1) (1997) (detailing record submissions for responding parties). The Ghostbusters never have a chance to submit information for the record, but given Venkman's attitude, they are very likely not to have done so even if a hearing were held. Return to text.

[108] It should be clear, however, that even if the Ghostbusters do not violate any storage and disposal regulations with their psychic waste, their use of radioactive equipment certainly violates other environmental laws and regulations. Return to text.

[109] See 42 U.S.C. § 6901 (1994). Return to text.

[110] 42 U.S.C. § 6903(27) (1994). In regard to the renovation of the fire station,

(2) The term "construction," with respect to any project of construction under this Chapter, means (A) the errection or building of new structures and acquisition of lands or interests therin, or the acquistion, replacement, expansion, remodeling, alteration, modernization, or extension of existing structures, and (B) the acquisi tion and installation of initial equipment of, or required in connection with, new or newly acquired structures or the expanded, remodeled, altered, modernized or extended part of existing structures (including trucks and other more vehicles, and tractors, cranes, and other machinery) necessary for the proper utilization and operation of the facility after completion of the project . . . .

42 U.S.C. § 6903. The fire station requires extensive renovation. See supra note 47 and accompaning text. The technology needed to build and operate the actual storage unit is completely new. Return to text.

[111] See 42 U.S.C. §§ 2071-2114 (1994). Return to text.

[112] 42 U.S.C. § 6921(b)(3)(B)(iii) (1994). Return to text.

[113] See 42 U.S.C. § 6922 (1994) (proscribing standards applicable to generators of hazardous waste). Return to text.

[114] 42 U.S.C. § 6922(a)(1) (1994). Return to text.

[115] See 42 U.S.C. § 6922(a)(6) (1994). The Ghostbusters may also have violated 42 U.S.C. § 6923 (1994) (regulating the transportation of hazardous wastes); 42 U.S.C. § 6924 (1994) (regulating the standards applicable to owners and operators of hazardous waste treatment, storage, and disposal facilities); and 42 U.S.C. § 6925 (1994) (requiring permits for treatment, storage and disposal of hazardous waste). Return to text.

[116] 42 U.S.C. § 6927(a) (1994). Return to text.

[117] Although, the EPA position is to obtain a warrant. See Murchison, supra note 21, at 508-09 and accompanying text. Return to text.

[118] Note that Venkman is apparently in charge of the operation. Return to text.

[119] See 42 U.S.C. § 6928(a)(2) (1994). We have no indication in the film that Peck notifies the State of New York. Therefore, this failure may invalidate the court order he obtains should the Ghostbusters choose to challenge the order. This section also provides for criminal penalties for knowing violations of the chapter. See 42 U.S.C. § 6928(d) (1994). Presumably this justifies the arrest of the Ghostbusters after Venkman attempts to prevent Peck from shutting down the operation. Return to text.

[120] See 42 U.S.C. § 6934(a) (1994). Return to text.

[121] Law school instructors could amuse themselves and bedevil their students by asking what are the "half dozen" violations. As this Article demonstrates, there are more than half a dozen to choose from. Return to text.

[122] 42 U.S.C. §§ 7401-7671q (1994). Return to text.

[123] See 28 U.S.C. §§ 1346(b), 2671-80 (1994). However, holding the federal government or its employees liable is difficult. See Wells v. United States, 655 F. Supp. 715 (D.D.C. 1987) (allowing liability to be assessed against the United States government only if the private party would be liable in similar circumstances, and government liability would not otherwise be prohibited by statute). Return to text.

[124] 28 U.S.C. § 2680(a) (1994). Return to text.

[125] See id. § 2680(h). On sovereign immunity and the Federal Tort Claims Act, see generally FRANK L. MARAIST & THOMAS C. GALLIGAN JR., LOUISIANA TORT LAW 258-59 (1996). Return to text.

[126] While this question has not been litigated, the Office of the General Counsel of the EPA suggests that the government would not be liable for damage caused by pesticides duly registered under FIFRA. Coupled with the Wells decision, supra note 123, we might analogize, therefore, that the EPA may not be held liable for damage caused by hazardous but properly registered materials even when an employee negligently causes such damage. On the FIFRA question, see Environmental Protection Agency, 74 Op. Gen. Counsel 6 (1974). Return to text.

[127] See generally Goodman, supra note 77. See also Mary Judice, Taylor Questions Oil Bond, TIMES- PICAYUNE, Apr. 26, 1994, at C1 (considering financial surety requirements of the Oil Pollution Act of 1990 overkill). Return to text.

[128] The institution in question seems to be Columbia University, although it is not named in the film. In an appeal of this action, the burden would be on the Ghostbusters to demonstrate that the Dean exceeded his authority, or failed to comply with any necessary due process requirements before evicting them. Since Columbia University is private, due process requirements are almost nonexistent. Due process in institutions of higher education generally is a complex area. The nature of the institution is crucial in determining the amount of process due. See Donna P. Grill, Due Process Protection For Nontenured Faculty in Public Institutions of Higher Education: Long Overdue, 83 W. VA. L. REV. 99 (1980); see also Michael J. Phillips, The Substantive Due Process Rights of College and University Faculty, 28 AM. BUS. L.J. 567 (1991). The law dealing with student due process in public institutions is only marginally clearer. See Dixon v. Alabama State Bd. of Educ., 294 F.2d 150, 151 (5th Cir. 1960) (holding that due process clause of the Constitution applies only to expulsion). Return to text.

[129] 42 U.S.C. § 6973(a) (1994). Return to text.

[130] 5 U.S.C. §§ 551-59, 701-06 (1994). Return to text.

[131] See id. §§ 701-06. Return to text.

[132] See 42 U.S.C. § 6972 (1994). Return to text.

[133] Compare 42 U.S.C. § 9659 (1994) (authorizing citizen suits under CERCLA) with 5 U.S.C. § 704 (1996).

Agency action made reviewable by statute and final agency action for which there is no other adequate remedy in a court are subject to judicial review. A preliminary, procedural, or intermediate agency action or ruling not directly reviewable is subject to review on the review of the final agency action. Except as otherwise expressly required by statute, agency action otherwise final is final for the purposes of this section whether or not there has been presented or determined an application for a declaratory order, for any form of reconsideration, or, unless the agency otherwise requires by rule and provides that the action meanwhile is inoperative, for an appeal to superior agency authority.

Id. Return to text.

[134] See supra, note 123. Return to text.

[135] See Izzo v. Borough of River Edge, 843 F.2d. 765, 767 (3d Cir. 1988) (holding that federal interest may require district courts to balance federal and state land use concerns). Return to text.

[136] See United States v. Goldsmith, 978 F.2d 643, 645 (11th Cir. 1992) (holding that government need only show defendant's knowledge of general hazardous nature of chemical in use, not EPA's pre-existing classification of chemical as hazardous to be liable). The problem is of course that the Ghostbusters' case involves radioactivity and phantasms, not chemicals. Return to text.

[137] 42 U.S.C. §§ 11001-50 (1994). Return to text.

[138] See 42 U.S.C. § 11046 (1994) (authorizing citizen suits). Return to text.

[139] See Last, supra note 59, at 21. Return to text.

[140] Id. Return to text.

[141] Id.

142> LR 3 HL 330 (1868). Return to text.

[143] See RESTATEMENT (SECOND) OF TORTS §§ 519-20 (1964). Return to text.

[144] See Last, supra note 59, at 21. Return to text.

[145] A more likely candidate for suit, based on the "deep pocket theory," is the Ghostbuster business. Ghostbusters gives no information on its form of incorporation, if any, but the movie shows that the boys were extremely busy. If they charge all their clients according to the scale they describe to the hotel manager, they were certainly taking in a great deal of money in a short time. Of course, how much of it is profit is a question for discovery. Return to text.

[147] See United States ex rel. Mayo v. Satan and his Staff, 54 F.R.D. 282 (W.D. Pa. 1971) (holding that plaintiff attempting to sue Satan for constitutional violations failed to allege residence of defendant within the district, thus making personal jurisdiction over the Dark Angel unlikely). The Satan Court found that:

Even if plaintiff's complaint reveals a prima facie recital of the infringement of the civil rights of a citizen of the United States, the Court has serious doubts that the complaint reveals a cause of action upon which relief can be granted by the court. We question whether plaintiff may obtain personal jurisdiction over the defendant in this judicial district. The complaint contains no allegation of residence in this district. While the official reports disclose no case where this defendant has appeared as defendant there is an unofficial account of a trial in New Hampshire where this defendant filed an action of mortgage foreclosure as plaintiff. The defendant in that action was represented by the preeminent advocate of that day, and raised the defense that the plaintiff was a foreign prince with no standing to sue in an American Court. This defense was overcome by overwhelming evidence to the contrary. Whether or not this would raise an estoppel in the present case we are unable to determine at this time.

[148] 15 U.S.C. § 1261(f)(1)(A) (1994). Return to text.

[149] See id. § 1261(g). Return to text.

[150] Id. § 1261(g). Return to text.

[151] See id. §§ 1261, 1263. Return to text.

[152] See 42 U.S.C. § 6923 (1994) (articulating standards for transporters of hazardous waste). Return to text.

[153] See 49 U.S.C. § 5103(b)(1) (1994) (authorizing the Secretary of Transportation to "prescribe regulations for the safe transportation of hazardous material in intrastate, interstate, and foreign commerce"). A case such as New York v. Mattiace, 568 N.E.2d 1189 (1990), illustrates the number of state, local and federal violations with which someone accused of "commercial hazardous waste disposal crimes" could be charged. However, the federal government has jurisdiction to regulate the transportation of hazardous materials. See § 5103. Return to text.

[154] See 49 U.S.C. § 5103 (1994) (authorizing the Secretary of Transportation to promulgate rules for the safe transportation of hazardous materials). Return to text.

[155] N.Y. ENVTL. CONSERV. LAW § 27-0305 (Consol. 1997) (regulating permits for waste transporters). Return to text.

[156] See, e.g., Fireman's Fund Ins. Co. v. Corcoran, 548 N.Y.S.2d 211 (N.Y. App. Div. 1989) (discussing the difficulties encountered when an insurance company not licensed in New York forces policy holders to obtain additional insurance to operate in New York to comply with federal regulations governing interstate transportation of hazardous waste). Return to text.

[157] See 29 U.S.C. §§ 651-78 (1994). Return to text.

[158] See id. § 655. Return to text.

[159] See generally JOHN HARTNETT, OSHA IN THE REAL WORLD; HOW TO MAINTAIN WORKPLACE SAFETY WHILE KEEPING YOUR COMPETITIVE EDGE (Merritt Publishing 1996) (explaining in layperson's terms the workings of OSHA). "When enforcing compliance, OSHA inspectors often cite employers under the General Duty Clause because the agency does not have a specific regulation that addresses a particular hazard in the workplace. Employers should note that any recognized hazard in the workplace, whether specifically addressed by OSHA or not, can be cited under the General Duty Clause. It is up to you, not OSHA, to identify and eliminate all existing and potential hazards." Id. at 51. For a discussion of the legislative history of the general duty clause, see BENJAMIN W. MINTZ, OSHA: HISTORY, LAW, AND POLICY 436 (Bureau of National Affairs, Inc., 1984). Return to text.

[160] 29 U.S.C. § 654(a)(1). (1994). Return to text.

[161] See generally JOSEPH M. ROBERTS, SR., OSHA COMPLIANCE MANUAL 27-28 (1976); 29 C.F.R. pt. 1910 (1997) (detailing Occupational Safety and Health Standards for General Industry). Ghostbusting may be a naturally hazardous activity, but no government agency has yet made a determination that this is so. Return to text.

[162] For a good general overview of the tensions created by overlapping jurisdictional regulations and public frustration, see William L. Rosbe, Transport of Hazardous Substances, in SITING OF HAZARDOUS WASTE FACILITIES & TRANSPORT OF HAZARDOUS SUBSTANCES 23-25 (Washington DC: American Bar Association Public Services Division, 1984). Return to text.

[163] As GHOSTBUSTERS II shows us, they do go out of business shortly after the end of GHOSTBUSTERS. Return to text.

[164] See supra note 93. Return to text.

[165] See New York, N.Y., City Charter § 1403(h) (1997) (granting power to the local executive to intervene when natural or man-made disasters have or are about to occur). Return to text.

[166] Consider the controversy over the enormous sums and unforeseen costs involved in Superfund and CERCLA site cleanup. On dissatisfaction with cleanup costs, see generally John Nielsen, The Failure of the Superfund Law—Part 5, MORNING EDITION, Sept. 16, 1994 (Transcript #1435-9) (NEWS Library, CURNWS File); see also BENJAMIN H. SHIAO & PHILIP J. HOLTHOUSE, Deductibility of Environmental Cleanup Costs: The Debate Continues, 21 J. REAL ESTATE TAX. 3 (1993). Return to text.

[167] Although one could argue that, given the nutritional value of marshmallows, Stantz actually did not think of anything. Return to text.

[168] Venkman's guests include a man whose hardcover book predicts the end of the world occurring on New Year's Eve, and a woman whose prediction of the end of civilization was revealed to her by an alien she met at a Holiday Inn in Paramus, New Jersey. When Venkman questions why he can't get more credible guests, his assistant points out that reputable psychics think he is a fraud. "I am a fraud!" he responds matter-of-factly. Return to text.

[169] Unlike the original GHOSTBUSTERS, GHOSTBUSTERS II tells us, rather than shows us, the effect that the psychic phenomena have on the city's inhabitants. This flaw in the script makes the film's argument that Evil is eternal and cumulative, and pollutes the human soul less persuasive than the similar theme in GHOSTBUSTERS. Return to text.

[170] This portrait of a woman attorney is an archetype, meant to appeal to the public's dislike and distrust of lawyers in general and women lawyers in particular. On the female attorney in film, see CHRISTINE A. CORCOS, CIVIL WARS, IN LAW AND THE SMALL SCREEN (Bob Jarvis & Paul Joseph ed., forthcoming 1998); Diane M. Glass, Portia in Primetime: Women Lawyers, Television and L. A. Law, 2 YALE J. L. & FEMINISM 371 (1990); Louise Everett Graham & Geraldine Maschio, A False Public Sentiment: Narrative and Visual Images of Women Lawyers in Film, 84 KY. L.J. 1027 (1996); Judith Mayne, L. A. Law and Prime-Time Feminism, 10 DISCOURSE 30 (Spring/Summer 1988); Carolyn Lisa Miller, Note: "What a Waste. Beautiful, Sexy Gal. Hell of a Lawyer.": Film and the Female Attorney, 4 COLUM. J. GENDER & L. 203 (1994); Carole Shapiro, Women Lawyers in Celluloid: Why Hollywood Skirts the Issue, 25 U. TOL. L. REV. 955 (1994); Ric S. Sheffield, On Film: A Social History of Women Lawyers in Popular Culture 1930 to 1990, 14 LOY. L.A. ENT. L.J. 73 (1993); Elaine Weiss, Who's Missing in This Picture? BARRISTER, Winter 1989, at 5. Return to text.

[171] I am indebted to Jill Kuswa for this observation. Return to text.

[172] On conspiracy theories in films see Christopher Sharrett, Hollywood Fuels the Panic Years, USA TODAY, July 1, 1995, at 67. Sharrett describes conspiracy films as follows:

The genre [crime films] has been very prescient in this regard, touching on the topic by the early 1960s, with its most incisive contemporary examples being Sidney Lumet's 'Prince of the City' and 'Q & A.' The crime movie is the natural territory for an exploration of corruption, having gone from individuals being born evil to the notion 'we have met the enemy and he is us between the Great Depression and the Greed Decade.'

[173] On this theme see MARK JANCOVICH, RATIONAL FEARS: AMERICAN HORROR IN THE 1950S (Manchester University Press 1996); see also PATRICK LUCANIO, THEM OR US: ARCHETYPAL INTERPRETATIONS OF FIFTIES ALIEN INVASION FILMS (Indiana University Press 1987); BILL WARREN, KEEP WATCHING THE SKIES!: AMERICAN SCIENCE FICTION MOVIES OF THE FIFTIES (MacFarland Press 1982). Return to text.

[174] (ABC 1974-1975). Two movies of the week, The Night Stalker and The Night Strangler, preceded the series. A big-screen version was due in the spring of 1997. See Marilyn Beck and Stacey Jenel Smith, "Stalker" Gets Big-Time Walking Papers, PORTLAND OREGONIAN, December 20, 1996, at 29. Return to text.

[175] (Fox 1992-Present). Return to text.

[176] (Fox 1996-Present). See Larry Bonko, "Millenium" Makes Scary Debut Tonight, VA.- PILOT & LEDGER STAR, Oct. 25, 1996, at E2. Return to text.

[177] (ABC 1967-1968). See Frank Lovece, Hide Under Your Couches! Unfriendly Visitors from Outer Space Will Soon be Invading Your Living Room, NEWSDAY, July 28, 1996, at C16. For a comparison of The Invaders with newer but like-minded series, see Noel Holston, Fumes and Flies Foul TV's New "Invaders", MINNEAPOLIS STAR-TRIB., Nov. 11, 1995, at O9E. Return to text.

[178] See Charles S. Clark, Popularity of the Paranormal is no Fiction to Television, Film Industries, ROCKY MOUNTAIN NEWS, June 2, 1996, at 9D. Return to text.

[179] Witness the recent flap over a six-year-old boy's "sexual harassment" of a classmate (he kissed her after she asked him to) and his subsequent suspension. See Another School Boy Suspended For Kissing Girl, AGENCE FRANCE- PRESSE, Oct. 2, 1996. On the suspension of the teenager who gave her friend a Midol tablet, see Rene Sanchez and Victoria Benning, Fearing Abuse and Lawsuits, Schools Just Say No to Legal Drugs, WASH. POST, Oct. 12, 1996, at A01. While the sentiments behind prosecution of such acts are intended to promote child safety, their result is to encourage the general public to belittle the very real problems that gender discrimination, harassment, and child abuse litigation are intended to eradicate. Return to text.

[180] Other recent examples are films such as Falling Down (1993), the Michael Douglas vehicle showing a frustrated executive "taking the law into his own hands" by taking revenge on everyone who annoys him. One commentator suggests that the character is based in part on Bernard Goetz. See Al Martinez, Let the Games Begin, L. A. TIMES, Sept. 6, 1994, at B3 (discussing local residents that stand up to gang violence). Charles Bronson, Steven Seagal, and Chuck Norris have made their careers depicting individuals who take independent revenge on wrongdoers in society to the delight of much of the movie-going public. See "'Death Wish' Sequel No. 1 at Box Office," SAN DIEGO UNION-TRIB., Nov. 13, 1985, at C7 (reporting that DEATH WISH 3 grossed $3.1 million during one weekend in 1985).

The individual who rights society's wrongs is not a new phenomenon. Maverick characters such as the Scarlet Pimpernel, Batman, the Lone Ranger, and Zorro are so common that they have become archetypal heroes, in some cases with supernatural powers (Superman). In some cases they are part of "the system," but in many cases not (Sherlock Holmes, Simon Templar ("the Saint"), Mike Hammer, Sam Spade, The Equalizer). Their primary interest is in justice, not in the letter of the law. However, in one way these characters are fundamentally different from characters like Venkman. They operate within and are faithful to a moral code. On the vigilante tradition and public frustration see Justified Bloodshed: Robert Montgomery Bird's Nick of the Woods and the Origins of the Vigilante Hero in American Literature and Culture, 15 J. AMERICAN CULTURE 51 (Summer 1992). Venkman and other picaresque characters are interested in their own well-being. Although at the end of the movie, Venkman and his colleagues face a terrifying ordeal in order to destroy Gozer, one can argue that they really have no choice if they hope to survive, and also want to rescue Lewis Tully and Venkman's "would-be girlfriend" Dana Barrett. Return to text.

[181] Admittedly, when Dana Barrett asks him if he is using the equipment correctly to test for psychic phenomena, he replies, "Well, I think so." But he is more interested in scoring points with her than in looking for her ghostly roommates, in whom he does not at that time believe. Return to text.

[182] On academic salaries, see Philip Walzer, Highest-Paid Academics Break Six Figures; Salaries Often Reflect Prestige of Schools, VA.-PILOT, July 31, 1994, at A1. Return to text.

[183] "[T]he average American thinks 37 percent of the $1.5 trillion federal budget could realistically be cut as wasteful." See 95% in Survey Think Government Wastes Lots of Tax Dollars, ARIZ. REPUBLIC, Sept. 6, 1993, at A2. Return to text.

[184] See generally Is Your Building Sick? ARIZ. REPUBLIC/PHOENIX GAZETTE, Aug. 27, 1994, at 2. Return to text.

[185] See supra note 33 (discussing likeness of GHOSTBUSTERS emblem to Casper, the Friendly Ghost). Return to text.