CLEANUP OF NATIONAL PRIORITIES LIST SITES, FUNCTIONAL EQUIVALENCE AND THE NEPA ENVIRONMENTAL IMPACT STATEMENT

Howard Geneslaw

This Article examines the underlying policies of the National Environmental Policy Act of 1969 (NEPA) and the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), their legislative histories and the judicial development of the functional equivalence doctrine. Next, it reviews the Environmental Protection Agency's revised public relations procedures, relating to remedy selection and public participation, to determine whether these procedures adequately resolve the deficiencies for which the EPA's proposed procedures were criticized in 1984. The Article then reviews relevant court decisions concerning functional equivalence, particularly those decided since 1984. Lastly, it addresses the question of whether the EPA is required to prepare a NEPA environmental impact statement prior to commencing cleanup of National Priorities List sites.

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