The successful defense of Superfund and RCRA imminent hazard cases begins with early identification of suspected government actions and development of strategies to deal with them. Failure to act quickly may foreclose both tactical and strategic options. Failure to demand split samples from the...

This is the second half of a two-part Article focusing on preclusions against successive enforcement of the environmental statutes. Part One of the Article, printed in Volume 28 of this Journal, examined preclusions against citizen suits and argued that because of the theme-and-variations nature...

This two-part Article examines the preclusion device, its legislative history, and the decisions interpreting it. Part One examines the device in citizen suit provisions. Part Two, to be published subsequently, will examine the device in EPA enforcement provisions. The two parts develop a...