CLEANING UP THE MESS: IMPLEMENTATION STRATEGIES IN SUPERFUND
by Thomas W. Church and Robert T. Nakamura. Washington: The
Brookings Institution, 1993. 209 pp. Cloth $34.95. Paper $14.95.
Reviewed by Rosemary O'Leary, School of Public and Environmental
Affairs, Indiana University-Bloomington.
In CLEANING UP THE MESS: IMPLEMENTATION STRATEGIES IN SUPERFUND,
Thomas W. Church and Robert T. Nakamura investigate and analyze
the strategies of the United States Environmental Protection
Agency (EPA) to foster cleanup of hazardous waste sites. The book
is a series of case studies with subsequent analysis of "the
nitty-gritty" of Superfund decision making. The
implementation of the Comprehensive Environmental Response,
Compensation and Liability Act (Superfund or CERCLA) is described
and advice is given as to how the program might be implemented
more effectively.
Chapter one sets the stage by explaining the statutory framework
of the Superfund statute. The competing implementation strategies
of coercion, cooperation, and the "public works"
approach (i.e., cleaning up the sites) are overviewed. The
authors' case study approach is explained.
In Chapter Two, Church and Nakamura discuss Superfund's well
known statutory tools, such as strict liability, joint and
several liability and retroactive application. Actual
implementation strategies are described. Four objectives of the
Superfund program are outlined: application of an appropriate
remedy; minimum cost to taxpayers, expeditious cleanup of sites;
and minimum transaction costs.
The next three chapters present case studies of the challenges of
implementing Superfund. The authors deftly describe the cases,
neatly organized into prosecution, accommodation and public works
categories. Assessments of each strategy follow the case studies.
The sixth chapter examines "lessons learned" from the
case studies with the intent of illuminating what works and what
doesn't work in Superfund implementation. To their credit, the
authors emphasize that to truly understand Superfund
implementation, the reader must clearly understand the turbulent
"environment" in which the EPA operates. Examples of
sources of constraints include the courts, Congress, the budget,
and clashing bureaucratic and political imperatives. Examples of
lessons learned, roughly paraphrased, include (1) there are
trade-offs among strategies; (2) not all costs and risks
associated with cleanups will be borne by private parties; (3) it
may be possible in some situations to create a win-win agreement
among parties; and (4) each remedy should be site specific.
The authors close the book by presenting their "ruminations
on reform" which include such ideas as creating conditions
favorable to boundary spanning
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among organizations, alternative dispute resolution, creating a
new government organization, and modifying incentives, including
how we measure Superfund success. Prescriptions for successful
privatization of Superfund cleanups are presented, including:
considering transaction costs; recognizing how privatization ties
the hands of the EPA; developing realistic solutions; promoting
government actions that will be perceived as reasonable (because
those perceived as unreasonable may prompt resistance).
The book is well written and interesting to read. The thesis is
clearly stated and developed. To their credit, the authors make
clear the limits of their methodology and hence the limits of
their analyses. The use of evidence and documentation to back up
assertions and conclusions is a particularly strong feature of
the book. The book is logically organized.
The book would be an excellent text in introductory courses
concerning policy implementation, environmental policy and
environmental law. It also would be useful for elected officials
trying to understand the basics of the Superfund act and program.
Finally, the book would be useful for beginning lawyers with
little knowledge or experience concerning the intricacies of
hazardous waste cleanup.
The only shortcoming of the book (which is also a strength) is
its simplicity. The authors do not assume that the reader has any
knowledge of environmental policy, basic economics, or
"Government 101." For example, they go to great lengths
to explain concepts such as market failure (p. 17), and the
limits of privatization (p. 169). In addition, Church and
Nakamura put in writing what most people with some experience in
the field already know. The crazy Superfund implementation
stories that fuel this work, for example, are the subject of
conversation at every American Bar Association convention.
Nonetheless, CLEANING UP THE MESS is a fine contribution to the
literature. I would not hesitate to use it in my graduate and
undergraduate classes. It is especially a "must read"
for our newly elected congresspersons interested in responsible
government change.