NCJ Number
95622
Journal
Federal Probation Volume: 48 Issue: 2 Dated: (June 1984) Pages: 53-58
Date Published
1984
Length
6 pages
Annotation
Using Love Canal, N.Y., as a case study, this paper illustrates the difficulty of doing justice in cases of exposure to hazardous waste, as it examines issues of causation, prosecution, sentencing, and prevention.
Abstract
Love Canal was begun in 1894 to connect the Niagara River to Lake Ontario, but the project was soon abandoned. Hooker Chemical Company bought the property in 1940 and dumped chemical wastes there from 1947 to 1952; the U.S. Army also dumped wastes there during the same period. In 1953, Hooker sold the property to the Niagara School Board for $1; the deed contained a waiver of responsibility for any injuries that might result from buried chemicals. Hooker does not appear to have acted irresponsibly; in fact, it is the school board and the City of Niagara Falls which failed to act cautiously. Perhaps the major reason for the continuing legal entanglement surrounding Love Canal is that both the Federal and State suits are against Hooker, and Hooker is the wrong target. The limited avenues for prosecution in cases like Love Canal are discussed, and also considered is the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, which established a $1.6 billion 'superfund' to be administered by the Environmental Protection Agency to clean up hazardous waste sites. Governments should be advised to pursue a policy of compensation for hazardous waste victims until such problems can be prevented through deterrence or reformation. Twenty-three references are provided.