Page:United States Statutes at Large Volume 94 Part 3.djvu/163

 PUBLIC LAW 96-510—DEC. 11, 1980

94 STAT. 2807

interstate or intrastate, or both, with similar hazardous waste management needs; ^ (C) solicitation and analysis of proposals for the construction and operation of hazardous waste management facilities by nongovernmental entities, except that no proposal solicited under terms of this subsection shall be analyzed if it involves cost to the United States Government or fails to comply with the requirements of subtitle C of the Solid Waste Disposal Act and 42 USC 6921. other applicable provisions of law; (D) recommendations on the appropriate balance between public and private sector involvement in the siting, design, and operation of new hazardous waste management facilities; (E) documentation of the major reasons for public opposition to new hazardous waste management facilities; and (F) an evaluation of the various options for overcoming obstacles to siting new facilities, including needed legislation for implementing the most suitable option or options. (e)(1) In order to determine the adequacy of existing common law and statutory remedies in providing legal redress for harm to man and the environment caused by the release of hazardous substances into the environment, there shall be submitted to the Congress a study within twelve months of enactment of this Act. (2) This study shall be conducted with the assistance of the American Bar Association, the American Law Institute, the Association of American Trial Lawyers, and the National Association of State Attorneys General with the President of each entity selecting three members from each organization to conduct the study. The study chairman and one reporter shall be elected from among the twelve members of the study group. (3) As part of their review of the adequacy of existing common law and statutory remedies, the study group shall evaluate the following: (A) the nature, adequacy, and availability of existing remedies under present law in compensating for harm to man from the release of hazardous substances; (B) the nature of barriers to recovery (particularly with respect to burdens of going forward and of proof and relevancy) and the role such barriers play in the legal system; (C) the scope of the evidentiary burdens placed on the plaintiff in proving harm from the release of hazardous substances, particularly in light of the scientific uncertainty over causation with respect to— (i) carcinogens, mutagens, and teratogens, and (ii) the human health effects of exposure to low doses of hazardous substances over long periods of time; (D) the nature and adequacy of existing remedies under present law in providing compensation for damages to natural resources from the release of hazardous substances; (E) the scope of liability under existing law and the consequences, particularly with respect to obtaining insurance, of any changes in such liability; (F) barriers to recovery posed by existing statutes of limitations. (4) The report shall be submitted to the Congress with appropriate recommendations. Such recommendations shall explicitly address— (A) the need for revisions in existing statutory or common law, and

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