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13 J. Land Use & Envtl. L. 231 (1997-1998)
Who Ya Gonna C(S)ite - Ghostbusters and the Environmental Regulation Debate

handle is hein.journals/jluenvl13 and id is 237 raw text is: WHO YA GONNA C(S)ITE? GHOSTBUSTERS AND THE ENVIRONMENTAL REGULATION DEBATE CHRISTINE ALICE CORCOS* Table of Contents I. Introduction ................................................................................................ 232 II. Parties and Issues ....................................................................................... 237 A . The Prem ise of the Film ..................................................................... 237 B. Initial Concerns: Siting, Zoning, and Dangerous Practices at a LULU (Locally Undesirable Land Use) Site ............................. 239 III. Identifying and Approaching New Environmental Problems ............ 246 A. The Introduction and Licensing of New Technologies to Address Previously Unidentified Environmental Problems ........ 246 B. Problems of Preemption and Regulatory Oversight: The First W alter Peck Interview ........................................................ 249 C. The Applicability of the Low Level Radioactive Waste Act ......... 250 D. Other Possibly Applicable Statutes and Standards ........................ 252 E. The Chevron Standard ....................................................................... 253 F. Problems of Overreaching and Governmental Recklessness: The Second Peck Visit ......................................................................... 256 IV. Who Ya Gonna Sue? Causation, Liability, and Remedy ...................... 257 A. EPA Liability: Peck's Authority to Intervene and the Ghostbusters' Response ..................................................................... 257 B. G hostbuster Liability .......................................................................... 261 * Associate Professor of Law, Louisiana State University (LSU) Law Center. JD, Case Western Reserve University (CWRU) Law School; AMLS, University of Michigan; MA, BA, Michigan State University. This Essay grew out of the introductory lecture and discussion of clips from Ghostbusters in an experimental course which I co-taught with Professors Melvyn R. Durchslag, Andrew P. Morriss, and Wendy E. Wagner at CWRU Law School in 1994 and 1995. See Christine A. Corcos et al., Teaching a Megacourse: Adventures in Environmental Policy, Co-Teaching, and Group Grading, 47 J. LEGAL EDUC. 224 (1997). The term megacourse was created by the bemused and desperate Associate Dean, Wilbur C. Leatherberry, who tired of repeating the course's official title, Selected Problems in Environmental Law and Policy, along with four faculty names on every CWRU Law School curricular document. He eventually abbreviated the course title to Mega and the names to Faculty. I wish to thank Dr. Morriss and Professor Wagner, kindred spirits, for many stimulating discussions about the importance of environmental law, law and film, slimers, etc. I am particularly indebted to Professor Wagner for her valuable comments on the symbolism of Ghostbusters and for the value-added pun in the title of this Essay. Professor Jay Bybee of LSU kindly provided guidance in the Chevron area, Professor John Devlin, also of LSU, made useful suggestions about pedagogy, symbolism, and the nature of evil over muffalattas and beer, and Professor Kenneth Muchison of LSU read the manuscript with great attention and contributed valuable criticisms. Professor Thomas C. Galligan gave questions about potential application of the Federal Tort Claims Act much more consideration than they deserve. Professor Jonathan Entin, of CWRU, commented wisely on a film he still has not seen. Thanks are also due to Cheryl Cheatham, CWRU Law Library, for her thoughtful comments on an early draft of this Article, and to Alison Colwell, CWRU Law School Class of 1996) and Jill Kuswa, LSU Law Center Class of 1998, for superb research assistance.

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