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Model Law for Enforcing Prior Informed
Consent
To
make multilateral environmental agreements(MEAs) work,
it is necessary to develop enforceable national laws
to implement their international obligations. For the
MEAs on Prior Informed Consent and Persistent Organic
Pollutants, a model law should help transpose the international
obligations into enforceable national laws. This is
the conclusion of Richard W. Emory, Jr., a senior attorney
in the international enforcement and compliance program
at US EPA, in a recently published article entitled,
"Transposing to Enforceable National Laws the Obligations
of the PIC and POPs Conventions for Imports and Exports."
Emory's article appears n the 2002 Yearbook of the Colorado
Journal of International Environmental Law and Policy.
The article is a sequel to the author's paper published
in the 2001 Yearbook that probed the problematic language
and omissions of the PICC that may impair its implementation
and enforceability. The new article examines the relationship
between the Pops and PIC conventions and other MEAs,
including the Basel Convention on Hazardous Waste, as
well as the growing international awareness of the problems
of MEA enforcement. At the end of the article the author
presents a model national law for tracking shipments
of Pops and PIC chemicals that may also be adapted to
and be effective for a wide range of the substances
or products that must be tracked as they are shipped
internationally.
Drycleaner
Receives Record Jail Sentence
A California businessman has been handed the longest
jail sentence in Colorado history for an environmental
crime. Hormoz Pourat was sentenced to spend 17 years
in jail and pay a $100,000 fine for violating Colorado's
Organized Crime Control Act by illegally disposing of
hazardous wastes from a dry cleaning business. Pourat
is one of the principal managers and owners of a hazardous
waste management company known as AAD, which operated
in Colorado and California. AAD accepted waste perchloroethylene
dry cleaning solvent from dry cleaners in nine states
throughout the western United States, promising to incinerate
the wastes at licensed hazardous waste disposal sites.
On many occasions, however, the California facility
would simply falsify manifests and ship the drums of
untreated waste back to Colorado, where the hazardous
waste would be repackaged into cubic yard boxes. The
boxes were then mislabeled and shipped for illegal disposal
at hazardous waste landfills in Idaho and Nevada. Pourat's
sentence was based on a grand jury indictment in the
state's first ever-environmental case charging criminal
racketeering. The other principal owner of the companies,
Harry Pourat, is believed to have fled the country to
avoid prosecution, perhaps to his native country of
Iran. For more information, visit http://www.saems.org/Hazmatters/2002/nl-aug02.pdf.
Indian
Court Orders Extradition of Former Union Carbide Executive
On August 28, 2002, Chief Judicial Magistrate Rameshwar
Kotha of Bhopal, India ordered the Central Bureau of
Investigations to begin extradition proceedings against
Warren Anderson, the former Chairman of Union Carbide,
a U.S.-based corporation. Anderson is charged with culpable
homicide. If convicted, he faces up to 20 years in prison.
The charges stem from a methyl isocyanate gas leak from
the Union Carbide plant in Bhopal on December 2, 1984,
which cost the lives of over 14,000 people. The order
follows an effort, lead by a team of journalist and
Greenpeace volunteers, which recently tracked down the
elusive Mr. Anderson in Bridgehampton, Long Island,
New York.
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