Hazardous waste,distributional conflict,and a trilogy of failures

Environmentally dangerous but profitable hazardous waste disposal is an instance of market failure. Tort law has failed as a social mechanism to sanction powerful corporations for such crimes against the environment. The federal Superfund hazardous waste cleanup program, a regulatory system created to fill this void, is also marked by failure. This article makes the case that the inability to resolve Superfund-engendered distributional conflicts has precluded the efficient and equitable outcomes that characterize a socially beneficial market, tort, or regulatory response. A political economy of regulation that links conflict, conflict resolution, and Superfund failure is examined.