In Whose Backyard, Whose Risk, environmental lawyer, professor, and commentator Michael B. Gerrard tackles the thorny issue of how and where to dispose of hazardous and radioactive waste. In Whose Backyard, Whose Risk, environmental lawyer, professor, and commentator Michael B. Gerrard tackles the thorny issue of how and where to dispose of hazardous and radioactive waste. Gerrard, who has represented dozens of municipalities and community groups that have fought landfills and incinerators, as well as companies seeking permits, clearly and succinctly analyzes a problem that has generated a tremendous amount of political conflict, emotional anguish, and transaction costs. He proposes a new system of waste disposal that involves local control, state responsibility, and national allocation to deal comprehensively with multiple waste streams. Gerrard draws on the literature of law, economics, political science, and other disciplines to analyze the domestic and international origins of wastes and their disposal patterns. Based on a study of the many failures and few successes of past siting efforts, he identifies the mistaken assumptions and policy blunders that have helped doom siting efforts. Gerrard first describes the different kinds of nonradioactive and radioactive wastes and how each is generated and disposed of. He explains historical and current siting decisions and considers the effects of the current mechanisms for making those decisions (including the hidden economics and psychology of the siting process). A typology of permit rules reveals the divergence between what underlies most siting disputes and what environmental laws actually protect. Gerrard then looks at proposals for dealing with the siting dilemma and examines the successes and failures of each. He outlines a new alternative for facility siting that combines a political solution and a legal framework for implementation. A hypothetical example of how a siting decision might be made in a particular case is presented in an epilogue.

Originally published in 1996. Although the history of commercial-power nuclear reactors is well known, the story of the government reactors that produce weapons-grade plutonium and tritium has been shrouded in secrecy. Supplying the Nuclear Arsenal looks at the origin and development of these production reactors, Rodney Carlisle and Joan Zenzen describe a fifty-year government effort no less complex, expensive, and technologically demanding than the Polaris or Apollo programs—yet one about which most Americans know virtually nothing. Carlisle and Zenzen describe the evolution of the early reactors, the atomic weapons establishment that surrounded them, and the sometimes bitter struggles between business and political constituencies for their share of "nuclear pork." They show how, since the 1980s, aging production reactors have increased the risk of radioactive contamination of the atmosphere and water table. And they describe how the Department of Energy mounted a massive effort to find the right design for a new generation of reactors, only to abandon that effort with the end of the Cold War. Today, all American production reactors remain closed. Due to short half-life, the nation's supply of tritium, crucial to modern weapons, is rapidly dwindling. As countries like Iraq and North Korea threaten to join the nuclear club, the authors contend, the United States needs to revitalize tritium production capacity in order to maintain a viable nuclear deterrent. Meanwhile, as slowly decaying artifacts of the Cold War, the closed production reactors at Hanford, Washington, and Savannah River, South Carolina, loom ominously over the landscape.