Legal impediments

Legal impediments to development of a new waste classification system would be ignored. These include, for example, the distinction between radioactive waste that arises from operations of the nuclear fuel-cycle and NARM waste, which is based on provisions of AEA, the distinction between radioactive and hazardous chemical wastes, which is based on provisions of AEA and RCRA, and the provision in the National Energy Policy Act that prohibits NRC from establishing a general class of exempt radioactive waste. 

The revolutionary conception of citizenship in France swept away the legal impediments under which the Jewish community had labored. Wherever French armies penetrated after the Revolution and in the Napoleonic conquests, their arrival was accompanied by the extension of full citizenship to Jews. See Pierre Birn-... 

There may also be regulatory and even legal impediments to evidence-based, cost-effective best practice, which undermine one of the main advantages of demand-side subsidies. Ministries of health frequendy have norms for treating health problems—norms that do not always represent evidence-based best practice or the most cost-effective way of addressing a problem. In some cases, the norms may not have kept up with new technologies. Ministerial norms do not always apply to the private sector. Al-... 

The Agency does admit that significant legal impediments exist to implementing them. 

There should be no legal impediment for the purchase of the plant or transfer of the process know-how and technology from the government of the vendor s country. 

LEGAL IMPEDIMENTS TO THE DEPLOYMENT OF APPROPRIATE WARNING DEVICES... 

In addition to the effort required to develop a comprehensive and risk-based hazardous waste classification system based on NCRP s recommendations, several legal and regulatory impediments would need to be addressed. However, the resulting classification system would be more transparent and understandable than the separate classification systems for radioactive and hazardous chemical wastes... 

The present distinction between radioactive waste that arises from operations of the nuclear fuel cycle and NARM waste provides an unnecessary impediment to development of a classification system that applies to all radioactive wastes. This distinction is not based on considerations of protection of public health but is based only on the source of the waste. NCRP notes that EPA s proposed guidance on radiation protection of the public (EPA, 1994d) encourages elimination of this legal distinction, because the guidance specifies that dose limits for all sources of radiation exposure combined and authorized limits for individual sources or practices should be applied to essentially all controllable sources, excluding indoor radon, not just to sources associated with the nuclear fuel cycle. 

The provision of the National Energy Policy Act (NEPA, 1992) that prohibits NRC from establishing dose criteria that could be used to exempt radioactive wastes from licensing requirements for disposal clearly is an impediment to development of generally applicable exemption levels for radioactive waste. An exempt class of radioactive and hazardous chemical waste is the cornerstone of the risk-based waste classification system developed in this Report, and any legal and regulatory impediments to establishment of generally applicable exemption levels would need to be removed. 

All these facets are made even more difficult by the remoteness of Antarctica, its inherently hostile nature and the obviously high costs associated with the obtain-ment of samples therefrom, not to mention that there are several other factors (such as legal constraints and technical impediments) which render Antarctic samples unique in the vast majority of cases. The scheme in Figure 1.2 summarizes the main categories of samples that can be collected for environmental studies in Antarctica. 

The greatest impediment to understanding the effects of product liability on the drug R D process is the lack of evidence on trends in pharmaceutical liability cases. Data on court cases are limited because the legal system adjudicates only a small fraction of all product liability claims and because there is no... 

In summary, technical solutions are available for agricultural nonpoint source pollution control. However, persistent problems (e.g. economic, social, institutional, legal, etc.) often represent impediments to rapid and consistent implementation. Continued improvements in soil conservation and pollution reduction from agricultural land (nonpoint source) will require long-term support for education, technical assistance and financial assistance. 

Every terrorist incident is a crime scene. As a consequence it is incumbent on all those who resjrond to ensure that wherever possible no impediment to a successful criminal or legal inquiry is created. Nevertheless, the first priority is to save lives and prevent suffering. 

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