The United States has made significant strides in environmental protection over the past few decades. Federal and state governments have developed elaborate systems of regulations to control the emission of pollutants. Most of these regulations are medium-specific in that they control discharges made in the air, water or on the land. Improvement in rivers and the more healthful air that we breathe are testaments to the successes of our environmental laws.

Despite the achievements in pollution control, the regulatory approach of our statutes has acknowledged drawbacks. The practice of controlling wastes at the end of the pipeline results in large quantities of wastes to dispose of. Disposal is expensive and usually leaves residual risks to human health and the environment. A more protective approach, if achievable, would be to prevent the creation of wastes in the first instance.

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