The market has replaced the regulator. Superfund and the Dutch System. The triage system allows for some sites to be contained, not mitigated, some to be returned to full use because of low risk, and some to be mitigated, often at public expense. The mitigated sites must be cleaned to the level of customary use for the land in question. Sites are being cleaned.
Property rights tend to be protected and costs, contained.
Future environmental policy should place a premium on measuring, monitoring and reporting on environmental quality. Progress toward specific goals, as set by communities, should be the measure of success, not the number of suits, enforcement actions, and installation of technology. Innovation should be rewarded, not penalized. Valuable knowledge must be conserved. The larger environmental envelope that surrounds a community of environmental users should form the zone of control.