Community Spirit

Louisiana State University law professor Christine Alice Corcos points out that Ghostbusters, apart from being an entertaining comedy, also offers “a thoughtful introduction to environmental law and policy, suitable for discussion in a law school class.” For example, the team has no license for the containment unit in the basement of their firehouse:

The LLRWA sets forth extremely specific terms under which sites must be proposed, evaluated, and chosen. It also mandates environmental impact statements, which the Ghostbusters could not have prepared since they did not notify any agency of their activities. Additionally, the LLRWA guidelines require that the waste being stored, and the disposal site, be structurally stable. Apparently the psychic waste being stored does not meet Class B or C waste guidelines, nor does it seem to have the minimum stability required by any other class. As we see on Peck’s second visit to the facility, it is neither liquid nor solid, and if released will likely ignite or emit toxic vapors. Furthermore, storage is likely to be advisable not for 100 years, as with Class A and B wastes, but forever. However, under RCRA, the government need only show that the waste is hazardous within the statutory definition. The EPA might prefer to exercise this option for this particular case.

On the other hand, it’s EPA lawyer Walter Peck who orders the unit to be shut down, over the team’s protests. “Peck’s unilateral action may leave the EPA liable for suit by New York City residents under the Federal Tort Claims Act,” Corcos writes. “A successful suit would have to fall outside one of two exceptions to the federal government’s waiver of immunity. The discretionary function exception, exempts the acts and omissions of a government employee ‘exercising due care in the execution of a statute or regulation,’ or specific intentional torts, such as assault, battery and false imprisonment. Peck’s behavior in forcing the release of the psychic waste arguably falls within the battery exception, as would Venkman’s claim of malicious prosecution.”

(Christine Alice Corcos, “‘Who Ya Gonna C(S)ite?’: Ghostbusters and the Environmental Regulation Debate,” Journal of Land Use & Environmental Law (1997): 231-272.) (Thanks, Mark.)