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Brownfields Cleanup: A Look Back And Ahead Toward Superfund Authority, Clifford Villa
Brownfields Cleanup: A Look Back And Ahead Toward Superfund Authority, Clifford Villa
Faculty Scholarship
Did you know that the U.S. Environmental Protection Agency, through the Superfund program within each of the ten regional offices across the United States, has millions of dollars to spend each year for cleaning up contaminated sites that are not designated “Superfund” sites? Not many people seem to know that, even lawyers who practice in environmental law, or even law professors who teach it. If these elite folks do not know that, then how would ordinary community members know that, people with busy lives who don’t do Superfund for a living? The short answer is, they probably don’t know either.
Nature’S Personhood And Property’S Virtues, Laura Spitz, Eduardo M. Peñalver
Nature’S Personhood And Property’S Virtues, Laura Spitz, Eduardo M. Peñalver
Faculty Scholarship
This Article evaluates the strategy of claiming personhood for natural objects as a way to advance environmental goals in the United States. Using the Colorado River Ecosystem v. Colorado litigation as the focus, we explore the normative foundation of the claim—elements of nature are legal persons—and the work personhood is being asked to do by the plaintiff and other environmental activists. We identify three possibilities: procedural work, substantive work, and rhetorical work. Of those, we suggest the plaintiff’s strongest case is rhetorical. We say this not only because it will likely be difficult to convince a judge to extend standing …