Digital Commons Network^™

Considering Comprehensive Water Legislation: Pennsylvania As A Case Study, Basil S. Donnelly, Stephan A. Hartman, Cathleen M. Stryker

Villanova Environmental Law Journal

No abstract provided.

Whose Grass Is Greener? Green Marketing: Toward A Uniform Approach For Responsible Environmental Advertising, Joanna Watman

Fordham Environmental Law Review

No abstract provided.

Environmental Criminal Enforcement In The 1990'S, Joseph G. Block

Villanova Environmental Law Journal

No abstract provided.

Going Naked Into The Thorns: Consequences Of Conducting An Environmental Audit Program, Linda Richenderfer, Neil R. Bigioni

Villanova Environmental Law Journal

No abstract provided.

The Environmental Prosecutor: New Jersey's Innovative Approach To Environmental Enforcement, Steven J. Madonna, Kathleen M. Breslin

Villanova Environmental Law Journal

No abstract provided.

Emotional Distress Damages In Toxic Tort Litigation: The Move Towards Foreseeablility, Adam P. Rosen

Villanova Environmental Law Journal

No abstract provided.

The Clean Air Act Amendments Of 1990: Enhanced Criminal Liability, Alexa B. Pappas

Villanova Environmental Law Journal

No abstract provided.

An Expansion Of Corporate Successor Liability Under Cercla: United States V. Distler, Susan M. Girard

Villanova Environmental Law Journal

No abstract provided.

Recovery Of Response Costs Under Cercla: A Question Of Causation Under Dedham Water Co. V. Cumberland Farms Dairy, Inc., Kim Kocher

Villanova Environmental Law Journal

No abstract provided.

Deferred Cost-Sharing Through Title Iv Of The 1990 Clean Air Act Amendments, Richard L. Trumka

Villanova Environmental Law Journal

No abstract provided.

The Oil Pollution Act Of 1990: Reaction And Response, Michael P. Donaldson

Villanova Environmental Law Journal

No abstract provided.

A View From The Trenches, Sara R. Nichols

Villanova Environmental Law Journal

No abstract provided.

Loveladies Harbor, Inc. V. United States: Application Of Traditional Regulatory Taking Law To The Regulation Of Wetlands, Judith A. Johnson

Villanova Environmental Law Journal

No abstract provided.

The New Federal Standards For Municipal Solid Waste Landfills: Adding Fuel To The Regulatory Fire, Kathleen Farrelly

Villanova Environmental Law Journal

No abstract provided.

Expanding The Reach Of The Bankruptcy Code's Automatic Stay Exception: City Of New York V. Exxon, Mark D. Chiacchiere

Villanova Environmental Law Journal

No abstract provided.

A Black (And Rising?) Tide: Controlling Maritime Oil Pollution In Canada, Suzanne Hawkes, Michael M'Gonigle

Osgoode Hall Law Journal

A series of dramatic oil spills in recent years has once again drawn critical attention to the nature and adequacy of existing domestic and international legislation regarding ship source oil pollution. Predictably, legislators and policy makers have responded with a plethora of studies, reviews, and consultations. However, past improvements to the domestic and international regimes have traditionally been slow and incremental, at best. In Canada, approximately three years have passed since the Nestucca spill took place off the B.C. coast. Yet, while there has been much discussion, domestic legislation remains virtually unaltered at the present time. The authors find that …

Footprints In The Shifting Sands Of The Isle Of Palms: A Practical Analysis Of Regulatory Takings Cases, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

It was not until the last day of the term, June 29, 1992, that the Court decided Lucas. By that time, interest could not have been greater. At issue was the validity of a regulation that prohibited all permanent development of the plaintiff's two beachfront lots. The South Carolina Supreme Court upheld the regulation by a 3-2 margin because it prevented a “great public harm.” The U.S. Supreme Court reversed that determination and remanded the case to determine whether South Carolina's common law of nuisance could prohibit the construction of single-family housing on the lots. The fractured Court delivered an …

Book Review: U.S. Energy And Environmental Interest Groups By Lettie Wenner, Tracey E. George

Vanderbilt Law School Faculty Publications

Interest groups have played a dominant if not determinative role in the "greening of America." Thus, that Lettie Wenner, a political scientist who has devoted much of her career to studying environmental issues (The Environmental Decade (1982) and One Environment Under Law (1976)), should publish a compendium describing such groups is an occasion for optimism. And, indeed, she does provide a useful reference tool for those seeking basic descriptions of these groups; yet, unfortunately, she does not offer a thorough or critical understanding of how they operate.

On Integrated Pollution Control, James E. Krier

Articles

Integrated pollution control, or IPC, can be defined for now as an approach to environmental regulation that "seeks particularly to link air, water, and waste programs. Its concern is institutional changes that reduce total risk to the environment from pollutants." 8 This sounds remarkably appealing, which perhaps explains IPC's recurring popularity. As we shall see, it enjoyed a brief celebrity about twenty years ago, and it is once again in vogue-especially within the U.S. Environmental Protection Agency (EPA).

Is the Agency's recent interest in IPC a good thing? We worry that it is not. First of all, IPC has an …

Judicial Deference To Executive Precedent, Thomas W. Merrill

Faculty Scholarship

In 1984, the Supreme Court adopted a new framework for determining when courts should defer to interpretations of statutes by administrative agencies. Previous decisions had looked to multiple contextual factors in answering this question. Chevron U.S., Inc. v. National Resources Defense Council, Inc. appeared to reject this approach and require that federal courts defer to any reasonable interpretation by an agency charged with administration of a statute, provided Congress has not clearly specified a contrary answer. The Court justified this new general rule of deference by positing that Congress has implicitly delegated interpretative authority to all agencies charged with enforcing …

Cleaning House: Environmental Hazards Can Undermine A Property's Use And Value, Michael B. Gerrard

Faculty Scholarship

Numerous horror movies and books depict the woes that befall fictional homeowners who don't know or care that they are living too close to cemeteries or brooding woods or scenes of hauntings.

However, even the vivid imaginations of filmmakers and novelists can't conjure up some of the real-life horrors that environmental hazards can create for property owners. These hazards can destroy the value and salability of property, render it unusable for its intended purpose, and burden owners with clean-up costs, fines and lawsuits.

Fortunately, an alert eye and inexpensive tests can identify most common environmental dangers.

Environmental Impediments To Bankruptcy Reorganizations, James K. Mcbain

Indiana Law Journal

No abstract provided.

The Dormant Commerce Clause After Garcia: An Application To The Interstate Commerce Of Sanitary Landfill Space, James Hinshaw

Indiana Law Journal

No abstract provided.

A Matchmaker's Challenge: Marrying International Law And American Environmental Law, David A. Wirth

David A. Wirth

No abstract provided.