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Environmental Law

1996

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Revitalizing Environmental Federalism, Daniel C. Esty Dec 1996

Revitalizing Environmental Federalism, Daniel C. Esty

Michigan Law Review

Politicians from Speaker Newt Gingrich to President Bill Clinton, cheered on by academics such as Richard Revesz, are eagerly seeking to return authority over environmental regulation to the states. In the European Union, localist opponents of environmental decisionmaking in Brussels rally under the banner of "subsidiarity." And in debates over international trade liberalization, demands abound for the protection of "national sovereignty" in environmental regulation. All of these efforts presume that a decentralized approach to environmental policy will yield better results than more centralized programs. This presumption is misguided. While the character of some environmental concerns warrants a preference for local …


Table Of Contents Nov 1996

Table Of Contents

Journal of Environmental and Sustainability Law

No abstract provided.


Federal Tax Treatment Of Environmental Clean-Up Costs: An Ever Changing Doctrine , Joan M. Swartz Nov 1996

Federal Tax Treatment Of Environmental Clean-Up Costs: An Ever Changing Doctrine , Joan M. Swartz

Journal of Environmental and Sustainability Law

No abstract provided.


Allowing States To Avoid Accountability: A Death Knell For Private Enforcement Of Federal Environmental Laws? Seminole Tribe Of Florida V. Florida, Melissa Mcallister Nov 1996

Allowing States To Avoid Accountability: A Death Knell For Private Enforcement Of Federal Environmental Laws? Seminole Tribe Of Florida V. Florida, Melissa Mcallister

Journal of Environmental and Sustainability Law

No abstract provided.


What Happened?: U.S. District Court Rules Cercla Not Retroactive And Unconstitutional Under The Commerce Clause. United States V. Olin Corp. , Mitch Burgess Nov 1996

What Happened?: U.S. District Court Rules Cercla Not Retroactive And Unconstitutional Under The Commerce Clause. United States V. Olin Corp. , Mitch Burgess

Journal of Environmental and Sustainability Law

No abstract provided.


Eighth Circuit Declares New Law For Owners Of Land Encumbered By Fws Easements: Drain Those After-Expanded Wetlands, But Ask Nicely First. United States V. Johansen, Laura Krasser Nov 1996

Eighth Circuit Declares New Law For Owners Of Land Encumbered By Fws Easements: Drain Those After-Expanded Wetlands, But Ask Nicely First. United States V. Johansen, Laura Krasser

Journal of Environmental and Sustainability Law

No abstract provided.


Case To Watch Nov 1996

Case To Watch

Journal of Environmental and Sustainability Law

No abstract provided.


Missouri Attorney General Enforcement Actions Nov 1996

Missouri Attorney General Enforcement Actions

Journal of Environmental and Sustainability Law

No abstract provided.


Case Summaries Nov 1996

Case Summaries

Journal of Environmental and Sustainability Law

No abstract provided.


Standing For Potentially Responsible Parties Under Sec. 107 And 113 Of Cercla: Laidlaw Waste Systems Inc. V, Mallinckrodt Specialty Chemicals , Edward S. Stevens Nov 1996

Standing For Potentially Responsible Parties Under Sec. 107 And 113 Of Cercla: Laidlaw Waste Systems Inc. V, Mallinckrodt Specialty Chemicals , Edward S. Stevens

Journal of Environmental and Sustainability Law

No abstract provided.


Implementing The Public Welfare Requirement In New Mexico's Water Code, Consuelo Bokum Oct 1996

Implementing The Public Welfare Requirement In New Mexico's Water Code, Consuelo Bokum

Publications

Despite the fact that the New Mexico legislature added a public welfare criterion to the water code over 10 years ago, the State Engineer Office has not addressed the application of the criterion by regulation and has only addressed the public welfare briefly in a few decisions. There is almost no case law in New Mexico addressing this issue. More and more participants, however, are raising public welfare in water rights protests. This paper addresses how the public welfare criterion has developed in western water law and proposes an approach for use of the criterion in New Mexico.


Lender Liability Under Cercla: Options For Lenders Faced With Potential Liability, John Charles Bell Oct 1996

Lender Liability Under Cercla: Options For Lenders Faced With Potential Liability, John Charles Bell

Buffalo Environmental Law Journal

No abstract provided.


The Ethical Implications, Political Ramifications And Practical Limitations Of Adopting Sustainable Development As National And International Policy, Gary D. Meyers, Simone C. Muller Oct 1996

The Ethical Implications, Political Ramifications And Practical Limitations Of Adopting Sustainable Development As National And International Policy, Gary D. Meyers, Simone C. Muller

Buffalo Environmental Law Journal

This paper is a revised version of a presentation given by Dr. Meyers at the International Conference on a Sustainable Society, Kobe, Japan (March 19-21, 1994).


Livestock Production: The Unsustainable Environmental And Economic Effects Of An Industry Out Of Control, Robert H. Smith Oct 1996

Livestock Production: The Unsustainable Environmental And Economic Effects Of An Industry Out Of Control, Robert H. Smith

Buffalo Environmental Law Journal

No abstract provided.


Resource Law Notes Newsletter, No. 38, Fall Issue, Aug. 1996, University Of Colorado Boulder. Natural Resources Law Center Oct 1996

Resource Law Notes Newsletter, No. 38, Fall Issue, Aug. 1996, University Of Colorado Boulder. Natural Resources Law Center

Resource Law Notes: The Newsletter of the Natural Resources Law Center (1984-2002)

No abstract provided.


Preserving Dynamic Systems: Wetlands, Ecology And Law, Alyson C. Flournoy Oct 1996

Preserving Dynamic Systems: Wetlands, Ecology And Law, Alyson C. Flournoy

Duke Environmental Law & Policy Forum

No abstract provided.


Ecosystem Management In The Clinton Administration, George Frampton Oct 1996

Ecosystem Management In The Clinton Administration, George Frampton

Duke Environmental Law & Policy Forum

No abstract provided.


Environmental Law At Maryland, No. 5, Fall 1996 Oct 1996

Environmental Law At Maryland, No. 5, Fall 1996

Environmental Law at Maryland

No abstract provided.


The Big Push: Emigration In The Age Of Environmental Catastrophe, William Plummer Oct 1996

The Big Push: Emigration In The Age Of Environmental Catastrophe, William Plummer

Indiana Journal of Global Legal Studies

No abstract provided.


Editor’S Note Oct 1996

Editor’S Note

Duke Environmental Law & Policy Forum

No abstract provided.


Preserving Dynamic Systems: Wetlands, Ecology And Law, Alyson C. Flournoy Oct 1996

Preserving Dynamic Systems: Wetlands, Ecology And Law, Alyson C. Flournoy

UF Law Faculty Publications

Ecology has advanced human understanding of natural systems considerably over the course of this century. Wetlands law and policy have evolved in response to our increased understanding of wetlands and the many benefits we derive from them. Notwithstanding this shift in policy and law, roughly 50% of the wetlands that existed in the continental United States in colonial times have been lost or degraded largely as a result of recent human activity. Current policies struggle to reconcile the goal of preventing further loss with the pervasive concern for making our laws more efficient.

This essay explores the lessons ecology offers …


Essay—Insurance Coverage For Environmental Clean-Up Costs Under Comprehensive General Liability Policies, Jim L. Julian, Charles L. Schlumberger Oct 1996

Essay—Insurance Coverage For Environmental Clean-Up Costs Under Comprehensive General Liability Policies, Jim L. Julian, Charles L. Schlumberger

University of Arkansas at Little Rock Law Review

No abstract provided.


Beyond The Balance Of Nature, Jonathan Baert Wiener Oct 1996

Beyond The Balance Of Nature, Jonathan Baert Wiener

Duke Environmental Law & Policy Forum

No abstract provided.


Adjusting Law To Nature’S Discordant Harmonies, Daniel B. Botkin Oct 1996

Adjusting Law To Nature’S Discordant Harmonies, Daniel B. Botkin

Duke Environmental Law & Policy Forum

No abstract provided.


Change, Constancy, And Creativity: The New Ecology And Some Old Problems, Bryan Norton Oct 1996

Change, Constancy, And Creativity: The New Ecology And Some Old Problems, Bryan Norton

Duke Environmental Law & Policy Forum

No abstract provided.


Managing Without A Balance: Environmental Regulation In Light Of Ecological Advances, Timothy H. Profeta Oct 1996

Managing Without A Balance: Environmental Regulation In Light Of Ecological Advances, Timothy H. Profeta

Duke Environmental Law & Policy Forum

No abstract provided.


Making The Law More Ecocentric: Responding To Leopold And Conservation Biology, Walter Kuhlmann Oct 1996

Making The Law More Ecocentric: Responding To Leopold And Conservation Biology, Walter Kuhlmann

Duke Environmental Law & Policy Forum

No abstract provided.


Environmental Law: Ethics Or Science?, A. Dan Tarlock Oct 1996

Environmental Law: Ethics Or Science?, A. Dan Tarlock

Duke Environmental Law & Policy Forum

No abstract provided.


The Potential For Unconventional Progress: Complex Adaptive Systems And Environmental Quality Policy, Gerald Andrews Emison Oct 1996

The Potential For Unconventional Progress: Complex Adaptive Systems And Environmental Quality Policy, Gerald Andrews Emison

Duke Environmental Law & Policy Forum

No abstract provided.


Environmental Justice And Native Americans: The Mescalero Apache And Monitored Retrievable Storage, Kristin Shrader-Frechette Oct 1996

Environmental Justice And Native Americans: The Mescalero Apache And Monitored Retrievable Storage, Kristin Shrader-Frechette

Natural Resources Journal

No abstract provided.