Digital Commons Network^™

"Greening" The Constitution - Harmonizing Environmental And Constitutional Values, Robert V. Percival

Faculty Scholarship

No abstract provided.

Sprawl, Growth Boundaries And The Rehnquist Court , Michael E Lewyn

Michael E Lewyn

This article addresses the constitutionality and wisdom of Oregon's urban growth boundary (UGB) program. The article concludes that the program is constitutional under current precedent, and that (contrary to claims made by UGB critics) there is little evidence that the UGB has caused Oregon's runup in housing prices. On the other hand, UGB supporters may have exaggerated the UGB's positive environmental results.

Awkward Evolution: Citizen Enforcement At The North American Environmental Commission, Paul Stanton Kibel

Paul Stanton Kibel

No abstract provided.

Treaties In Collision: The Biosafety Protocol And The World Trade Organization Agreements, Sabrina Safrin

Rutgers Law School (Newark) Faculty Papers

In the event of a conflict between the requirements of the Biosafety Protocol, a multilateral agreement governing the trade in genetically modified organisms, and the requirements of the General Agreement on Tariffs and Trade and associated agreements (collectively WTO Agreements), which treaty's requirements prevail? This question lies as the legal heart of the perceived conflict between trade globalization and environmental protection. This issue is particularly timely given the present trade dispute between the United States and European Union over the European Union’s restrictions on the importation of genetically modified agricultural commodities.

In this piece, I analyze the relationship between these …

Recent Developments Concerning Environmental Law And Agriculture, Linda A. Malone

Faculty Publications

No abstract provided.

Why Lawyers Should Care, John C. Dernbach

John C. Dernbach

No abstract provided.

Current Developments: The Sixth Session (Part Two) And Seventh Session Of The Conference Of The Parties To The Framework Convention On Climate Change, David A. Wirth

David A. Wirth

No abstract provided.

A Comparison Of Environmental Impact Assessment Process Between The National Environmental Protection Act (Nepa) And The Basic Environmental Protection Act (Bepa), V An Rhee

LLM Theses and Essays

The importance of environmental laws in the developed countries has been well recognized for a long time and a number of regulations, orders and statutes are practically operated for protection of human environments. The environmental laws are firmly located as one of major laws in the legal systems of the United States. Although Korea’s environmental laws were made when those of the United States were created, different backgrounds Korea has affect from establishment of them to development and have brought about harms to environments, which are not originally intended. After several amendments of environmental laws of Korea, there is the …

An Ivy League Mystery: The Lost Papers Of Arthur Linton Corbin, Scott D. Gerber

South Carolina Law Review

No abstract provided.

Legal Ethics For Environmental Lawyers: Real Problems, New Challenges, And Old Values, Sanford M. Stein, Jan M. Geht

William & Mary Environmental Law and Policy Review

No abstract provided.

Senator Edmund S. Muskie And The Dawn Of Modern American Environmental Law: First Term, 1959-1964, Robert F. Blomquist

William & Mary Environmental Law and Policy Review

No abstract provided.

Fourth Circuit Summary, Anne C. Dowling, Laurina Spolidoro

William & Mary Environmental Law and Policy Review

No abstract provided.

International Decisions. European Communities -- Measures Affecting Asbestos And Asbestos-Containing Products, David A. Wirth

David A. Wirth

No abstract provided.

Connecting Land, Water, And Growth (With L. Lucero), A. Dan Tarlock

All Faculty Scholarship

No abstract provided.

The Future Of Prior Appropriation In The West, A. Dan Tarlock

All Faculty Scholarship

No abstract provided.

The Potential Role Of Local Governments In Watershed Management, A. Dan Tarlock

All Faculty Scholarship

No abstract provided.

The Future Of Prior Appropriation In The West, A. Dan Tarlock

Dan Tarlock

No abstract provided.

Connecting Land, Water, And Growth (With L. Lucero), A. Dan Tarlock

Dan Tarlock

No abstract provided.

The Potential Role Of Local Governments In Watershed Management, A. Dan Tarlock

Dan Tarlock

No abstract provided.

The Current State Of Environmental Criminal Enforcement In Louisiana, An Insider’S View, Beau James Brock

Beau James Brock

The costs of committing environmental crimes are going up in Louisiana as increased enforcement by EPA-CID has been initiated with other federal and state partners.

What Lawmakers Can Learn From Large-Scale Ecology, Fred P. Bosselman

All Faculty Scholarship

No abstract provided.

What Lawmakers Can Learn From Large-Scale Ecology, Fred P. Bosselman

Fred P. Bosselman

No abstract provided.

A Game-Theoretic Approach To Regulatory Negotiation And A Framework For Empirical Analysis, Shi-Ling Hsu

Shi-Ling Hsu

While regulatory agencies have been engaging in negotiation with regulated parties and other stakeholders for decades now, careful study of the implications of such negotiations have lagged. In particular, while several commentators have now staked out intellectual ground on the theoretical ramifications of regulatory negotiation, empirical analyses of regulatory negotiations have been lacking. This article analyzes the implications of regulatory "reinvention" as the latest in a series of administrative initiatives aimed at achieving better rulemaking and adjudication through negotiations. Reinvention is commonly understood to mean those programs that utilize negotiated agreements to implement regulatory requirements imposed by various environmental statutes. …

Learning From The President’S Council On Sustainable Development: The Need For A Real National Strategy, John C. Dernbach

John C. Dernbach

This is a review of United States sustainable development efforts at the national level from 1992-2002. At the United Nations Conference on Environment and Development in 1992, the United States and other countries agreed to develop and implement a national sustainable development strategy in order to fully integrate environmental matters into national decision making. In this period, the United States did not have such a strategy. Through much of the Clinton Administration, the President's Council on Sustainable Development (PCSD) (1993-1999) provided the basis for such a strategy through a rich variety of policy recommendations, but relatively little effort was made …

Environmental Law, Ronald Bruce St John

Denver Journal of International Law & Policy

No abstract provided.

The 2002 Johannesburg World Summit On Sustainable Development: International Environmental Law Collides With Reality, Turning Jo'burg Unto Joke'burg, George Pring

Denver Journal of International Law & Policy

No abstract provided.

Factual Causation In Toxic Tort Litigation: A Philosophical View Of Proof And Certainty In Uncertain Disciplines, Danielle M. Conway

Faculty Scholarly Works

No abstract provided.

In Praise Of Parochialism: The Advent Of Local Environmental Law, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

This Article explains the role that local governments have assumed in protecting the environment, explores the means by which they have obtained their authority to do so, and discusses how this enhanced municipal role should influence environmental and land use policy at the federal and state level. Part II reviews federal efforts to control nonpoint source pollution, and identifies the constraints on federal action. Among these constraints is the national understanding that the power to control the private use of land is a state prerogative, one that has been delegated, in most states, to local governments. Part III describes how …

Introduction: Considering The Trend Toward Local Environmental Law, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

In this symposium issue of the Pace Environmental Law Review we take a close look at the advent of local environmental law. With the editors of the Review and a number of distinguished scholars and practitioners, we define what this new field is and consider what it means for public policy and the practice of law. The intent of this issue is to invite lawyers, scholars, practitioners, legislators, regulators, students, and citizen leaders to consider this burgeoning new field: local environmental law. It is my task to introduce the reader to the field and frame the issues for its further …

Renewable Energy Sources For Development, Richard L. Ottinger

Elisabeth Haub School of Law Faculty Publications

Renewable energy resources hold great promise for meeting the energy and development needs of countries throughout the world. This promise is particularly strong for developing countries where many regions have not yet committed to fossil fuel dominance. Solar photovoltaic and solar thermal technologies are particularly advantageous for serving the two billion people in rural areas without grid electricity. Modern biomass energy is attractive because it uses locally available agricultural wastes. Wind energy and small hydroelectric resources also are mature technologies well suited to developing countries. Such renewable resources are far more economical than traditional energy resources, especially where the costs …