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Full-Text Articles in Law
Habitat Federalism, Robert L. Fischman
Habitat Federalism, Robert L. Fischman
Articles by Maurer Faculty
THE COMMON IMAGE OF COOPERATIVE FEDERALISM INVOLVES the Environmental Protection Agency (EPA) inducing states to adopt permit and other pollution abatement programs. States can tailor some standards, but public health benchmarks and end-of-the-pipe technologies are uniform across the nation. Inducements include both carrots, mostly in the form of federal funds and flexibility, and sticks, mostly in the form of penalties and loss of control.
This essay discusses cooperative federalism for habitat conservation. Habitat federalism focuses more on ecology than chemistry, more on cities and counties than states, and more on place-based variation than on uniform standards. It is about how …
The Epa's Nepa Duties And Ecosystem Services, Robert L. Fischman
The Epa's Nepa Duties And Ecosystem Services, Robert L. Fischman
Articles by Maurer Faculty
No abstract provided.
Worst Things First: Risk, Information, And Regulatory Structure In Toxic Substances Control, John S. Applegate
Worst Things First: Risk, Information, And Regulatory Structure In Toxic Substances Control, John S. Applegate
Articles by Maurer Faculty
Scientific uncertainty is the characteristic problem of toxic substances control, and regulators lack the resources to resolve or significantly reduce uncertainty across all of the risks they must address. For this reason, the Environmental Protection Agency (EPA) has become intensely interested in setting priorities among its responsibilities. EPA lacks, however, a coherent framework within which to implement its findings. In this Article, Professor Applegate proposes that the current regulatory regime for toxic substances be restructured to emphasize thoughtful priority setting rather than unrealistic risk standards and deadlines. In his view, Congress should provide broad parameters for agency action in particular …
A Nonregulatory Challenge, A. James Barnes
A Nonregulatory Challenge, A. James Barnes
Articles by Maurer Faculty
No abstract provided.
Toxic Victim Compensation, A. James Barnes
Toxic Victim Compensation, A. James Barnes
Articles by Maurer Faculty
No abstract provided.
Environmental Controls: Water Pollution Control Act Of 1972, Nicholas L. White
Environmental Controls: Water Pollution Control Act Of 1972, Nicholas L. White
Articles by Maurer Faculty
No abstract provided.