Law Commons^™

Using Competition-Based Regulation To Bridge The Toxics Data Gap, Wendy Wagner

Indiana Law Journal

Symposium: Missing Information: The Scientific Data Gap in Conservation and Chemical Regulation, held on March 24, 2006 at Indiana University School of Law- Bloomington.

Supply, Demand, And Consequences: The Impact Of Information Flow On Individual Permitting Decisions Under Section 404 Of The Clean Water Act, Alyson C. Flournoy

Indiana Law Journal

Symposium: Missing Information: The Scientific Data Gap in Conservation and Chemical Regulation, held on March 24, 2006 at Indiana University School of Law- Bloomington.

Uncertainty And The Endangered Species Act, Teresa Woods, Steve Morey

Indiana Law Journal

The U.S. Endangered Species Act requires the US. Fish and Wildlife Service to use the "best available" information when deciding whether to list species as threatened or endangered, and when regulating conservation for species already listed. The agency has discretion to determine the types, quantity, and quality of the information it uses as "best available, "but little discretion to defer decision making in cases where important scientific information is lacking. Complexities of nature, obscurity of many species' life history, and changing environmental circumstances are only some of the reasons why information is rarely complete, and why decisions are almost always …

The Divides Of Environmental Law And The Problem Of Harm In The Endangered Species Act, Robert L. Fischman

Indiana Law Journal

Symposium: Missing Information: The Scientific Data Gap in Conservation and Chemical Regulation, held on March 24, 2006 at Indiana University School of Law- Bloomington.

Forward, John S. Applegate, Robert L. Fischman

Indiana Law Journal

Scientific information has become a centralr ationalef or environmental regulation, and scientific uncertainty is viewed as a major obstacle in developing, justifying, and enforcing environmental laws and policies. In the context of environmental regulation, scientific information may be analyzed as subject to both supply and demand. A regulatory system that supplies more scientific information than it demands can operate effectively to impose protective regulation. By contrast, a system that demands more information than it supplies will face a "data gap "and will fail to accomplish its protective goals. The data gap can be addressed by applying regulatory techniques that increase …

Sustainable Development And Market Liberalism's Shotgun Wedding: Emissions Trading Under The Kyoto Protocol, David M. Driesen

Indiana Law Journal

This Article analyzes the international emissions trading regime at the heart of the world's effort to address global warming as a means of exploring broader international governance issues. The trading regime seeks to marry two models of global governance, market liberalism, which embraces markets as the model of global governance, and sustainable development, which seeks to change development patterns to protect future generations.

This Article explores a previously unacknowledged tension between market liberalism's goal of maximizing short-term cost effectiveness and sustainable development's goal of catalyzing technological change for the benefit of future generations.T his Article presents new data and theory …

Adjudicatory Triggers Of Enhanced Ambient Environment Information, William W. Buzbee

Indiana Law Journal

Symposium: Missing Information: The Scientific Data Gap in Conservation and Chemical Regulation, held on March 24, 2006 at Indiana University School of Law- Bloomington.

Setting Boundaries For Extraterritorial Applications Of The Property Clause: An Assessment Of An Alternative Source Of Authority For Environmental Regulations, Cyril Robert Emery

Indiana Law Journal

No abstract provided.

World Heritage In Danger In The Hotspots, John Charles Kunich

Indiana Law Journal

No abstract provided.

Environmental Law, Congress, And The Court's New Federalism Doctrine, Christopher H. Schroeder

Indiana Law Journal

Symposium: Congressional Power in the Shadow of the Rehnquist Court: Strategies for the Future held at Indiana University Law School, February 1-2, 2002.

"United We Stand": Managing Choice-Of- Law Problems In September-11-Based Toxic Torts Through Federal Substantive Mass- Tort Law, Kenneth G. Kubes

Indiana Law Journal

No abstract provided.

The Global Environment And Free Trade: A Vexing Problem And A Taxing Solution, John A. Barrett Jr.

Indiana Law Journal

No abstract provided.

Thresholds Of Private Cercla Liability: Redefining "Necessary" Under Section 107(A)(4)(B), Jennifer I. Fox

Indiana Law Journal

No abstract provided.

Rethinking Risk-Based Environmental Cleanup, Alex Geisinger

Indiana Law Journal

No abstract provided.

Reactions To Epa's Interim Guidance: The Growing Battle For Control Over Environmental Justice Decisionmaking, June M. Lyle

Indiana Law Journal

No abstract provided.

Beyond The Usual Suspects: The Use Of Citizens Advisory Boards In Environmental Decisionmaking, John S. Applegate

Indiana Law Journal

No abstract provided.

Still No Remedy After All These Years: Plugging The Hole In The Law Of Leaking Underground Storage Tanks, Jason M. Basile

Indiana Law Journal

No abstract provided.

Cleaning Up: Equitable Considerations In The Rcra Citizen Suit Provision Controversy, Michelle Kok Moritz

Indiana Law Journal

No abstract provided.

Turning Back The Clock: The Unfunded Mandates Reform Act Of 1995 And Its Effective Repeal Of Environmental Legislation, Susan E. Leckrone

Indiana Law Journal

No abstract provided.

Strict Criminal Liability For Environmental Violations: A Need For Judicial Restraint, Kepten D. Carmichael

Indiana Law Journal

No abstract provided.

Jurisdiction To Review Agency Inaction Under Federal Environmental Law, Daniel P. Selmi

Indiana Law Journal

No abstract provided.

Too Much Waste: A Proposal For Change In The Government's Effort To Clean Up The Nation, Ian G. John

Indiana Law Journal

No abstract provided.

The Indiana Environmental Policy Act: Casting A New Role For A Forgotten Statute, Jeffrey L. Carmichael

Indiana Law Journal

No abstract provided.

Bones Of Contention: The Regulation Of Paleontological Resources On The Federal Public Lands, David J. Lazerwitz

Indiana Law Journal

No abstract provided.

Great Words Needed For The Great Lakes: Reasons To Rewrite The Boundary Waters Treaty Of 1909, Daniel K. Dewitt

Indiana Law Journal

No abstract provided.

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.

In Pursuit Of Nepa's Promise: The Role Of Executive Oversight In The Implementation Of The Environmental Policy, William L. Andreen

Indiana Law Journal

No abstract provided.

Recovering Costs For Cleaning Up Hazardous Waste Sites: An Examination Of State Superlien Statutes, Douglas C. Ballantine

Indiana Law Journal

No abstract provided.

The Applicability Of Civil Rico To Toxic Waste Polluters, David R. Mcavoy

Indiana Law Journal

No abstract provided.