Law Commons^™

A Foreign Investor's Guide To The Environmental Legal Regime Of Hong Kong, Ferheen Mahomed

San Diego Law Review

This Article discusses the existing environmental legal regime of Hong Kong. It attempts to provide the foreign investor with a brief background to Hong Kong's political, legal, and economic structure. It also examines in some detail the four major areas of pollution control legislation in Hong Kong: air, water, noise, and waste disposal. It gives a general overview of both environmental legislation currently in force, and that which is expected to be enacted in the future. The author suggests that the increasing prominence of environmental issues in the commercial and legal fields in Hong Kong will allow for a wide …

The Canadian Environmental Legal Regime: A Road Map For The Foreign Investor, Roger Cotton, John S. Zimmer

San Diego Law Review

This Article provides potential foreign investors and general readers with a broad overview of the Canadian environmental legal regime. It attempts to inform investors in Canadian businesses of the relevant environmental laws in order for the investor to assure that the project in which he has invested significant time, energy, and money is in compliance with all applicable laws. The constitutional basis for environmental legislation in Canada is analyzed. Also, the principal pieces of federal and provincial legislation are canvassed in an attempt to show the wide variety of activities that are regulated. The authors also review the principal bases …

By-Products Of Prosperity: Transborder Hazardous Waste Issues Confronting The Maquiladora Industry, Victoria L. Engfer, Gilbert A. Partida, Thomas C. Vernon, Alejandro Toulet, David A. Renas

San Diego Law Review

The maquiladora program allows Mexican laborers to work in American factories operating in Mexico. This program was specifically designed to generate employment and stimulate industry in Mexico. After a brief discussion of the current status and significance of the maquiladora industry, this Article explains the procedures for the transborder shipment of hazardous waste from Mexico to the United States, a hallmark of the maquiladora program. The authors analyze these procedures in light of anticipated regulatory and economic trends in the region. The analysis includes a discussion of the issue of commingled waste, as well as how NAFTA (North American Free …

A Guide To The Environmental Legal Regime Of Singapore For Foreign Investors, Deborah L. Blum

San Diego Law Review

This Article provides an overview of the environmental legal regime in Singapore, with an emphasis on statutes, subsidiary legislation, and policies directed to the control and protection of the environment. The discussion includes legislation and policies specifically applicable to toxic waste disposal and working conditions and examines them in the context of Singapore's economic climate and political structure. Special attention is given to the concerns of foreign investors. The Article concludes with a consideration of Singapore's more immediate environmental challenges and examines the successes of its environmental protection policies.

A Guide For Foreign Investors To Environmental Laws In The United States, Scott H. Peters

San Diego Law Review

This Article introduces, in some detail, the primary environmental rules and laws that are of special interest to potential foreign investors in the United States. The discussion includes examination of the Clean Air Act of 1988, The Federal Water Pollution and Control Act of 1972, and The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA). The author also discusses specific laws that may apply to foreign investors, such as the regulation of underground storage tanks and asbestos laws. The author concludes that two types of costs exist for foreign investors in the United States: the cost of compliance …

Corporate Officer Liability Under Rcra: Stringent But Not Strict, David T. Barton

BYU Law Review

No abstract provided.

Our Better Natures: A Revisionist View Of Joseph Sax's Public Trust Theory Of Environmental Protection,And Some Dark Thoughts On The Possibility Of Law Reform, Richard Delgado

Vanderbilt Law Review

When Professor Joseph Sax wrote his famous Public Trust article in 1970, the environmental movement was in a state of agitation and flux. Commentators were writing about plastic trees, Ways Not to Think About Plastic Trees, and whether we should bestow legal rights on natural objects. The Green Movement took hold in Europe, and in the United States scholars, activists, and ordinary citizens were calling for greater attention to the problems of decreasing quality of life, increasing pollution, and over development of the nation's farm and wilderness lands.

The time was exactly right for Sax's article. Sax proposed a simple,easily …

Remedying Environmental Racism, Rachel D. Godsil

Michigan Law Review

This Note addresses the equity issues that arise in the placement of commercial hazardous waste facilities. Currently, minorities are shouldering an unequal share of the burdens of hazardous waste16 while the benefits of production that results in hazardous waste are dispersed throughout society. Studies demonstrate that poor whites are overburdened as well. While inequitable distribution of wastesites along class lines is troubling and deserving of attention, this Note focuses specifically on the burdens facing racial minorities.

This Note contends that all races should share equitably the burdens and risks of hazardous waste facilities. Part I documents the disproportionate burden of …

Understanding The Toxic Substances Control Act: The Significance Of Reporting And Recordkeeping Requirements, Courtney M. Price, Jennifer M. Smart

William & Mary Environmental Law and Policy Review

No abstract provided.

Preservation Of The Arctic National Wildlife Refuge: A Theoretical Approach, Caroline A. Leonard

William & Mary Environmental Law and Policy Review

No abstract provided.

Mining Or World Park? A Politico-Economic Analysis Of Alternative Land Use Regimes In Antarctica, Bernard P. Herber

Natural Resources Journal

No abstract provided.

Limitations Of Sovereign Immunity Under The Clean Water Act: Empowering States To Confront Federal Polluters, Corinne Beckwith Yates

Michigan Law Review

This Note considers whether civil penalties that states impose on federal agencies for violations of NPDES permits arise under federal law and thus are covered by the Clean Water Act's waiver of sovereign immunity - an issue the Supreme Court is scheduled to address during the 1991 term. Part I outlines the history of the Clean Water Act, discussing Supreme Court decisions and statutory amendments that affect the sovereign immunity provision. Part II explains the mechanics of the NPDES state permit process and examines, through analysis of statutory provisions, the degree of control retained by the EPA over individual states …

Emasculating State Environmental Enforcement: The Supreme Court's Selective Adoption Of The Preemption Doctrine, Dion W. Hayes

William & Mary Environmental Law and Policy Review

No abstract provided.

Joslyn Manufacturing Co. V. T.L. James & Co.- Should The Sins Of The Children Be Answered Upon The Heads Of The Parents?, Grant M. Sumsion

BYU Law Review

No abstract provided.

Misusing Procedural Devices To Dismiss An Environmental Lawsuit—Lugan V. National Wildlife Federation, 110 S. Ct. 3177 (1990), Michael J. Shinn

Washington Law Review

In Lujan v. National Wildlife Federation, the Supreme Court upheld a grant of summary judgment against the National Wildlife Federation for lack of standing. The Court held that the federation failed to sufficiently claim specific injury to federation members. The Court also stated in dicta that the federation's claims were not ripe for review. The opinion does not apply precedent regarding summary judgment to the standing inquiry, and fails to apply precedent regarding ripeness to the facts of the case. This Note examines the reasoning of the Lujan Court, and compares the results reached with those suggested by unapplied precedents. …

Environmental Law, Edward A. Kazmarek, W. Scott Laseter

Mercer Law Review

Environmental law matured during the last decade to occupy a leading role in American jurisprudence. News of the dominance of environmental issues will come as no surprise to anyone practicing law today. At least one attorney in almost every private law firm specializes in environmental law, and most larger law firms devote entire departments to the field. As environmental law grows more and more complex, staying abreast of its sometimes shocking developments becomes increasingly difficult.

Recognizing Risks And Paying For Risk Reduction, Gary W. Johnson

RISK: Health, Safety & Environment (1990-2002)

Inspired by a recent report of EPA's Science Advisory Board, Mr. Johnson argues that it is imperative that we set regulatory priorities lest we invest available resources in reducing Risks that are lower than others that might instead be addressed.

Regulation--And Contract--In Environmental Law, Richard A. Epstein

West Virginia Law Review

No abstract provided.

The Single Owner Revisited: A Brief Reply To Professor Lewin, Richard A. Epstein

West Virginia Law Review

No abstract provided.

Whose Values Are Protected By Environmental Regulation--A Response To Professor Epstein, Jeff L. Lewin

West Virginia Law Review

No abstract provided.

Defining "Green": Toward Regulation Of Environmental Marketing Claims, Roger D. Wynne

University of Michigan Journal of Law Reform

This Note joins a rising chorus calling for government regulation of green marketing claims. It attempts to encourage and add a sense of urgency to a burgeoning regulatory movement by highlighting some of the legal issues that such regulation entails. Part I identifies a gap in the law: the inability of current truth-in-advertising laws to clarify the legality of green marketing claims. Part II urges bridging that gap quickly; it examines the costs of continued nonregulation and describes some of the forms regulation is taking. Part III attempts to allay any fears that such regulations might be challenged on first …

Individual Enforcement Of Canada's Environmental Protection Laws: The Weak-Spirited Need Not Try, Roger W. Proctor

Dalhousie Law Journal

It is no secret that public awareness and concern for environmental protection in Canada has increased significantly in recent years. Legislators have addressed these concerns by implementing new laws to regulate the various practices that impact negatively on the environment. With statutes in hand, environmentally conscious individuals are beginning to intervene personally to monitor compliance and ensure enforcement of these new laws.

Oklahoma V. Epa: Does The Clean Water Act Provide An Effective Remedy To Downstream States Or Is There Still Room Left For Federal Common Law?, Maria V. Maurrasse

University of Miami Law Review

No abstract provided.

Debt-For-Nature Swaps: Environmental Investments Using Taxpayer Funds Without Adequate Remedies For Expropriation, Rosanne Model

University of Miami Law Review

No abstract provided.

The Endangered Species Act: A Comprehensive Evaluation For The Coal Industry, John A. Macleod, Thomas C. Mean, Thomas R. Lunquist

West Virginia Law Review

No abstract provided.

The Concentration Of Commercial Hazardous Waste Facilities In The Western New York Community, R. Nils Olsen Jr.

Buffalo Law Review

No abstract provided.

Wielding The Big Stick: Deterrence And The Criminal Enforcement Of Environmental Laws, Bradley C. Howard

William & Mary Environmental Law and Policy Review

No abstract provided.

Brief For Appellant Canner: Third Annual Pace National Environmental Moot Court Competition, Melissa A. Brown, Allan B. Rappleyea, John-Henry M. Steele

Pace Environmental Law Review

No abstract provided.

Brief For Bernard Barker, Appellant: Third Annual Pace National Environmental Moot Court Competition, John Davis Buckley, Hans G. Huessy, David K. Mears

Pace Environmental Law Review

No abstract provided.

Criminal Liability For Environmental Law Violations By Coal Operators, Robert D. Fluharty, Robert E. Lannan

West Virginia Law Review

No abstract provided.