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Full-Text Articles in Law

Lamarck Revisited: The Implications Of Epigenetics For Environmental Law, Michael P. Vandenbergh, David J. Vandenbergh, John G. Vandenbergh Nov 2017

Lamarck Revisited: The Implications Of Epigenetics For Environmental Law, Michael P. Vandenbergh, David J. Vandenbergh, John G. Vandenbergh

Michigan Journal of Environmental & Administrative Law

For generations, a bedrock concept of biology was that genetic mutations are necessary to pass traits from one generation to the next, but new developments in genetics are challenging this fundamental assumption. A growing body of scientific evidence demonstrates that chemical alteration of the way a gene functions, whether through exposure to chemicals, foods or even traumatic experiences, may not only affect the exposed individual, but also the individual’s offspring for two generations or more. This interaction between genes and the environment, known as epigenetics, has revolutionized the understanding of how genes are expressed within an individual and how they …


Technology-Based? Cost Factoring In U.S. Environmental Standards, Jamison E. Colburn Nov 2017

Technology-Based? Cost Factoring In U.S. Environmental Standards, Jamison E. Colburn

Michigan Journal of Environmental & Administrative Law

Environmental controls in the United States are often said to be “technology-based” because the polluter’s duties are determined by the available technology for controlling that pollution rather than by the social costs and benefits of doing so. Indeed, this is much of what distinguishes U.S. environmental law post-1970 from that which preceded it. But technology-based standards have in fact weighed the costs of controlling pollution in unique, often obscure ways, yielding an analysis that defies standardization and basic notions of transparency. Often lumped under an umbrella heading called “feasibility” analysis and justified on the grounds that it avoids many of …


Agriculture, Water Pollution, And The Future Of Epa’S Regulatory Authority In A Post-American Farm Bureau Federation V. U.S. Epa America, Henry Brudney Aug 2017

Agriculture, Water Pollution, And The Future Of Epa’S Regulatory Authority In A Post-American Farm Bureau Federation V. U.S. Epa America, Henry Brudney

Seattle Journal of Environmental Law

Until the recent decision of American Farm Bureau Federation v. U.S. EPA, the EPA’s total maximum daily load (TMDL) regulation under the Clean Water Act contained no substantive standard for water quality. However, in this decision, the Third Circuit added such substantive criteria to the TMDL, which should have a monumental effect on the improvement of water quality standards in the United States.


Riparian Rights In A Polluted World: Property Right Or Tort?, Daniel P. Fernandez May 2017

Riparian Rights In A Polluted World: Property Right Or Tort?, Daniel P. Fernandez

Barry Law Review

No abstract provided.


Attacking Smart Growth, Michael Lewyn Jan 2017

Attacking Smart Growth, Michael Lewyn

Touro Law Review

No abstract provided.