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Full-Text Articles in Law
Environmental Justice And The Gullah Geechee: The National Environmental Policy Act's Potential In Protecting The Sea Islands, Paul N. Nybo
Environmental Justice And The Gullah Geechee: The National Environmental Policy Act's Potential In Protecting The Sea Islands, Paul N. Nybo
South Carolina Law Review
No abstract provided.
Reimagining Exceptional Events: Regulating Wildfires Through The Clean Air Act, Emily Williams
Reimagining Exceptional Events: Regulating Wildfires Through The Clean Air Act, Emily Williams
Washington Law Review
Wildfires are increasing in both frequency and severity due to climate change. Smoke from these fires causes serious health problems. Land managers agree that prescribed burns help mitigate these negative consequences. Prescribed burns are lower-intensity fires that are intentionally ignited and managed for an ecological benefit. They reduce the amount of smoke produced and limit wildfire damage to natural systems and human property.
The Clean Air Act (CAA) is designed to regulate air pollution to protect public health, yet it exempts wildfire smoke through the exceptional events designation while imposing strict regulations on prescribed burns. Congress and the Environmental Protection …
The Regulation Of Complementary And Alternative Medicine (Cam) In South Carolina, What Is Happening And What Needs To Change, Anna C. Smith
The Regulation Of Complementary And Alternative Medicine (Cam) In South Carolina, What Is Happening And What Needs To Change, Anna C. Smith
South Carolina Law Review
No abstract provided.
Commercial-Property Leases As A Means For Private Environmental Governance, Darren A. Prum
Commercial-Property Leases As A Means For Private Environmental Governance, Darren A. Prum
Georgia State University Law Review
Commercial-property leases as a means for private environmental governance routinely get overlooked despite their noticeable presence. The applicable theoretical models used in environmental law and the standards that typically measure legal activity fail to detect the commercial-property lease as a regulatory action as well. Moreover, the public and positive law and policy approach of the past that heavily relied on administrative authority now follows more of a private law and governance approach. The private law and governance approach responds to the marketplace where standards are set, enforcement occurs, and dispute resolution takes place between parties involved in the transaction outside …
America's Invaders: The Nile Monitor And The Ineffectiveness Of The Reactive Response To Invasive Species, William K. Norvell Iii
America's Invaders: The Nile Monitor And The Ineffectiveness Of The Reactive Response To Invasive Species, William K. Norvell Iii
Animal Law Review
In response to an ever increasing level of environmental devastation caused by invasive species and the resultant concerns for ecological preservation, both the state and federal governments have passed legislation to combat this pressing issue. In this Note, the author evaluates the effectiveness of these reactive and proactive policies in the United States. The author also analyzes the successful, proactive invasive species legislation from Australia, the United Kingdom, and New Zealand, and then contrasts them to the failing, mainly reactive laws found in the United States. Despite these shortcomings, the author concludes that it is entirely possible for the United …
Shellfish Contamination: Reducing The Necessity For Scientific Evidence In Natural Resource Damages Under The Comprehensive Environmental Response, Compensation, And Liability Act, Matthew J. Koes
University of Massachusetts Law Review
It is indisputable that shellfish contamination creates a negative impact on the economy, poses a serious risk to human health, and has a harmful effect on the fragile coastal ecosystems. However, the litigation designed to redress the harmful effects of shellfish contamination produces uncounted difficulties. Although a general public policy of preventing pollution has led Congress to enact and revise CERCLA, the application of such a statute has proven to be uncertain due to the enormous amount of discretion given to the trial courts in deciding admissibility of scientific evidence and testimony of experts. A CERLA natural resource damage action …
Global Warming - International Environmental Agreements - The 1992 United Nations Conference On The Environment And Development Most Likely Will Not Culminate In A Successfully Preventative Global Warming Treaty Without The United States' Support., Suzanne C. Massey
Georgia Journal of International & Comparative Law
No abstract provided.
Eco-Terrorist Acts During The Persian Gulf War: Is International Law Sufficient To Hold Iraq Liable?, Laura Edgerton
Eco-Terrorist Acts During The Persian Gulf War: Is International Law Sufficient To Hold Iraq Liable?, Laura Edgerton
Georgia Journal of International & Comparative Law
No abstract provided.
The Real Challenge To The Polish Revolution: Cleaning The Polish Environment Through Privatization And Preventive Market-Based Incentives, G. Nelson Smith Iii
The Real Challenge To The Polish Revolution: Cleaning The Polish Environment Through Privatization And Preventive Market-Based Incentives, G. Nelson Smith Iii
Pepperdine Law Review
No abstract provided.
Harm Means Harm: Babbitt V. Sweet Home Chapter Of Communities For A Great Oregon, Laurie M. Stone
Harm Means Harm: Babbitt V. Sweet Home Chapter Of Communities For A Great Oregon, Laurie M. Stone
Pepperdine Law Review
No abstract provided.
Preserving The Chesapeake: Law, Ecology, And The Bay, Hon. Gerald L. Baliles
Preserving The Chesapeake: Law, Ecology, And The Bay, Hon. Gerald L. Baliles
University of Richmond Law Review
No abstract provided.
The Animal Question: The Key To Coming To Terms With Nature, Jim Mason
The Animal Question: The Key To Coming To Terms With Nature, Jim Mason
Animal Law Review
No abstract provided.
Revitalizing Environmental Federalism, Daniel C. Esty
Revitalizing Environmental Federalism, Daniel C. Esty
Michigan Law Review
Politicians from Speaker Newt Gingrich to President Bill Clinton, cheered on by academics such as Richard Revesz, are eagerly seeking to return authority over environmental regulation to the states. In the European Union, localist opponents of environmental decisionmaking in Brussels rally under the banner of "subsidiarity." And in debates over international trade liberalization, demands abound for the protection of "national sovereignty" in environmental regulation. All of these efforts presume that a decentralized approach to environmental policy will yield better results than more centralized programs. This presumption is misguided. While the character of some environmental concerns warrants a preference for local …
Preserving Dynamic Systems: Wetlands, Ecology And Law, Alyson C. Flournoy
Preserving Dynamic Systems: Wetlands, Ecology And Law, Alyson C. Flournoy
Duke Environmental Law & Policy Forum
No abstract provided.
Beyond The Balance Of Nature, Jonathan Baert Wiener
Beyond The Balance Of Nature, Jonathan Baert Wiener
Duke Environmental Law & Policy Forum
No abstract provided.
Change, Constancy, And Creativity: The New Ecology And Some Old Problems, Bryan Norton
Change, Constancy, And Creativity: The New Ecology And Some Old Problems, Bryan Norton
Duke Environmental Law & Policy Forum
No abstract provided.
Managing Without A Balance: Environmental Regulation In Light Of Ecological Advances, Timothy H. Profeta
Managing Without A Balance: Environmental Regulation In Light Of Ecological Advances, Timothy H. Profeta
Duke Environmental Law & Policy Forum
No abstract provided.
Environmental Law: Ethics Or Science?, A. Dan Tarlock
Environmental Law: Ethics Or Science?, A. Dan Tarlock
Duke Environmental Law & Policy Forum
No abstract provided.
Adjusting Law To Nature’S Discordant Harmonies, Daniel B. Botkin
Adjusting Law To Nature’S Discordant Harmonies, Daniel B. Botkin
Duke Environmental Law & Policy Forum
No abstract provided.
Two Propositions About Biodiversity, Clifford S. Russell
Two Propositions About Biodiversity, Clifford S. Russell
Vanderbilt Journal of Transnational Law
In his opening statement, Professor Russell gives two reasons why humankind should worry about the diversity of life on earth: (1) diversity is thought to make ecological systems more resilient to natural and man-made shocks; and (2) diversity provides a library of genetic information upon which society may draw. Professor Russell nevertheless warns against the notion that a 'safety-first" or safe minimum standard approach to environmental preservation is the correct response to these concerns. First, 'safety" is impossible to define. And, second, preserving all systems at all costs demands that society forego significant current economic rewards that result from altering …
An Introduction To Environmental Thought: Some Sources And Some Criticisms, Charles J. Meyers
An Introduction To Environmental Thought: Some Sources And Some Criticisms, Charles J. Meyers
Indiana Law Journal
No abstract provided.
A Comment On Meyers' Introduction To Environmental Thought, A. Dan Tarlock
A Comment On Meyers' Introduction To Environmental Thought, A. Dan Tarlock
Indiana Law Journal
No abstract provided.