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Full-Text Articles in Law
Standing In Environmental Citizen Suits: Laidlaw’S Clarification Of The Injury-In-Fact And Redressability Requirements, Michael P. Healy
Standing In Environmental Citizen Suits: Laidlaw’S Clarification Of The Injury-In-Fact And Redressability Requirements, Michael P. Healy
Law Faculty Scholarly Articles
In its first week of business during the new millennium, the U.S. Supreme Court decided Friends of the Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc., and provided important clarifications about the law of standing in environmental citizen suits. Specifically, the Court rejected the narrow view of environmental injury-in-fact advocated by Justice Scalia and instead adhered to the broader view of injury-in-fact established in a nonenvironmental context by the Court's decision in Federal Elections Commission v. Akins. As importantly, the Court also addressed the redressability requirement of Article III standing in Laidlaw. Here too, the Court did …
Environmental Damage Resulting From The Nato Military Action Against Yugoslavia, Aaron Schwabach
Environmental Damage Resulting From The Nato Military Action Against Yugoslavia, Aaron Schwabach
Faculty Scholarship
During the 1999 war between NATO and the Federal Republic of Yugoslavia, NATO targeted and destroyed chemical plants and storage facilities at Pancevo, Kragujevac, and elsewhere. A United Nations inspection team found that the NATO attacks had caused measurable, but not catastrophic, environmental damage wityin the territory of Yugoslavia. This article explores the historical evolution and current status of the body of law regarding protection of the environment during wartime, as well as the legality of NATO's actions. It concludes that NATO probably did not violate international law as it currently stands. However, the postwar reactions of states, including the …
The Nafta Package And The Environment: A Green Analysis Of Its Origins And Effects, Pedro M. Morales-Gomez
The Nafta Package And The Environment: A Green Analysis Of Its Origins And Effects, Pedro M. Morales-Gomez
LLM Theses and Essays
When the presidential candidate Clinton announced that he would not support NAFTA without environmental and labor side agreements, and during the period before NAFTA's ratification by the American Congress, Mexicans lived in most tense suspense. Even though, the idea of an environmental side agreement seemed to please most environmentalists in Mexico who hoped that this would lead to creating a major environmental conscience in the Mexican government. The purpose of this thesis is to elaborate a critical analysis of the North American Free Trade Agreement, its related documents and their effects concerning the environment, specifically its legal protection. We will …