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Articles 1 - 2 of 2
Full-Text Articles in Law
Keeping More Than One Fish In The Sea: Why The Magnuson-Stevens Act Should Be Reauthorized, Joseph Marino Iv
Keeping More Than One Fish In The Sea: Why The Magnuson-Stevens Act Should Be Reauthorized, Joseph Marino Iv
University of Massachusetts Law Review
The American fishing industry has long been an important part of the economy. In time, overfishing led to restrictions on the industry through the Magnuson-Stevens Act. However, the Act has led to severe curtailments on fishing that have severely hampered the industry. This caused particular harm to the Northeast, resulting in a federally declared fishing disaster. This Note argues that the recently proposed revisions to the Magnuson-Stevens Act allow for a balance between protecting our oceans and allowing the fishing industry to thrive again. This would help the Northeast fishing industry properly recover while preventing any further tragedies of the …
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 …