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Environmental Law

Journal

1988

Institution
Keyword
Publication

Articles 1 - 30 of 69

Full-Text Articles in Law

Federal And State Environmental Law: A Trap For The Unwary Lender, Susan C. Gleser Nov 1988

Federal And State Environmental Law: A Trap For The Unwary Lender, Susan C. Gleser

BYU Law Review

No abstract provided.


The Montreal Protocol: Confronting The Threat To Earth's Ozone Layer, Douglas Hunter Ogden Oct 1988

The Montreal Protocol: Confronting The Threat To Earth's Ozone Layer, Douglas Hunter Ogden

Washington Law Review

From a deep sleep, I slowly open my eyes and roll off my foam mattress—the foam padding made with chlorofluorocarbons ("CFCs"). My feet touch the carpet-the underlay also made with CFCs. I stumble into the kitchen, to the refrigerator. With the summertime heat, the motor is working overtime. Its coolant, made of CFCs, is keeping my orange juice cold; the foam egg carton, also of CFCs, is keeping my eggs fresh. And there is my breakfast steak: resplendent in its CFC foam package. Time to get to work Jumping into the car, I land in the CFC foam cushion seat, …


Environmental Law—Conservation—New Jersey Mandatory Statewide Source Separation And Recycling Of Solid Waste Act. N.J. Stat. Ann. §§ 13:1e-99.11 To -99.32 (West Supp. 1988)., Sherry C. Furr Oct 1988

Environmental Law—Conservation—New Jersey Mandatory Statewide Source Separation And Recycling Of Solid Waste Act. N.J. Stat. Ann. §§ 13:1e-99.11 To -99.32 (West Supp. 1988)., Sherry C. Furr

University of Arkansas at Little Rock Law Review

No abstract provided.


Air Pollution, Ruth L. Kovnat Oct 1988

Air Pollution, Ruth L. Kovnat

Natural Resources Journal

No abstract provided.


The Montreal Protocol: Confronting The Threat To Earth's Ozone Layer, Douglas Hunter Ogden Oct 1988

The Montreal Protocol: Confronting The Threat To Earth's Ozone Layer, Douglas Hunter Ogden

Washington Law Review

From a deep sleep, I slowly open my eyes and roll off my foam mattress—the foam padding made with chlorofluorocarbons ("CFCs"). My feet touch the carpet-the underlay also made with CFCs. I stumble into the kitchen, to the refrigerator. With the summertime heat, the motor is working overtime. Its coolant, made of CFCs, is keeping my orange juice cold; the foam egg carton, also of CFCs, is keeping my eggs fresh. And there is my breakfast steak: resplendent in its CFC foam package. Time to get to work Jumping into the car, I land in the CFC foam cushion seat, …


Cercla's Natural Resource Damage Provisions: A Comprehensive And Innovative Approach To Protecting The Environment Sep 1988

Cercla's Natural Resource Damage Provisions: A Comprehensive And Innovative Approach To Protecting The Environment

Washington and Lee Law Review

No abstract provided.


Masquerade For Privilege: Deregulation Undermining Environmental Protection, Philip Weinberg Sep 1988

Masquerade For Privilege: Deregulation Undermining Environmental Protection, Philip Weinberg

Washington and Lee Law Review

No abstract provided.


Reregulation, The Global Environment, And Ignorance Equals Pessimism: A Tory Perspective, E. F. Roberts Sep 1988

Reregulation, The Global Environment, And Ignorance Equals Pessimism: A Tory Perspective, E. F. Roberts

Washington and Lee Law Review

No abstract provided.


Recovering Costs For Cleaning Up Hazardous Waste Sites: An Examination Of State Superlien Statutes, Douglas C. Ballantine Jul 1988

Recovering Costs For Cleaning Up Hazardous Waste Sites: An Examination Of State Superlien Statutes, Douglas C. Ballantine

Indiana Law Journal

No abstract provided.


The Ghosts Of Fishing Nets Past: A Proposal For Regulating Derelict Synthetic Fishing Nets, Eric J. Fjelstad Jul 1988

The Ghosts Of Fishing Nets Past: A Proposal For Regulating Derelict Synthetic Fishing Nets, Eric J. Fjelstad

Washington Law Review

This Comment examines the extent of the problem of derelict fishing nets. Derelict netting kills shocking numbers of marine life, including species protected by federal laws. International and domestic laws could be used to redress the problem. Laws as currently enforced each have shortcomings, however, and share common difficulties. To solve the problem these shortcomings create, a comprehensive derelict net control system must be instituted. This program should include a method of tracking nets so that liability for loss can be assessed, and incentive systems to decrease both intentional and unintentional loss of netting. Failure to institute derelict net controls …


The Ghosts Of Fishing Nets Past: A Proposal For Regulating Derelict Synthetic Fishing Nets, Eric J. Fjelstad Jul 1988

The Ghosts Of Fishing Nets Past: A Proposal For Regulating Derelict Synthetic Fishing Nets, Eric J. Fjelstad

Washington Law Review

This Comment examines the extent of the problem of derelict fishing nets. Derelict netting kills shocking numbers of marine life, including species protected by federal laws. International and domestic laws could be used to redress the problem. Laws as currently enforced each have shortcomings, however, and share common difficulties. To solve the problem these shortcomings create, a comprehensive derelict net control system must be instituted. This program should include a method of tracking nets so that liability for loss can be assessed, and incentive systems to decrease both intentional and unintentional loss of netting. Failure to institute derelict net controls …


A Landmark Global Treaty At Montreal, Richard Elliot Benedick Jul 1988

A Landmark Global Treaty At Montreal, Richard Elliot Benedick

Natural Resources Journal

No abstract provided.


Front Matter, Natural Resources Journal Jul 1988

Front Matter, Natural Resources Journal

Natural Resources Journal

No abstract provided.


Nrdc V. Epa: Interpretation Of Section 112 Of The Clean Air Act, Robert M. Trimble May 1988

Nrdc V. Epa: Interpretation Of Section 112 Of The Clean Air Act, Robert M. Trimble

Brigham Young University Journal of Public Law

No abstract provided.


Environmental Mediation: How Valid An Alternative?, William J. Magavern Apr 1988

Environmental Mediation: How Valid An Alternative?, William J. Magavern

In the Public Interest

No abstract provided.


Environmental Liabilities Not Bankruptable: A Look At The State Of West Virginia's Agreement With Dlm Coal Corp., John R. Mcghee Jr. Apr 1988

Environmental Liabilities Not Bankruptable: A Look At The State Of West Virginia's Agreement With Dlm Coal Corp., John R. Mcghee Jr.

West Virginia Law Review

No abstract provided.


A Salute To The National Seashore System At Half-Century, Margaret Sanner, Carl Tobias Apr 1988

A Salute To The National Seashore System At Half-Century, Margaret Sanner, Carl Tobias

Natural Resources Journal

No abstract provided.


Chevron And Its Aftermath: Judicial Review Of Agency Interpretations Of Statutory Provisions, Richard J. Pierce, Jr. Mar 1988

Chevron And Its Aftermath: Judicial Review Of Agency Interpretations Of Statutory Provisions, Richard J. Pierce, Jr.

Vanderbilt Law Review

In its 1984 opinion in Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc.,' the Supreme Court attempted to resolve the long standing conflict concerning the proper scope of judicial review of agency interpretations of statutory provisions. Chevron concerned the Environmental Protection Agency's (EPA) interpretation of the Clean Air Act, which requires the EPA to limit emissions from all "stationary sources." The EPA interpreted the statutory term "stationary source"to mean an entire plant, rather than an individual piece of combustion equipment. That statutory interpretation was adopted as part of the EPA's "bubble concept," which is based on the EPA's belief …


Protection Of National Parks Through Buffer Zones: Does It Amount To A Fifth Amendment Constitutional Taking?, Daniel J. Anderson Mar 1988

Protection Of National Parks Through Buffer Zones: Does It Amount To A Fifth Amendment Constitutional Taking?, Daniel J. Anderson

Brigham Young University Journal of Public Law

No abstract provided.


Conflicting Principles Of Canadian Environmental Reform: Trubeck And Habermas V. Law And Economics And The Law Reform Commission, Rod Northey Mar 1988

Conflicting Principles Of Canadian Environmental Reform: Trubeck And Habermas V. Law And Economics And The Law Reform Commission, Rod Northey

Dalhousie Law Journal

Early in the 1970s, the American legal scholar, David Trubeck, made a far-reaching observation: Law is a practical science. It does not ordinarily dwell on fundamental questions about the social, political and economic functions of the legal order. Satisfied with implicit working assumptions about these matters, legal thought moves rapidly to more tractable questions. But when law's solutions to social problems fail to satisfy, it becomes necessary to examine the basic theory from which they derive. Trubeck expounded this thesis in connection with legal developments in the Third World. Using an idea he termed the "core conception" of law, Trubeck …


Federal Agency Treatment Of Uncertainty In Environmental Impact Statements Under The Ceq's Amended Nepa Regulation § 1502.22: Worst Case Analysis Or Risk Threshold, Charles F. Weiss Feb 1988

Federal Agency Treatment Of Uncertainty In Environmental Impact Statements Under The Ceq's Amended Nepa Regulation § 1502.22: Worst Case Analysis Or Risk Threshold, Charles F. Weiss

Michigan Law Review

This Note traces the judicial and administrative treatment of uncertainty under NEPA and supports the CEQ's replacement of worst case analysis with a qualitative probability threshold. Part I discusses the development of reasonableness standards in NEPA common law to define agency obligations prior to promulgation of the worst case analysis regulation. Part II reviews the worst case analysis regulation and its judicial construction. Finally, Part III outlines the amended regulation, which replaces worst case analysis with a probability threshold employing the rule of reason to limit EIS discussion to environmental effects shown through credible scientific evidence to be reasonably foreseeable. …


University Of Richmond Law Review Jan 1988

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.


Book Review, Christopher C. Joyner Jan 1988

Book Review, Christopher C. Joyner

Vanderbilt Journal of Transnational Law

The message sounded in Marine Pollution and the Law of the Sea is that it is not too late. International law can still be fashioned to control marine pollution more prudently, more effectively, and more comprehensively. The critical ingredient, however, for obtaining this self-imposed policy of international legal restraint is generation of the national political will among polluter governments to do so. To work efficaciously, law first must be agreed upon, then subscribed to, and ultimately, either obeyed or enforced. If international policies and programs are to work, governments must want them to work. In this modern era of rising …


The Dilemma Of The Downstream Plaintiff In An Interstate Water Pollution Case, Steven Gaynor Jan 1988

The Dilemma Of The Downstream Plaintiff In An Interstate Water Pollution Case, Steven Gaynor

Buffalo Law Review

No abstract provided.


Ending The War: A Strategy To Save America's Coastal Zone, Oliver A. Houck Jan 1988

Ending The War: A Strategy To Save America's Coastal Zone, Oliver A. Houck

Maryland Law Review

No abstract provided.


Protection Of The Chesapeake Bay: Environmentally Legal, Eminently Uninhabitable?, Tom Horton Jan 1988

Protection Of The Chesapeake Bay: Environmentally Legal, Eminently Uninhabitable?, Tom Horton

Maryland Law Review

No abstract provided.


Reducing Bay Nutrients: An Economic Perspective , Alan J. Krupnick Jan 1988

Reducing Bay Nutrients: An Economic Perspective , Alan J. Krupnick

Maryland Law Review

No abstract provided.


Impact Fees In Maryland, Paul A. Tiburzi Jan 1988

Impact Fees In Maryland, Paul A. Tiburzi

University of Baltimore Law Review

No abstract provided.


The Virginia Wilderness Act: Preserving Nature's Beauty, Robin T. Browder Jan 1988

The Virginia Wilderness Act: Preserving Nature's Beauty, Robin T. Browder

William & Mary Environmental Law and Policy Review

No abstract provided.


Restoration Of The Chesapeake Bay: A Multi-State Institutional Challenge, James T.B. Tripp, Michael Oppenheimer Jan 1988

Restoration Of The Chesapeake Bay: A Multi-State Institutional Challenge, James T.B. Tripp, Michael Oppenheimer

Maryland Law Review

No abstract provided.