Law Commons^™

Criminal Liability For Environmental Law Violations By Coal Operators, Robert D. Fluharty, Robert E. Lannan

West Virginia Law Review

No abstract provided.

The Concentration Of Commercial Hazardous Waste Facilities In The Western New York Community, R. Nils Olsen Jr.

Buffalo Law Review

No abstract provided.

Regulating Air Toxics In Rhode Island: Policy Vs. Technical Decisions, Julie A. Roque

RISK: Health, Safety & Environment (1990-2002)

Dr. Roqu6 recounts her work as a doctoral candidate at Brown in developing standards for the regulation of airborne carcinogens. Based in part on this experience, she argues that care needs be taken lest those who regulate Risk bury key policy decisions within a mass of often irrelevant technical details.

Easment Holder Liability Under Cercla: The Right Way To Deal With Rights-Of-Way, Jill D. Neiman

Michigan Law Review

Responding to growing public concern about the accumulation of toxic wastes, Congress in 1980 passed the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). CERCLA authorizes federal action to clean up, or to require others to clean up, leaking hazardous waste sites. Congress placed the financial burden for this cleanup on those responsible for the problem and on those who benefited from improper methods of hazardous waste disposal. Through this liability scheme, Congress also intended CERCLA to encourage responsible or benefited parties to respond voluntarily to the hazardous waste problem.

Part I asserts that CERCLA's legislative history, when read against …

Environmental Liability For Lenders After United States V. Fleet Factors, Corp.: Deep Pockets Or Deep Problems?

Washington and Lee Law Review

No abstract provided.

Rcra Coverage For Industrial Sewage Mixed With Untreated Domestic Sewage: Comite Pro Rescate De La Salud V. Puerto Rico Aqueduct And Sewer Authority, Bruce C. Evans

Brigham Young University Journal of Public Law

No abstract provided.

Divisibility Of Injury Under Cercla: Reaching For The Unreachable Goal, Bruce C. Jenkins

Brigham Young University Journal of Public Law

No abstract provided.

The Secured Creditor Exemption: A Fleeting Factor In Lender Liability Analysis Under Cercla, Bret W. Reich

Brigham Young University Journal of Public Law

No abstract provided.

Iii. Environmental Law

Washington and Lee Law Review

No abstract provided.

"But I Was Only Following Orders": The Government Contractor Defense In Environmental Tort Litigation, R. Joel Ankney

William & Mary Law Review

No abstract provided.

Below Regularoy Concern: The Nuclear Regulatory Commission's Solution For Radioactive Waste Management, Koren Geer

Fordham Environmental Law Review

No abstract provided.

The Federal Insecticide, Fungicide And Rodenticide Act: Preemption And Toxic Tort Law, Kevin Mcelroy, Josh J. Kardisch, Joseph J. Ortego

Fordham Environmental Law Review

No abstract provided.

To The Recipients Of The First Issue Of The Dickinson School Of Law Journal Of Environmental Law And Policy

Penn State Environmental Law Review

No abstract provided.

The International Exportation Of Waste: The Battle Against The Path Of Least Resistance, Kenda Jo M. Mccrory

Penn State International Law Review

This Comment will focus on the United States' current regulations governing the exportation of waste, their strengths and weaknesses, and the changes needed to incorporate the Basel Convention into United States domestic law.

Transnational Alignment Of Nongovernmental Organizations For Global Environmental Action, Maria Garner

Vanderbilt Journal of Transnational Law

This Note proposes an alternative to the current international legal system for addressing the worldwide environmental crisis. The author describes the conditions of the environment and argues that the current legal system is incapable of responding to the already severe global environmental crisis. The author suggests that a network of environmental nongovernmental organizations (NGOs) can obtain results that are currently beyond the capabilities of either individual states or traditional international organizations. The main function of this type of network would be to collect and disseminate information to facilitate environmental action. The author also proposes a specific construction for an environmental …

Generational Change In Environmental Law, Natural Resources Journal

Natural Resources Journal

No abstract provided.

Reasonable Inference Of Authority To Control Hazardous Waste Disposal Results In Potential Liability: United States V. Aceto Agricultural Chemicals Corporation, Anita Letter

Natural Resources Journal

No abstract provided.

The Jackson Elk Herd, James Jackson

Natural Resources Journal

No abstract provided.

Water Politics: Continuity And Change, Albert E. Utton

Natural Resources Journal

No abstract provided.

Environmental Regulation Of Coal Mining, Smcra's Second Decade, Carl E. Zipper, Richard Roth

Natural Resources Journal

No abstract provided.

The Application Of The National Environmental Policy Act To "Development" In Indian Country, Dean B. Suagee

American Indian Law Review

No abstract provided.

Green Law-Making: A Primer On The European Community's Environmental Legislative Process, Michael S. Feeley, Peter M. Gilhuly

Vanderbilt Journal of Transnational Law

The birth of the European Common Market marks a new era of multistate environmental regulation that will radically affect commercial activity. This Article examines the European Community's (EC) background, institutions, and legislative process to elucidate how this environmental regime is developing. Following a brief introduction, Part II sets forth the EC's background, presenting its history and the general framework in which its law applies. Part III describes the EC's major institutions. Part IV discusses forms of EC legislation, with an emphasis on the use of directives. Part V considers legislative processes by which the EC enacts laws, including the new …

Synopsis Of Environmental Law In The States, Editors

Villanova Environmental Law Journal

No abstract provided.

Natural Resource Damage Assessments For Oil Spills: Policy Considerations Underlying The Evolution Of The Department Of The Interior's Regulations, Michael W. Jones

Villanova Environmental Law Journal

No abstract provided.

Superfund Liability Alternatives For The Innocent Purchaser, David W. Marczely

Cleveland State Law Review

The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) imposes liability for cleanup costs where there has been a release to the environment of a hazardous substance. Liability has been construed by the courts as strict, even though Congress rejected an explicit provision of strict liability. Moreover, CERCLA liability permits no defenses except those found in the Act. CERCLA provides an affirmative defense to liability actions where a third party has solely caused the release of the hazardous substance. Congress attempted to clarify the land contract issue as part of the Superfund Amendments and Reauthorization Act of 1986 …

Evaluation Of Recycling Legislation Pending Before The 119th Session Of The Ohio General Assembly, Christopher D. Knopf

Cleveland State Law Review

This Article summarizes and analyzes the recycling bills before the 119th Session of the Ohio General Assembly. Part I of this Article reviews the requirements and recommendations of H.B. 592 and the State Plan. Part II provides an overview of the recycling bills and identifies the three basic approaches to recycling represented by these bills. Parts III, IV, V, and VI summarize and evaluate the recycling bills. This Article uses three criteria to evaluate the recycling bills: (1) consistency with H.B. 592 and the State Plan, (2) effectiveness in preventing the disposal of solid waste in landfills, and (3) efficiency …

Giving The Gift Of Life: A Survey Of Texas Law Facilitating Organ Donation., Eric C. Sutton

St. Mary's Law Journal

Abstract Forthcoming.

In Sharp Contrast To The Past: The Demise Of The Per Se Rule Against Vertical Price Fixing., Christopher J. Pettit

St. Mary's Law Journal

Actions by the Department of Justice and the Supreme Court lessening vertical pricing protections under the Sherman Antitrust Act require Congressional intervention. By enacting the Sherman Antitrust Act, Congress intended agreements fixing vertical prices or having the ultimate effect of fixing vertical prices at any level be illegal per se. Vertical pricing agreements set, maintain, stabilize, raise, or depress prices of goods or services among the different levels of the product distribution chain. The Department of Justice (DOJ) has taken positive steps in limiting the per se rule of illegality by failing to pursue allegations of vertical price fixing and …

Television Advertising: Professionalism's Dilemma., Laura R. Champion, William M. Champion

St. Mary's Law Journal

Lawyers are concerned about tactics and antics of advertising attorneys because of possible harm to the reputation of the legal profession due to tasteless, crass ads circulated among the non-legal public. This controversial issue of what is good taste includes the question of how far ads can go before crossing the line of prohibited solicitation. Lawyers advertise through direct mail, television, radio, telephone yellow pages, billboards, newspapers, and magazines. This Article traces the background of legal advertising, focusing on the particular issue of television ads. Some courts purposefully avoid this aspect of legal communication with the public and leave many …

Toward Freer Trade And More Commerce Between The United States And Mexico., Barbara Bader Aldave

St. Mary's Law Journal

Abstract Forthcoming.