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Environmental Law

Journal

2007

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Articles 1 - 30 of 239

Full-Text Articles in Law

Table Of Contents Nov 2007

Table Of Contents

Journal of Environmental and Sustainability Law

No abstract provided.


A Sweet Deal For Sugar , Jeff Leblanc Nov 2007

A Sweet Deal For Sugar , Jeff Leblanc

Journal of Environmental and Sustainability Law

No abstract provided.


Water, Water, Everywhere?: Legal Structures For The Contracting And Privatization Of Public Water Resources , Aldo Davila, Andrew Whitford Nov 2007

Water, Water, Everywhere?: Legal Structures For The Contracting And Privatization Of Public Water Resources , Aldo Davila, Andrew Whitford

Journal of Environmental and Sustainability Law

No abstract provided.


Unbridled Power And The Wild Horses And Burros Act. Fund For Animals, Inc. V. U.S. Bureau Of Land Management, Amy Gleghorn Nov 2007

Unbridled Power And The Wild Horses And Burros Act. Fund For Animals, Inc. V. U.S. Bureau Of Land Management, Amy Gleghorn

Journal of Environmental and Sustainability Law

No abstract provided.


Meth Labs: "Cooking" Up Environmental Disaster. U.S. V. Pinnow , Jennifer Wieman Nov 2007

Meth Labs: "Cooking" Up Environmental Disaster. U.S. V. Pinnow , Jennifer Wieman

Journal of Environmental and Sustainability Law

No abstract provided.


Refining Regulation: The Oil Refinery Regulatory Framework After The Energy Policy Act Of 2005 , Christopher J. Koschnitzky Nov 2007

Refining Regulation: The Oil Refinery Regulatory Framework After The Energy Policy Act Of 2005 , Christopher J. Koschnitzky

Journal of Environmental and Sustainability Law

No abstract provided.


Nothing New Under The Sun: The Minimalism Of Chief Justice Roberts And The Supreme Court's Recent Environmental Law Jurisprudence , Damien Schiff Nov 2007

Nothing New Under The Sun: The Minimalism Of Chief Justice Roberts And The Supreme Court's Recent Environmental Law Jurisprudence , Damien Schiff

Journal of Environmental and Sustainability Law

No abstract provided.


What Does "Contamination" Mean? The Second Circuit's Approach To An Insurance Policy's Contamination Exclusion. Parks Real Estate Purchasing Group V. St. Paul Fire And Marine Ins. Co., Robert Cornejo Nov 2007

What Does "Contamination" Mean? The Second Circuit's Approach To An Insurance Policy's Contamination Exclusion. Parks Real Estate Purchasing Group V. St. Paul Fire And Marine Ins. Co., Robert Cornejo

Journal of Environmental and Sustainability Law

No abstract provided.


Federal Court Affirms The Destruction Of Louisiana's Coastal Marshlands. Barasich V. Columbia Gulf Transmission Co., Darryl Chatman Nov 2007

Federal Court Affirms The Destruction Of Louisiana's Coastal Marshlands. Barasich V. Columbia Gulf Transmission Co., Darryl Chatman

Journal of Environmental and Sustainability Law

No abstract provided.


Environmental Law Updates Nov 2007

Environmental Law Updates

Journal of Environmental and Sustainability Law

No abstract provided.


Environmental Law, Brooks Meredith Smith, Andrea West Wortzel Nov 2007

Environmental Law, Brooks Meredith Smith, Andrea West Wortzel

University of Richmond Law Review

No abstract provided.


Speaking Of Inconvenient Truths—A History Of The Public Trust Doctrine, James L. Huffman Oct 2007

Speaking Of Inconvenient Truths—A History Of The Public Trust Doctrine, James L. Huffman

Duke Environmental Law & Policy Forum

No abstract provided.


Beyond The Sea And Spector: Reconciling Port And Flag State Control Over Cruise Ship Onboard Environ-Mental Procedures And Policies, Asia N. Wright Oct 2007

Beyond The Sea And Spector: Reconciling Port And Flag State Control Over Cruise Ship Onboard Environ-Mental Procedures And Policies, Asia N. Wright

Duke Environmental Law & Policy Forum

No abstract provided.


Norton V. Suwa And The Unraveling Of Federal Public Land Planning, Michael C. Blumm, Sherry L. Bosse Oct 2007

Norton V. Suwa And The Unraveling Of Federal Public Land Planning, Michael C. Blumm, Sherry L. Bosse

Duke Environmental Law & Policy Forum

No abstract provided.


United States Supreme Court Rules Epa Must Take Action On Greenhouse Gas Emissions: Massachusetts V. Epa, Saillan De Charles Oct 2007

United States Supreme Court Rules Epa Must Take Action On Greenhouse Gas Emissions: Massachusetts V. Epa, Saillan De Charles

Natural Resources Journal

No abstract provided.


The Little Engine That Could: The Success Of The Stewardship Contracting Authority, Kimberly Hausbeck Oct 2007

The Little Engine That Could: The Success Of The Stewardship Contracting Authority, Kimberly Hausbeck

William & Mary Environmental Law and Policy Review

No abstract provided.


Savings Clauses And Trends In Natural Resources Federalism, Robert L. Fischman, Angela M. King Oct 2007

Savings Clauses And Trends In Natural Resources Federalism, Robert L. Fischman, Angela M. King

William & Mary Environmental Law and Policy Review

No abstract provided.


The Illegality Of Contingency-Fee Arrangements When Prosecuting Public Natural Resource Damage Claims And The Need For Legislative Reform, Julie E. Steiner Oct 2007

The Illegality Of Contingency-Fee Arrangements When Prosecuting Public Natural Resource Damage Claims And The Need For Legislative Reform, Julie E. Steiner

William & Mary Environmental Law and Policy Review

No abstract provided.


Dams And Levees Are Not Enough: The Case For Recognizing A Cause Of Action Against Non-Complying Nfip Communities, Timothy Kozlowski Oct 2007

Dams And Levees Are Not Enough: The Case For Recognizing A Cause Of Action Against Non-Complying Nfip Communities, Timothy Kozlowski

William & Mary Environmental Law and Policy Review

No abstract provided.


Introduction, G. Emlen Hall Oct 2007

Introduction, G. Emlen Hall

Natural Resources Journal

No abstract provided.


'Milking' Oil Tankers: The Paradoxical Effect Of The Oil Pollution Act Of 1990, Inho Kim Oct 2007

'Milking' Oil Tankers: The Paradoxical Effect Of The Oil Pollution Act Of 1990, Inho Kim

Natural Resources Journal

No abstract provided.


Promoting And Establishing The Recovery Of Endangered Species On Private Lands: A Case Study Of The Gopher Tortoise, Blake Hudson Oct 2007

Promoting And Establishing The Recovery Of Endangered Species On Private Lands: A Case Study Of The Gopher Tortoise, Blake Hudson

Duke Environmental Law & Policy Forum

No abstract provided.


Noontime Dumping: Why States Have Broad Discretion To Regulate Onboard Treatments Of Ballast Water, Kyle H. Landis-Marinello Oct 2007

Noontime Dumping: Why States Have Broad Discretion To Regulate Onboard Treatments Of Ballast Water, Kyle H. Landis-Marinello

Michigan Law Review

Ballast water discharges from shipping vessels are responsible for spreading numerous forms of aquatic invasive species, a form of biological pollution that leads to billions of dollars in annual costs. In the wake of inaction from the federal government and inaction from the shipping industry, several Great Lakes states are currently considering legislation to address the problem. Michigan has already passed a law to prevent ballast water introductions of invasive species. As states begin to regulate ballast water discharges from oceangoing vessels, such laws will likely face challenges based on the constitutional principles of the Dormant Commerce Clause and the …


The Taking Of America?, Stefanie Sovak Sep 2007

The Taking Of America?, Stefanie Sovak

Pace Law Review

No abstract provided.


Piecemeal Delisting: Designating Distinct Population Segments For The Purpose Of Delisting Gray Wolf Populations Is Arbitrary And Capricious, Nicole M. Tadano Aug 2007

Piecemeal Delisting: Designating Distinct Population Segments For The Purpose Of Delisting Gray Wolf Populations Is Arbitrary And Capricious, Nicole M. Tadano

Washington Law Review

The Endangered Species Act (ESA) protects species that are in danger of extinction "throughout all or a significant portion of its range." After thirty-three years of protection by the ESA, the gray wolf is gradually recovering from the brink of extinction. Pressure to remove protections for existing gray wolf populations has mounted as human interests have increasingly conflicted with the gray wolfs resurgence. Most courts have defined the phrase "significant portion of its range" in the ESA to mean the historical range of a species. This interpretation is consistent with the legislative history of the ESA and the historical listing …


Murky Waters: Courts Should Hold That The "Any-Progress-Is-Sufficient-Progress" Approach To Tmdl Development Under Section 303(D) Of The Clean Water Act Is Arbitrary And Capricious, Kelly Seaburg Aug 2007

Murky Waters: Courts Should Hold That The "Any-Progress-Is-Sufficient-Progress" Approach To Tmdl Development Under Section 303(D) Of The Clean Water Act Is Arbitrary And Capricious, Kelly Seaburg

Washington Law Review

Congress enacted the 1972 Amendments to the Clean Water Act (CWA) to combat water pollution stemming from both discrete and diffuse sources. Section 303(d) of the CWA reduces both types of pollution by requiring each state to promulgate "total maximum daily loads" (TMDLs) of pollutants for all waters that are unable to meet water quality standards. A TMDL is the maximum amount of a pollutant that can be discharged from all combined sources into a given body of water if that water is going to comply with water quality standards. Although section 303(d) required states to promulgate TMDLs by 1979, …


Teaching Environmental Law In The Era Of Climate Change: A Few Whats, Whys, And Hows, Michael Robinson-Dorn Aug 2007

Teaching Environmental Law In The Era Of Climate Change: A Few Whats, Whys, And Hows, Michael Robinson-Dorn

Washington Law Review

One of our key objectives at this celebration has been to explore the future of environmental law. To continue the exploration, I've chosen to address not an area of environmental law or environmental practice, but rather the teaching of environmental law. I hope to provoke the dialogue toward answering fundamental questions about what we should teach, why we should teach it, and how we should go about that task. It is an effort that I hope will engage not only the usual suspects for such pieces, a few fellow teachers and the watchful eye of a student law review editor, …


Beauty And The Beast Within: On The Special Nature Of Natural World Law, Oliver A. Houck Aug 2007

Beauty And The Beast Within: On The Special Nature Of Natural World Law, Oliver A. Houck

Washington Law Review

We are here to celebrate Professor Rodgers and his life in environmental law. As it happens, they grew up together. The new notion of environmental protection gave Bill the chance of his lifetime, to which he returned his full energies, ideas, and writings. In a world of failed relationships, this one was a howling success. Although we have not seen each other more than twice in forty years, I feel a kinship with Bill that seems particularly close. The link is not simply our ages, nor our passion for environmental law, nor even the activism in which both of us …


Justice Kennedy And The Environment: Property, States' Rights, And A Persistent Search For Nexus, Michael C. Blumm, Sherry L. Bosse Aug 2007

Justice Kennedy And The Environment: Property, States' Rights, And A Persistent Search For Nexus, Michael C. Blumm, Sherry L. Bosse

Washington Law Review

Justice Anthony Kennedy, now clearly the pivot of the Roberts Court, is the Court's crucial voice in environmental law cases. Kennedy's central role was never more evident than in the two most celebrated environmental cases of the last few years, Kelo v. City of New London and Rapanos v. United States, as he supplied the critical vote in both. Kennedy has in fact been the needle of the Supreme Court's environmental law compass since his nomination in 1988. Although he wrote surprisingly few environmental law opinions over his first eighteen years on the Court, Kennedy was in the majority …


International Law's Lessons For The Law Of The Lakes, Joseph W. Dellapenna Jul 2007

International Law's Lessons For The Law Of The Lakes, Joseph W. Dellapenna

University of Michigan Journal of Law Reform

The eight Governors of the Great Lakes States signed a proposed new compact for the Great Lakes and St. Lawrence basin on December 13, 2005, and they joined with the Premiers of Ontario and Québec in a parallel agreement on the same topic on the same day. Neither document is legally binding-the proposed new compact because it has not yet been ratified by any State nor consented to by Congress; the parallel agreement because it is not intended to be legally binding. Both documents are designed to preclude the export of water from the Great Lakes-St. Lawrence basin apart from …