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Full-Text Articles in Law

An Act Of War: Finding A Meaning For What Congress Has Left Undefined, Desiree Gargano May 2013

An Act Of War: Finding A Meaning For What Congress Has Left Undefined, Desiree Gargano

Touro Law Review

There are often environmental concerns with any new construction project. One often unforeseen aspect of this is the liability that occurs after a building is destroyed. Property owners have generally faced strict liability for the release of hazardous waste under section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act. This Comment examines why the act of war defense has consistently failed and determines if the law places too high of a burden on property owners who assert this defense.


Did We Miss The Boat? The Clean Water Act And Sustainability, Ryan P. Murphy May 2013

Did We Miss The Boat? The Clean Water Act And Sustainability, Ryan P. Murphy

University of Richmond Law Review

No abstract provided.


Permits For Puddles? The Constitutionality And Necessity Of Proposed Agency Guidance Clarifying Clean Water Act Jurisdiction, Jennifer L. Baader Apr 2013

Permits For Puddles? The Constitutionality And Necessity Of Proposed Agency Guidance Clarifying Clean Water Act Jurisdiction, Jennifer L. Baader

Chicago-Kent Law Review

The Clean Water Act, enacted and amended in the mid-20th century, was a significant development in the protection and restoration of the Nation’s waters. The Act authorized the Environmental Protection Agency and the Army Corps of Engineers to regulate the discharge of pollutants into many types of bodies of water. However, this wide-spread jurisdictional authority was challenged by the Supreme Court in two turn of the century cases which limited the application of the Act to certain waters. In 2011, a draft guidance document was released by the Environmental Protection Agency and the Army Corps of Engineers, which would increase …