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Articles 1 - 15 of 15
Full-Text Articles in Law
Regulation--And Contract--In Environmental Law, Richard A. Epstein
Regulation--And Contract--In Environmental Law, Richard A. Epstein
West Virginia Law Review
No abstract provided.
The Single Owner Revisited: A Brief Reply To Professor Lewin, Richard A. Epstein
The Single Owner Revisited: A Brief Reply To Professor Lewin, Richard A. Epstein
West Virginia Law Review
No abstract provided.
Whose Values Are Protected By Environmental Regulation--A Response To Professor Epstein, Jeff L. Lewin
Whose Values Are Protected By Environmental Regulation--A Response To Professor Epstein, Jeff L. Lewin
West Virginia Law Review
No abstract provided.
Individual Enforcement Of Canada's Environmental Protection Laws: The Weak-Spirited Need Not Try, Roger W. Proctor
Individual Enforcement Of Canada's Environmental Protection Laws: The Weak-Spirited Need Not Try, Roger W. Proctor
Dalhousie Law Journal
It is no secret that public awareness and concern for environmental protection in Canada has increased significantly in recent years. Legislators have addressed these concerns by implementing new laws to regulate the various practices that impact negatively on the environment. With statutes in hand, environmentally conscious individuals are beginning to intervene personally to monitor compliance and ensure enforcement of these new laws.
Oil Pollution Act Of 1990: Opening A New Era In Federal And Texas Regulation Of Oil Spill Prevention, Containment And Cleanup, And Liability, J.B. Ruhl, Michael J. Jewell
Oil Pollution Act Of 1990: Opening A New Era In Federal And Texas Regulation Of Oil Spill Prevention, Containment And Cleanup, And Liability, J.B. Ruhl, Michael J. Jewell
Vanderbilt Law School Faculty Publications
This article assesses Congress' effort, through enactment of OPA, to meet the goals it stated in 1989. Part II provides an overview of the fragmented" condition of pre-OPA federal law addressing oil spills and an examination of the deficiencies Congress believed existed in that body of law. An understanding of those perceived deficiencies is essential for interpreting OPA. Part III surveys the basic features of OPA, particularly its liability provisions. It concludes that, although OPA surely achieves a major overhaul of federal oil spill law, it is basically in the same boat. Part IV examines the response of the states …
Attorney Fees As Superfund Response Costs, K.K. Duvivier, Carolyn L. Buchholz
Attorney Fees As Superfund Response Costs, K.K. Duvivier, Carolyn L. Buchholz
Sturm College of Law: Faculty Scholarship
Although other areas of natural resources law have been hit by hard times, the environ- mental area is burgeoning. The intricacies of the Comprehensive Environmental Response, Com- pensation and Liability Act (CERCLA or Super- fund), as amended by the Superfund Amendments and Reauthorization Act of 1986 (SARA), ensure attorney participation. Further- more, much of the fuel that drives CERCIA lit- igation is the presumption by many clients that their attorney fees are costs that can be re- covered as response costs under section 107 of CERCLA. 42 U.S.C. S 9607 (1983). Such an assumption may be a serious and costly …
Transnational Alignment Of Nongovernmental Organizations For Global Environmental Action, Maria Garner
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 …
Green Law-Making: A Primer On The European Community's Environmental Legislative Process, Michael S. Feeley, Peter M. Gilhuly
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 …
The Legislative Process In The Virginia General Assembly: Ten Case Studies Of Environmental Legislation Proposed By Hampton Roads Cities, Betty Jean Meyer
The Legislative Process In The Virginia General Assembly: Ten Case Studies Of Environmental Legislation Proposed By Hampton Roads Cities, Betty Jean Meyer
Theses and Dissertations in Urban Services - Urban Management
This study addresses the following two questions: (1) How does the Virginia General Assembly process bills which are proposed by local governments in Virginia? and (2) Are there identifiable factors in this legislative process which could be impacted by local governments to influence legislative outcomes? These questions are addressed by focusing on ten case studies of environmental issues contained in legislative proposals of six cities in Hampton Roads Virginia for the 1987, 1988, and 1989 sessions of the General Assembly. The case data were compiled from records of the General Assembly, media accounts, and interviews with 19 legislators and other …
Regional Habitat Conservation Planning Under The Endangered Species Act: Pushing The Legal And Practical Limits Of Species Protection, J.B. Ruhl
Vanderbilt Law School Faculty Publications
To many, the ESA is the epitome of an anti-growth agenda, seemingly used as a pretext for stopping development rather than for the ostensible purpose of species protection. To its staunch supporters, however, the ESA represents one of the purest statements of the environmentalist ethic and a powerful weapon against the ravaging of spaceship Earth. To those who work with the ESA on a regular basis, it, like many other environmental laws, has its good and bad points ... This Article does not attempt to resolve all the compelling questions posed by the conflicting policy objectives associated with the ESA. …
The Case For Integrated Pollution Control, Lakshman Guruswamy
The Case For Integrated Pollution Control, Lakshman Guruswamy
Publications
No abstract provided.
Energy And The Environment: Confronting Common Threats To Security, Lakshman Guruswamy
Energy And The Environment: Confronting Common Threats To Security, Lakshman Guruswamy
Publications
No abstract provided.
Environmental Law (Symposium: The Supreme Court And Local Government Law: The 1989-90 Term), Leon D. Lazer
Environmental Law (Symposium: The Supreme Court And Local Government Law: The 1989-90 Term), Leon D. Lazer
Scholarly Works
No abstract provided.
Federalism And Comprehensive Environmental Reform: Seeing Beyond The Murky Medium, Rodney Northey
Federalism And Comprehensive Environmental Reform: Seeing Beyond The Murky Medium, Rodney Northey
Osgoode Hall Law Journal
This article examines the legal constraints that Canadian federalism places on comprehensive environmental reforms. Having specific regard for the Canadian Environmental Protection Act and its regulation of toxic substances, the article questions the ability of federal constitutional powers to support a broad scope for the statute. The article then examines two approaches to this problem. First, it examines an alternative vision of federalism which provides the federal government with broad environmental authority. Secondly, it examines various mechanisms of federal-provincial cooperation for their application to comprehensive environmental schemes. It concludes that these options provide enough scope to regulate environmental activities comprehensively …
The Tragedy Of Distrust In The Implementation Of Federal Environmental Law, Richard J. Lazarus
The Tragedy Of Distrust In The Implementation Of Federal Environmental Law, Richard J. Lazarus
Georgetown Law Faculty Publications and Other Works
The need to reduce dramatically the strain we place on the natural environment is simultaneously immediate and long-term. Our domestic laws reflect that understanding and express a symbolic commitment to that goal. Those laws have achieved, moreover, significant improvement in discrete areas and, in some others, have managed to resist further environmental degradation in the face of a growing economy. For that reason, they warrant great praise. The past twenty years nevertheless reveal that those same laws decline to undertake the concomitant modification of our governmental institutions, and the way we think about them, which is necessary for a fuller …