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Articles 1 - 10 of 10
Full-Text Articles in Law
"Not In My State's Indian Reservation"-- A Legislative Fix To Close An Environmental Law Loophole, Roger R. Martella, Jr.
"Not In My State's Indian Reservation"-- A Legislative Fix To Close An Environmental Law Loophole, Roger R. Martella, Jr.
Vanderbilt Law Review
For hundreds of years, this continent's Indians shared a spiritual belief that they must respect and protect their Mother Earth above all else. Today, however, many tribes no longer view the environment as a bank of natural resources that they must shield and shelter at any cost. Instead, the economic pressures of the twentieth century-particularly underdevelopment, unemployment, and poverty -are forcing a growing number of Indian tribes to exchange the spiritual view of their once pristine environment for a commercial one. This shift from nurturing nature to exploiting the environment on a growing number of reservations results largely from a …
California Comparative Risk Project (1994). Toward The 21st Century: Planning For The Protection Of California's Environment, Alan Ramo
Publications
Participants in the California Comparative Risk Project were charged with identifying environmental threats of the greatest ecological, human health, and societal concern using the risk ranking model. However, agreeing that risk is not the only factor that should be considered, our project also examined how economics, pollution prevention, environmental justice, education, and public participation contribute to environmental decision-making. The unique inclusion of this aspect in our project was in response to a growing debate nationally and in California about the limitations of a risk-ranking model for setting environmental priorities. The findings and recommendations of the California Comparative Risk Project are …
Environmental Interest Groups And Land Regulation: Avoiding The Clutches Of Lucas V. South Carolina Coastal Council, Steven R. Levine
Environmental Interest Groups And Land Regulation: Avoiding The Clutches Of Lucas V. South Carolina Coastal Council, Steven R. Levine
University of Miami Law Review
No abstract provided.
Nafta And The Environment: A Trade-Friendly Approach, Bradly J. Condon
Nafta And The Environment: A Trade-Friendly Approach, Bradly J. Condon
Northwestern Journal of International Law & Business
Although the North American Free Trade Agreement, (NAFTA), contains more detailed environmental provisions than any previous trade agreement,' only some of them are mandatory. These mandatory NAFTA environmental rules purport to prevent the use of environmental policy instruments as disguised barriers to trade. Since most human activities have some impact on the environment, a vast array of government regulation could potentially be characterized as relating to the environment. This fact increases the risk that domestic industries will exploit political discretion over environmental policy implementation to put foreign competitors at a disadvantage by raising non-tariff barriers to trade. It is important …
The Impact Of Environmental Liabilities On Privatization In Central And Eastern Europe: A Case Study Of Poland, Randall Thomas
The Impact Of Environmental Liabilities On Privatization In Central And Eastern Europe: A Case Study Of Poland, Randall Thomas
Vanderbilt Law School Faculty Publications
The Central and Eastern Europe (CEE) countries are breaking up their centrally planned economies at a record pace by selling formerly state-owned industrial enterprises to private sector investors. Privatization is expected to create more profit-oriented and efficient industries, a predicate for sustained long term economic growth. This transformation from public to private ownership presents tremendous challenges to these new democracies as they struggle to create market economies and democratic institutions.
Is There An Ocean Of Difference: A Comparision Of The European Community's And United States' Environmental Regulations Protecting Air And Water Quality, Robert Ballard, Karen M. Keating
Is There An Ocean Of Difference: A Comparision Of The European Community's And United States' Environmental Regulations Protecting Air And Water Quality, Robert Ballard, Karen M. Keating
Villanova Environmental Law Journal
No abstract provided.
Overcoming Environmental Discrimination: The Need For A Disparate Impact Test And Improved Notice Requirements In Facility Siting Decisions, Omar Saleem
Journal Publications
No abstract provided.
Mesoamerican Biological Corridor: The Legal Framework For An Integrated, Regional System Of Protected Areas, Thomas T. Ankersen
Mesoamerican Biological Corridor: The Legal Framework For An Integrated, Regional System Of Protected Areas, Thomas T. Ankersen
UF Law Faculty Publications
This article first briefly examines the historical basis for the recent movement toward regional environmental integration in Central America. Part II discusses the biological, economic and cultural rationales for a regional, protected-areas system. With this background, Part III reviews the current international law framework for biodiversity conservation. Part IV examines the extent to which existing models of international and regional cooperation incorporate modern scientific principles of conservation biology, such as island biogeography, into their legal framework. Finally, Part V surveys alternative international law approaches for an integrated, regional, protected-areas system to achieve the region's stated goal of preserving an “effective …
Cercla, Causation, And Responsibility, John C. Nagle
Cercla, Causation, And Responsibility, John C. Nagle
Journal Articles
The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ("CERCLA") and causation have enjoyed an uneasy coexistence. The tension between them results from the circumstances in which CERCLA became law. The Congress that enacted CERCLA considered two alternative liability schemes, both of which required that "polluters pay" for the cleanup of hazardous wastes. The House proposed imposing liability on those who "caused or contributed" to hazardous waste problems, while the Senate looked to specifically designated "responsible parties." The Senate prevailed. The consequences of that choice for the traditional tort concept of causation, like many other questions left unanswered in …
Comment, The Need For A Revision Of Ozone Standards: Why Has The Epa Failed To Respond?, Anna P. Hemingway
Comment, The Need For A Revision Of Ozone Standards: Why Has The Epa Failed To Respond?, Anna P. Hemingway
Anna P. Hemingway
No abstract provided.