Law Commons^™

Managing Biological Integrity, Diversity, And Environmental Health In The National Wildlife Refuges: An Introduction To The Symposium, Robert L. Fischman, Vicky J. Meretsky

Articles by Maurer Faculty

No abstract provided.

Predictions And Prescriptions For The Endangered Species Act, Robert L. Fischman

Articles by Maurer Faculty

The thirtieth anniversary of the enactment of the modern Endangered Species Act (ESA) offers an irresistible excuse to suggest changes that are needed to set the statute, and the larger project of environmental protection, on course for greater effectiveness. The 1973 ESA is novel in its approach and reach, in that it reflects both the resource management and pollution control traditions in environmental law. Its evolution indicates broader trends in the legal landscape of environmental law.

Making predictions about the future of the ESA is a daunting task. Most predictions made thirty years ago about the statute proved to be …

The Meanings Of Biological Integrity, Diversity, And Environmental Health, Robert L. Fischman

Articles by Maurer Faculty

This article extracts from the legislative mandate to "ensure that the biological integrity, diversity, and environmental health of the [Refuge] System are maintained," a range of meanings that reflect scientific and legislative trends in conservation. The standard modes of statutory interpretation yield meanings that largely support the 2001 Fish and Wildlife Service policy delineating three distinct yet overlapping categories. The analysis reveals three insights applicable to other areas of environmental law. First, although diversity and health emphasize important aspects of nature protection, integrity is becoming the umbrella concept that encompasses the needs of well functioning landscapes. Second, the effectiveness of …

Supplemental Environmental Projects Have Been Effectively Used In Citizen Suits To Deter Future Violations As Well As To Achieve Significant Additional Environmental Benefits, Edward Lloyd

Faculty Scholarship

Supplemental Environmental Projects (SUPs) are environmentally benefical projects included in settlements of environmental law enforcement cases. Courts have addressed SEPs in two contexts: where proposed by parties in consent decrees and where courts have fashioned SEPs as apart of the relief ordered in an enforcement case. SEPs have been extensively used in both government and citizen enforcement cases despite the nearly universal absence of any explicit legislative authorization by Congress. Congress has tangentially recognized the place of SEPs in the penalty and deterrence scheme by giving the Administrator of the United States Environmental Protection Agency (EPA) and the Attorney General …

Countermeasures And High Seas Fisheries Enforcement, Rosemary Rayfuse

Rosemary Rayfuse

No abstract provided.

Non-Flag State Enforcement In High Seas Fisheries, Rosemary Rayfuse

Rosemary Rayfuse

This book is the first comprehensive examination of state practice relating to enforcement by non-flag states of the high seas conservation and management measures adopted by Regional Fisheries Organisations. Moving beyond the issue of the implementation of the United Nations Fish Stocks Agreement, it demonstrates an emerging exception, in customary international law, to the rule of primacy of flag state jurisdiction in the high seas fisheries context and delineates the parameters in which this emerging exception allowing for non-flag jurisdiction may be exercised. This book contains extensive factual descriptions of state practice as well as comprehensive legal analyses of that …

Environmental Law And Policy: Nature, Law, And Society, David Wirth, Zygmunt Plater

David A. Wirth

No abstract provided.

Musculoskeletal Injuries Associated With Selected University Staff And Faculty In An Office Environment, R. Konkel, Thomas Fisher, Carolyn Harvey

Steve Konkel

A research team with backgrounds in occupational therapy, rehabilitation, policy and rulemaking, and prevention programs affecting occupational health and safety designed, validated, and analyzed an ergonomics survey of university staff and faculty. The purpose of the study was to validate identified risk factors from the literature contributing to work-related musculoskeletal disorders (WRMDs) in an office setting within a university setting. The study was also designed to determine differences between faculty and staff in the university setting and their exposure to physical risk factors to WRMDs. The results suggest faculty have their keyboard in awkward positions more frequently than staff, and …

The Availability Of State Environmental Citizen Suits, James R. May

James R. May

No abstract provided.

Green Laws For Better Health: The Past That Was And The Future That Maybe - Reflections From The Indian Experience, Shubhankar Dam

Shubhankar Dam

No abstract provided.

“El Principio De Precaución En La Jurisprudencia Del Tribunal De Justicia De Las Comunidades Europeas: ¿Un Principio De Buen Gobierno?”, Luis González Vaqué

Luis González Vaqué

La jurisprudencia examinada no parece confortar las tesis de quienes se muestran favorables a una concepción maximalista del principio de precaución.

En definitiva, no puede considerarse que concluir que el citado principio se ‘limita’ a permitir a los ‘poderes públicos’ adoptar medidas preventivas proporcionadas, no discriminatorias y de carácter provisional cuando, a pesar de haberse realizado una evaluación de riesgos lo más completa posible, persisten incertidumbres sobre el alcance y naturaleza de un riesgo inaceptable, sea optar por una definición minimalista del principio de precaución. Especialmente, si se tiene en cuenta que una interpretación maximalista del mismo tiende a restarle …