Law Commons^™

Karen Macdonald On Constitutional Environmental Rights By Tim Hayward. Oxford: Oxford University Press, 2005. 236pp., Karen Macdonald

Human Rights & Human Welfare

No abstract provided.

Environmental Law At Maryland, No. 21, Summer-Fall 2005

Environmental Law at Maryland

No abstract provided.

Environmental Law, Travis M. Trimble

Mercer Law Review

In 2004 courts in the Eleventh Circuit addressed several Clean Water Act issues. The Eleventh Circuit Court of Appeals arguably expanded the scope of the injuries a plaintiff may allege to have standing to sue under the Clean Water Act. The court held that the federal court had jurisdiction over a Clean Water Act citizen suit alleging violations of a permit issued by the State of Georgia under its permitting program authorized under the Act. The Eleventh Circuit also addressed whether a Florida state regulation effectively revised or added to the state's Clean Water Act, which mandated water quality standards, …

Arnold Schwarzenegger And Our Common Future, Sarah Krakoff

Buffalo Law Review

No abstract provided.

Who Is Encroaching Whom? The Balance Between Our Naval Security Needs And The Environment: The 2004 Rrpi Provisions As A Response To Encroachment Concerns, Natalie Barefoot-Watambwa

University of Miami Law Review

No abstract provided.

Sustainable Development And Private Global Governance, Douglas A. Kysar

Cornell Law Faculty Publications

This Article utilizes recent controversy over Coca-Cola's alleged depletion of groundwater resources in India as a vehicle for exploring competing conceptions of global environmental governance and the role of private actors within them. Initially, it uses the Coca-Cola groundwater situation to identify core substantive and procedural meanings that lurk within the otherwise ingeniously ambiguous concept of sustainable development. Through this exercise, it is shown that - when properly understood - the sustainable development paradigm stands in considerable tension with the premises of market liberalism that drive such political and economic trends as global market integration; privatization and commodification of water …

Table Of Contents

Journal of Environmental and Sustainability Law

No abstract provided.

With Liberty And Environmental Justice For All: A Decade At The Nuclear Regulatory Commission, Tyson R. Smith

Journal of Environmental and Sustainability Law

No abstract provided.

Federal Preemption Under The Clean Air Act: A Loss For The Environment But Not Necessarily A Victory For Diesel. Engine Manufacturers Association V. South Coast Air Quality Management District, Joshua N. Corman

Journal of Environmental and Sustainability Law

No abstract provided.

When Policy Trumps The Text: How Ambiguous Statutes Allow The Courts An Opportunity To Further Congressional Intent. Cooper Industries, Inc. V. Aviall Services, Inc., Ben Mcintosh

Journal of Environmental and Sustainability Law

No abstract provided.

Balancing The Fourth Amendment Against Protecting The Environment. Riverdale Mills Corp. V. Pimpare, Laurie Knight

Journal of Environmental and Sustainability Law

No abstract provided.

Court Reports

Journal of Environmental and Sustainability Law

No abstract provided.

Preserving The Nation's Fisheries: Attempts To Take Away What The United States Granted The Indians. Midwater Trawlers Co-Operative V. Department Of Commerce, Haley M. Peerson

Journal of Environmental and Sustainability Law

No abstract provided.

No Good Deed Goes Unpunished: The Cercla Liability Exposure Unfortunately Created By Pre-Acquisition Soil Testing, Jennifer L. Scheller

Michigan Law Review

This Note argues that CERCLA, as it is currently written, requires courts to hold parties liable for pre-purchase soil investigations that spread or mix contamination because to conclude otherwise would stretch CERCLA beyond its breaking point. Part I argues that both those who order pre-acquisition soil testing and those who conduct the tests are PRPs if the testing spreads existing contamination. Part II argues that the statute does not allow for the judicial creation of a soil testing liability exception. Part III acknowledges the policy problems created by testing liability and advocates a legislative solution to exempt pre-purchase soil testing …

Sharing Potential And The Potential For Sharing: Open Source Licensing As A Legal And Economic Modality For The Dissemination Of Renewable Energy Technology, Jason Wiener

ExpressO

No abstract provided.

Signaling Social Responsibility: On The Law And Economics Of Market Incentives For Corporate Environmental Performance, Jason S. Johnston

All Faculty Scholarship

This article analyzes the law and economics of market internalization: the capability of markets to both penalize and reward firms for their environmental, health and safety performance. As for market sticks, the article maintains that market transactions - both private and public sales of corporate assets as well as transactions in publicly traded securities - are an important avenue through which firms realize comparative advantages in regulatory compliance, and that such transactions have the potential to significantly enhance corporate environmental and social performance. Asset transactions tend to drive environmental cleanup and transfer assets to firms that are better able to …

Sand Mining In Baja And Alta California, Harold Magistrale

San Diego International Law Journal

This Comment will examine some geologic, environmental, and legal aspects of the international sand trade. Looking at the state of sand mining in both countries will demonstrate that the United States and Mexico have parallel regulatory structures and similar environmental concerns and will show how municipal and state officials in Baja California are ale to piggyback their economic concerns onto environmental regulations. This Comment will also examine the sand trade issue for lessons applicable to cross border trade and suggest a certification mechanism that would allow continued sand exports while preserving environmental safeguards.

Looking To Local Law: Can Local Ordinances Help Protect Isolated Wetlands?, Kim Diana Connolly

Other Scholarship

No abstract provided.

Interstate Commerce And Interstate Endangered Species: The Controversy And The Need For Compromise, Paul Ziel

Brigham Young University Journal of Public Law

No abstract provided.

Stormwater Utility Fees: Considerations & Options For Interlocal Stormwater Working Group (Iswg), New England Environmental Finance Center

Economics and Finance

Stormwater utilities are a concept whose time seems to have arrived. Established by relatively few communities in the 1970s as a method of funding flood control measures, stormwater utilities now exist in over 400 municipalities and counties throughout the United States. During the next 10 years, their numbers are expected to swell dramatically – by one estimate to over 2,000 by the year 2014.

The reasons for this growth are multifold. Federal stormwater regulations passed in the 1980s (Phase I of the National Pollutant Discharge Elimination System Program, or NPDES), motivated many larger communities to seek alternative funding sources and …

An Examination Of Reinsurers’ Associations In Underlying Claims: The Iron Fist In The Velvet Glove?, Louis Torch

The University of New Hampshire Law Review

[Excerpt] “The onslaught of environmental and asbestos claims coupled with the aftermath of the terrorist attacks of September 11, 2001, and their deleterious effects on the commercial property reinsurance industry, has left insurers and reinsurers reeling. This article submits that the iron fist in the velvet glove has replaced the once gentlemanly handshake that cemented contractual relations between cedent and reinsurer. The case law reveals that both cedent and reinsurer share the blame for this markedly adversarial shift. As the cases in this article demonstrate, cedents bear responsibility for shortcomings in their underwriting and claims handling, and reinsurers have often …

An Economic Theory Of Infrastructure And Commons Management, Brett M. Frischmann

ExpressO

In this article, Professor Frischmann combines a number of current debates across many disciplinary lines, all of which examine from different perspectives whether certain resources should be managed through a regime of private property or through a regime of open access. Frischmann develops and applies a theory that demonstrates there are strong economic arguments for managing and sustaining openly accessible infrastructure. The approach he takes differs from conventional analyses in that he focuses extensively on demand-side considerations and fully explores how infrastructure resources generate value for consumers and society. As a result, the theory brings into focus the social value …

Connecticut Nitrogen Credit Exchange Program, Ann Powers

Elisabeth Haub School of Law Faculty Publications

Long Island Sound is a cherished national natural resource, surrounded by some of the most densely populated land in the country. It has long provided sustenance, economic opportunities and comfort to the spirit for those who inhabit or visit its shores and waters. Like many of our Nation's water bodies, it drains a substantial and diverse watershed, and suffers a broad range of environmental insults. The problem of most concern is the severe shortage of oxygen in the deep waters of the western part of the Sound during summer months. This hypoxia is attributable to excess nitrogen that fuels the …

Giving Content To Our Environmental Moral Obligations To Future Generations: Why Kyoto Is A Fallacy, Mirko Bagaric

Buffalo Environmental Law Journal

No abstract provided.

Table Of Contents

Journal of Environmental and Sustainability Law

No abstract provided.

Standing Alone: The Fight To Get Citizen Suits Under The Clean Water Act Into The Courts. Ailor V. City Of Maynardville, Ben Mcintosh

Journal of Environmental and Sustainability Law

No abstract provided.

A Proposal To Greatly Expand National Parks In The Lower Forty-Eight States: An Investment In Our Planet's Future, William A. Wines

Journal of Environmental and Sustainability Law

No abstract provided.

Of Square Pegs, Round Holes And Recalcitrants Lying In The Weeds: Superfund's Legal Lessons For Everglades Restoration , Alfred R. Light

Journal of Environmental and Sustainability Law

No abstract provided.

Snowmobiling In Voyageurs National Park: The Eighth Circuit Gives One Answer Amidst A Blizzard Of Controversy. Voyageurs National Park Association V. Norton, Lindsay Counte

Journal of Environmental and Sustainability Law

No abstract provided.

Caveat Emptor, Indeed: Eighth Circuit Bars Strict Liability Recovery From Subsequent Property Owners In Minnesota. Kennedy Building Associates V. Viacom, Inc., Jason M. Scherer

Journal of Environmental and Sustainability Law

No abstract provided.