Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Publication
-
- Beau James Brock (8)
- Rena I. Steinzor (4)
- Chad J McGuire (3)
- Oscar S. Gray (3)
- Student Environmental Law Films/Golden Tree Films (3)
-
- Articles (2)
- Articles in Law Reviews & Other Academic Journals (2)
- David R. Hodas (2)
- Darren A. Prum (1)
- David A. Wirth (1)
- David M Driesen (1)
- Deepa Badrinarayana (1)
- Faculty Articles and Other Publications (1)
- Garrett Power (1)
- John C. Dernbach (1)
- Joshua P Fershee (1)
- Journal Articles (1)
- Kirk W Junker (1)
- Law & Economics Working Papers (1)
- Lea B Vaughn (1)
- Matthew Axtell (1)
- Matthew K Telford (1)
- Nupur Chowdhury (1)
- Robert Percival (1)
- Scholarly Works (1)
- Stepan Wood (1)
- Sustainable Development Law & Policy (1)
- Todd S Aagaard (1)
- Tracey M Roberts (1)
- Working Paper Series (1)
- Publication Type
Articles 1 - 30 of 51
Full-Text Articles in Law
Environmental Law And Policy: Nature, Law And Society, Zygmunt Plater, Robert Abrams, Robert Graham, Lisa Heinzerling, David Wirth, Noah Hall
Environmental Law And Policy: Nature, Law And Society, Zygmunt Plater, Robert Abrams, Robert Graham, Lisa Heinzerling, David Wirth, Noah Hall
David A. Wirth
This user-friendly book - noted for its comprehensive legal process approach to the depth and complexity of modern environmental law - gives students a solid doctrinal footing in the law and helps build their analytical skills. Environmental Law and Policy: Nature, Law, and Society, Fourth Edition, uses the legal process approach, building on a base of common law and constitutional law and continuing on to statutory and administrative law, to illustrate both the structure of the law and how it works.
Among the attributes that have made this classroom-tested casebook a favorite:
coverage not only of the staples of environmental …
From Ship To Shore: Reforming The National Contingency Plan To Improve Protections For Oil Spill Cleanup Workers, Rebecca Bratspies, Alyson Flournoy, Thomas Mcgarity, Sidney A. Shapiro, Rena I. Steinzor, Matthew Shudtz
From Ship To Shore: Reforming The National Contingency Plan To Improve Protections For Oil Spill Cleanup Workers, Rebecca Bratspies, Alyson Flournoy, Thomas Mcgarity, Sidney A. Shapiro, Rena I. Steinzor, Matthew Shudtz
Rena I. Steinzor
Eleven workers died on April 20, 2010, when the Deepwater Horizon oil drilling platform exploded beneath them. Since then, tens of thousands of workers have toiled under difficult conditions to stop the leak and clean up the mess. For these workers, the spill is more than an environmental and economic disaster; it poses straightforward and serious risks to their health and safety. Oil is toxic, as are the dispersants used liberally by BP to contain it. BP’s foul up is not the first significant oil spill in the nation’s history, nor even the first in the Gulf. The oil companies …
Corrective Lenses For Iris: Additional Reforms To Improve Epa's Integrated Risk Information System, Rena I. Steinzor, Wendy E. Wagner, Lena Pons, Matthew Shudtz
Corrective Lenses For Iris: Additional Reforms To Improve Epa's Integrated Risk Information System, Rena I. Steinzor, Wendy E. Wagner, Lena Pons, Matthew Shudtz
Rena I. Steinzor
The Environmental Protection Agency’s (EPA) Integrated Risk Information System (IRIS) is the most important toxicological database in the world. Not only is it the single most comprehensive database of human health information about toxic substances, it also serves as a gateway to regulation, as well as to a range of public and private sector efforts to protect against toxic substances. IRIS “profiles” of individual substances include a number of scientific assessments of the substance’s toxicity to humans by various means of exposure – by inhalation, contact with the skin, and so on. Federal regulators rely on the assessments to do …
Deq Compliance Priorities, Beau James Brock
Deq Compliance Priorities, Beau James Brock
Beau James Brock
Powerpoint on 2010-2011 DEQ Office of Compliance Priorities and Recent Developments.
Regulatory Blowout: How Regulatory Failures Made The Bp Disaster Possible, And How The System Can Be Fixed To Avoid A Recurrence, Alyson Flournoy, William Andreen, Rebecca Bratspies, Holly Doremus, Victor Flatt, Robert Glicksman, Joel Mintz, Daniel Rohlf, Amy Sinden, Rena I. Steinzor, Joseph Tomain, Sandra Zellmer, James Goodwin
Regulatory Blowout: How Regulatory Failures Made The Bp Disaster Possible, And How The System Can Be Fixed To Avoid A Recurrence, Alyson Flournoy, William Andreen, Rebecca Bratspies, Holly Doremus, Victor Flatt, Robert Glicksman, Joel Mintz, Daniel Rohlf, Amy Sinden, Rena I. Steinzor, Joseph Tomain, Sandra Zellmer, James Goodwin
Rena I. Steinzor
The BP oil spill in the Gulf of Mexico is destined to take its place as one of the greatest environmental disasters in the history of the United States, or for that matter, of the entire planet. Like so many other disasters on that list, it was entirely preventable. BP must shoulder its share of the blame, of course. Similarly, the Minerals Management Service (MMS) – since reorganized and rebranded – has come under much deserved criticism for its failure to rein in BP’s avaricious approach to drilling even where it was unable to respond to a worst-case scenario in …
After The Crisis: Consequences, Beau James Brock
After The Crisis: Consequences, Beau James Brock
Beau James Brock
Powerpoint presentation on potential consequences of failing to properly plan and prepare for environmental incidents which may result in dire civil or criminal liability. Also, a discussion of the LDEQ and EPA upcoming enforcement directives is included.
Liability For Environmental Harm And Emerging Global Environmental Law, Robert V. Percival
Liability For Environmental Harm And Emerging Global Environmental Law, Robert V. Percival
Robert Percival
Environmental law and policy are undergoing rapid change at the global, national, and even local levels. The nations of the world continue to struggle to develop an effective global response to climate change. Transboundary pollution and resource management problems command regional attention even as nations work to upgrade their own environmental standards and their energy, transportation, and land use policies. Surprising environmental initiatives are emerging even from state and local governments. In my previous work I have argued that globalization is affecting law and legal systems throughout the world in profound new ways. See Robert V. Percival, The Globalization of …
Some Back-Ended Legal And Political Issues In United States Fisheries Management, Chad J. Mcguire, Bradley P. Harris
Some Back-Ended Legal And Political Issues In United States Fisheries Management, Chad J. Mcguire, Bradley P. Harris
Chad J McGuire
Taxation As Regulation: Carbon Tax, Health Care Tax, Bank Tax And Other Regulatory Taxes, Reuven S. Avi-Yonah
Taxation As Regulation: Carbon Tax, Health Care Tax, Bank Tax And Other Regulatory Taxes, Reuven S. Avi-Yonah
Law & Economics Working Papers
This paper addresses three questions: 1. Is regulation a legitimate goal for taxation? 2. Which tax is best suited for regulation? 3. Would it be better to allocate just one goal per tax among the major taxes (individual and corporate income tax and VAT)? It then analyzes the proposed bank tax and the enacted health care tax as regulatory taxes, and concludes that the first is desirable (as is a carbon tax) but the second is not.
A Few Inconvenient Truths About Michael Crichton's State Of Fear: Lawyers, Causes And Science, Lea B. Vaughn
A Few Inconvenient Truths About Michael Crichton's State Of Fear: Lawyers, Causes And Science, Lea B. Vaughn
Lea B Vaughn
Abstract: Although Crichton has lost the battle regarding global warming, his characterization of lawyers and law practice remains unchallenged. This article challenges his damning portrait of lawyers as know-nothing, self aggrandizing manipulators of various social and environmental causes. A more nuanced examination of “cause lawyering” reveals that lawyers are not part of a vast conspiracy to grab power through the causes for which many work; in fact, the rules of professional responsibility as well as the structure of “cause lawyering” limit their power and influence. Regardless, lawyers are nonetheless vital, and generally principled, participants in the debates and causes that …
Constitutional Limitations On Land Use Controls, Environmental Regulations And Governmental Exactions (2010 Ed.), Garrett Power
Constitutional Limitations On Land Use Controls, Environmental Regulations And Governmental Exactions (2010 Ed.), Garrett Power
Garrett Power
This electronic book is published in a searchable PDF format as a part of the E-scholarship Repository of the University of Maryland School of Law. It is an “open content” casebook intended for classroom use in courses in Land Use Control, Environmental Law and Constitutional Law. It consists of cases carefully selected from the two hundred years of American constitutional history which address the clash between public sovereignty and private property. It considers both the personal right to liberty and the personal right in property. The text consists of non-copyrighted material and readers are free to use it or re-mix …
Moving Power Forward: Creating A Forward-Looking Energy Policy Based On A National Rps, Joshua P. Fershee
Moving Power Forward: Creating A Forward-Looking Energy Policy Based On A National Rps, Joshua P. Fershee
Joshua P Fershee
In Power Forward: The Argument for a National RPS, Professor Lincoln L. Davies provides a comprehensive and compelling argument for a national renewable portfolio standard (“RPS”). This Commentary Article reviews Professor Davies’ assumptions and conclusions and places his RPS analysis in context within the broader energy and environmental debate.
Beyond expanding renewable energy generation and shifting away from fossil fuels, RPS legislation is often motivated by additional goals: addressing climate change, improving national security, and promoting economic development. This Commentary Article argues that, if these loftier goals are to be achieved, a better articulation of RPS objectives is necessary. Furthermore, …
Sustainable Approaches To Managing Small-Scale Ecosystems: A Case Study Of Vernal Pool Protection In The Commonwealth Of Massachusetts, United States Of America, Chad J. Mcguire
Chad J McGuire
Climate Adaptation And The Fifth Amendment To The United States Constitution: How Do Adaptation Strategies Impact Regulatory Takings Claims?, Chad J. Mcguire
Climate Adaptation And The Fifth Amendment To The United States Constitution: How Do Adaptation Strategies Impact Regulatory Takings Claims?, Chad J. Mcguire
Chad J McGuire
The Moral Limits Of Jurisdiction, Beau James Brock, Harold Leggett
The Moral Limits Of Jurisdiction, Beau James Brock, Harold Leggett
Beau James Brock
As the states and the public face new rules on emissions under the Clean Air Act, the authors find that environmental policy devoid of economic feasibility equals ethical bankruptcy by policymakers to the detriment of all citizens and their economic liberty
Hanousek V. United States: Social Engineering Encroaching On Individual Liberty, Beau James Brock
Hanousek V. United States: Social Engineering Encroaching On Individual Liberty, Beau James Brock
Beau James Brock
A legal decision that unexpectedly judicially “extended the reach environmental criminal law” was Hanousek v. United States, wherein the United States Court of Appeals for the Ninth Circuit held the legal standard for criminal negligence under the Clean Water Act (CWA) was ordinary negligence.
One Year's Environmental Litigation: 1977-78, Oscar S. Gray
One Year's Environmental Litigation: 1977-78, Oscar S. Gray
Oscar S. Gray
No abstract provided.
Environmental Crimes, Beau James Brock, Walter Becker, Jr., Dorothy Taylor
Environmental Crimes, Beau James Brock, Walter Becker, Jr., Dorothy Taylor
Beau James Brock
Power point team presentation on environmental crimes.
Renaissance Of Environmental Criminal Investigation In Louisiana: A Model For The Nation, Beau James Brock, Michael Daniels
Renaissance Of Environmental Criminal Investigation In Louisiana: A Model For The Nation, Beau James Brock, Michael Daniels
Beau James Brock
In Louisiana, perpetrators of knowing criminal violations of the Louisiana Environmental Quality Act, Title 30 subject themselves to felony conduct. Now, that is not just idle words on a page. This law enforcement arm built to preserve the quality of life for every citizen of Louisiana is no longer a paper tiger, but a fightin’ tiger, capable of and willing to investigate in any situation. In the spring of 2008, sustainable programmatic changes in CID were immediately put into place. Some of these included the following: 1) comprehensive overhaul of the then current policies and procedures; 2) the replacement of …
Cases And Materials On Environmental Law 2nd Edition, Oscar Gray
Cases And Materials On Environmental Law 2nd Edition, Oscar Gray
Oscar S. Gray
No abstract provided.
Section 4(F) Of The Department Of Transportation Act, Oscar S. Gray
Section 4(F) Of The Department Of Transportation Act, Oscar S. Gray
Oscar S. Gray
No abstract provided.
Workers At Risk: Regulatory Dysfunction At Osha, Thomas Mcgarity, Rena I. Steinzor, Sidney A. Shapiro, Matthew Shudtz
Workers At Risk: Regulatory Dysfunction At Osha, Thomas Mcgarity, Rena I. Steinzor, Sidney A. Shapiro, Matthew Shudtz
Rena I. Steinzor
The Occupational Safety and Health Administration was born with a heavy load to bear – the obligation of ensuring that every worker in America has a safe and healthful workplace for his or her entire working life. In its early years, OSHA acted with great vigor, establishing important standards for occupational health and safety that have prevented hundreds of thousands of injuries and illnesses. But the agency has not aged gracefully. Today its enforcement staff is stretched thin and the rulemaking staff struggle to produce health and safety standards that can withstand industry legal challenges. In short, OSHA is a …
Mitigating The Distributional Impacts Of Climate Change Policy, Tracey M. Roberts
Mitigating The Distributional Impacts Of Climate Change Policy, Tracey M. Roberts
Tracey M Roberts
Under both a cap-and-trade system and a greenhouse gas tax, the government will regulate energy suppliers and distributors, utility companies, and large manufacturers. These parties will bear the statutory incidence of the regulation. However, the financial impacts of regulating greenhouse gas emissions will be borne primarily by consumers. Consumers will bear the economic incidence of the regulation in the form of increased costs of gasoline, electricity, and home heating fuels and in increased consumer prices for all goods manufactured or distributed using fossil fuels. Greenhouse gas regulation will also generate significant revenue. This Article addresses the question of what should …
Stopping Nuclear Power Plants: A Memoir, Louis J. Sirico Jr.
Stopping Nuclear Power Plants: A Memoir, Louis J. Sirico Jr.
Working Paper Series
A memoir of the author's involvement in the anti-nuclear power movement.
The Political Consequences Of Legal Victories: Ballast Regulation And The Clean Water Act, Zdravka Tzankova
The Political Consequences Of Legal Victories: Ballast Regulation And The Clean Water Act, Zdravka Tzankova
Zdravka Tzankova
Federal conservation policy has seen a new development recently: the use of the Clean Water Act (CWA) as a tool for regulating ballast water discharges from ships and, thereby, for preventing biological invasions caused by the discharge of nonindigenous organisms in ballast. Some outcomes of this new method for regulating ballast water discharge are obvious, others are much less so. Superimposing CWA regulatory authority on an already existing system of U.S. ballast law and regulation is likely to change the politics of ballast regulation. What do such changes in regulatory politics spell for the future of regulatory protections against biological …
Miccosukees And The Tamiami Trail Bridge: Examining The Tribe’S Attempts To Sink The Modified Waters Delivery Project, Jeffrey A. Hegewald
Miccosukees And The Tamiami Trail Bridge: Examining The Tribe’S Attempts To Sink The Modified Waters Delivery Project, Jeffrey A. Hegewald
jeffrey a hegewald
In the fall of 2008, legal challenges to the Tamiami Trail Bridge project threatened to derail a critical component of the $7.3 billion Everglades restoration program. Indeed, only the Omnibus Spending Act of 2009 saved the project following a ruling from the Federal District Court for the Southern District of Florida. Prior to the events discussed in my note, failure appeared almost certain for years of research, development, and project adaptations performed by the Army Corps of Engineers in conjunction with the DOI/National Park Service.
My note, "Miccosukees and the Tamiami Trail Bridge: Examining the Tribe’s Attempts to Sink the …
What Ever Happened To Canadian Environmental Law?, Stepan Wood, Georgia Tanner, Benjamin J. Richardson
What Ever Happened To Canadian Environmental Law?, Stepan Wood, Georgia Tanner, Benjamin J. Richardson
Stepan Wood
This Article examines the history of Canadian environmental law to explain why it has become a laggard in both legal reform and environmental performance. Canadian environmental law has long been of interest to scholars worldwide, yet its record is often poorly understood. The Article contrasts recent developments with the seemingly progressive initiatives of the 1970s, and analyzes these trends in light of their political, economic, and governance context, as well as the wider critiques of environmental law. It argues that there is considerable room for Canadian governments to adopt more robust methods of environmental law, including following pioneering reforms advanced …
Decision On Bt-Brinjal: Issues Of Legal Certainty, Nupur Chowdhury, Nidhi Srivastava
Decision On Bt-Brinjal: Issues Of Legal Certainty, Nupur Chowdhury, Nidhi Srivastava
Nupur Chowdhury
The recent decision of the government of India to impose a moratorium on the release of Bt-Brinjal has been hailed by civil society and scientists alike as a victory for transparency and has demonstrated that the government is responsive to societal demands. This decision is also important since it could set a precedent within environmental regulation with reference to technologies with significant environmental risks. However, the decision also reflects a clear departure from procedure and its legal basis is tenuous and therefore the risk of it being reversed remains. This establishes a clear case for ensuring legal certainty in environmental …
Cleaning Up The Muck: Clarifying The Scope Of Cercla's Potentially Responsible Parties, Matthew K. Telford
Cleaning Up The Muck: Clarifying The Scope Of Cercla's Potentially Responsible Parties, Matthew K. Telford
Matthew K Telford
Last term, in Burlington Northern & Santa Fe Railway Co. v. United States, the Supreme Court clarified the scope of CERCLA’s arranger liability by holding that an arranger must intend to dispose, in order to be held liable as a Potentially Responsible Party (“PRP”). The case sheds light on the Supreme Court’s plain language construction of CERCLA, and its willingness to graft requirements for liability which some consider inconsistent with a strict liability statute. The Court’s decision focuses attention on other PRP disputes, specifically the extent to which a previous owner, one of the four categories of PRP, can be …
Can The Law Facilitate A Finance Shift From Mitigation To Adaptation?, Kirk W. Junker
Can The Law Facilitate A Finance Shift From Mitigation To Adaptation?, Kirk W. Junker
Kirk W Junker
No abstract provided.