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Full-Text Articles in Law
An Act Of War: Finding A Meaning For What Congress Has Left Undefined, Desiree Gargano
An Act Of War: Finding A Meaning For What Congress Has Left Undefined, Desiree Gargano
Touro Law Review
There are often environmental concerns with any new construction project. One often unforeseen aspect of this is the liability that occurs after a building is destroyed. Property owners have generally faced strict liability for the release of hazardous waste under section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act. This Comment examines why the act of war defense has consistently failed and determines if the law places too high of a burden on property owners who assert this defense.
Judicial Independence In Administrative Adjudication: Indiana's Environmental Solution, Lori Kyle Endris, Wayne E. Penrod
Judicial Independence In Administrative Adjudication: Indiana's Environmental Solution, Lori Kyle Endris, Wayne E. Penrod
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Errata (Correction Notice), Holly Phillips
Errata (Correction Notice), Holly Phillips
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Massachusetts V. Environmental Protection Agency, Exploring The Merits Of Greenhouse Gas Regulation, Elise Korican
Massachusetts V. Environmental Protection Agency, Exploring The Merits Of Greenhouse Gas Regulation, Elise Korican
Journal of the National Association of Administrative Law Judiciary
The purpose of this case note is to explore the Supreme Court's decision in Massachusetts v. EPA. Part II provides the historical background of global warming, related legislation, the enactment of the Clean Air Act and later amendments, as well as relevant case holdings as to judicial review of agency decisions and implementation of the Clean Air Act. Part III sets out the operative facts of the Massachusetts v. EPA case beginning with the initial rulemaking petition, through the decision of the district court of appeals, and describes the facts as presented to the Supreme Court. Part IV outlines the …
Administrative Decision-Making By Judges In The United States' Environmental Protection Agency Administrator's Civil Penalty Assessment Process: Whatever Happened To The Law?, Richard R. Wagner
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Permits For Puddles? The Constitutionality And Necessity Of Proposed Agency Guidance Clarifying Clean Water Act Jurisdiction, Jennifer L. Baader
Permits For Puddles? The Constitutionality And Necessity Of Proposed Agency Guidance Clarifying Clean Water Act Jurisdiction, Jennifer L. Baader
Chicago-Kent Law Review
The Clean Water Act, enacted and amended in the mid-20th century, was a significant development in the protection and restoration of the Nation’s waters. The Act authorized the Environmental Protection Agency and the Army Corps of Engineers to regulate the discharge of pollutants into many types of bodies of water. However, this wide-spread jurisdictional authority was challenged by the Supreme Court in two turn of the century cases which limited the application of the Act to certain waters. In 2011, a draft guidance document was released by the Environmental Protection Agency and the Army Corps of Engineers, which would increase …
Negotiating Better Superfund Settlements: Prospects And Protocols, Scott A. Cassel
Negotiating Better Superfund Settlements: Prospects And Protocols, Scott A. Cassel
Pepperdine Law Review
No abstract provided.
Restorative Justice To Supplement Deterrence-Based Punishment: An Empirical Study And Theoretical Reconceptualization Of The Epa's Power Plant Enforcement Initiative, 2000-2011, Michael L. Rustad, Thomas H. Koenig, Erica R. Ferreira
Restorative Justice To Supplement Deterrence-Based Punishment: An Empirical Study And Theoretical Reconceptualization Of The Epa's Power Plant Enforcement Initiative, 2000-2011, Michael L. Rustad, Thomas H. Koenig, Erica R. Ferreira
Oklahoma Law Review
From the late 1970s to the end of the 1990s, electricity producers modified and operated coal-fired power plants in violation of the Environment Protection Agency’s (EPA) permitting requirements, creating widespread air quality degradation. The EPA’s policy of lax oversight ended in 1999 when it launched a large, coordinated enforcement effort. The 2012 Republican presidential candidates all denounced this more vigilant EPA as engaging in economic terrorism through “sue and settle” tactics that amount to backdoor regulation. This article evaluates federal environmental enforcement, drawing upon objective data from our empirical study of EPA permitting violation settlements for coal-fired power plants entered …
The Clean Water Act And Evolving Due Process: The Emergence Of Contemporary Enforcement Procedures, Alexandria A. Polk
The Clean Water Act And Evolving Due Process: The Emergence Of Contemporary Enforcement Procedures, Alexandria A. Polk
Oklahoma Law Review
No abstract provided.