Law Commons^™

Incentives For Action: Market-Based Environmental Strategies, Sheikh Sarmad Hafeez

LLM Theses and Essays

Societies have dealt with problems of environmental degradation for centuries, revealing a consistent concern among law makers regarding rates of natural resource consumption. More recently, the United States and other nations have begun to face increasingly perilous environment challenges such as global climate change, indoor pollution, stratospheric ozone depletion, acid rain, urban smog and the degradation of public lands.

The present work explores the environmental problems that, for centuries have plagued our planet, and that continue to threaten it, as well as different approaches to curtail these problems. The present work concludes by showing the most promising of these approaches …

The Tragedy Of The Commons, Part Two, James E. Krier

Articles

This symposium is about the idea of "free market environmentalism" in general and the book Free Market Environmentalism, by Terry Anderson and Donald Leal,1 in particular. While I focus chiefly on Anderson and Leal's book, the discussion will necessarily involve the general idea of free market environmentalism as well. The conceit of my tide, which obviously derives from Garrett Hardin's celebrated essay on The Tragedy of the Commons,2 is this: Superficial differences aside, Hardin's essay and Anderson and Leal's book address the same fundamental problem of coordinating human behavior as it affects environmental quality. But both the essay and the …

Environmental Permits: Land Use Regulation And Policy Implementation In Texas., Wm. Terry Bray, R. Alan Haywood, David S. Caudill, Pamela S. Bacon

St. Mary's Law Journal

Real estate lawyers traditionally focused on the applicable zoning ordinances of the governing municipality. Real estate lawyers also are familiar with applicable subdivision ordinances, which typically impose additional limitations on the use of real property. Subdivision platting was originally envisioned as a procedure to ensure orderly development of property within the jurisdiction of a municipality. Many local land use regulations promulgated in recent years focus on the “environment” and purport to be necessary to conserve and protect natural resources. A complex network of federal and state statutes now exists which regulates the use of real property in order to protect …

Health Effects Of Air Pollutants (Sulfur Dioxide, Ozone, And Carbon Monoxide), Robert A. Bethel

Air Quality Protection in the West (November 27-28)

19 pages (includes illustrations).

Contains references.

Motor Vehicle Air Pollution Control: The Remaining Issues, Michael P. Walsh

Air Quality Protection in the West (November 27-28)

26 pages (includes illustrations).

Contains references.

Diminishing Views: Air Quality In Western National Parks, Christine L. Shaver

Air Quality Protection in the West (November 27-28)

17 pages.

Contains references.

Transboundary Air Pollution: The Legal Framework, Mark S. Squillace

Air Quality Protection in the West (November 27-28)

12 pages (includes illustrations).

Contains footnotes.

Agenda: Air Quality Protection In The West, University Of Colorado Boulder. Natural Resources Law Center

Air Quality Protection in the West (November 27-28)

Conference organizers, session moderators and/or speakers included University of Colorado School of Law professor Mark S. Squillace.

Visibility, acid rain, air toxics, and urban air pollution are the topics of an upcoming Center conference on air quality in the West. The conference will be held at the School of Law in Boulder on November 27-28, 1989. Presentations will describe the nature and scope of the issues, the existing legal framework and experience with its implementation, and proposed changes in the law. Emphasis will be placed on air quality issues in the West and efforts underway to address these problems. Special …

The United States Experience With Air Pollution Control, A. Dan Tarlock

New Challenges for Environmental Protection: Second Sino-American Conference on Environmental Law (October 12-13)

4 pages.

The National Environmental Policy Act: No Longer A Teenager, But Not Yet Grown-Up, George W. (Rock) Pring

New Challenges for Environmental Protection: Second Sino-American Conference on Environmental Law (October 12-13)

98 pages.

Contains footnotes.

Annual Survey Of Virginia Law: Environmental Law, Theodore R. Kingsley

University of Richmond Law Review

This article addresses significant developments in Virginia law pertaining to air and water pollution, solid and hazardous waste, and pesticide regulation which have occurred between the publication of last year's survey and August 1, 1989. Not considered herein are the Chesapeake Bay Preservation Area Designation and Management Regulations promulgated by the Chesapeake Bay Local Assistance Board.

The Political Economy Of Barry Commoner, James E. Krier

Articles

The centerpiece of what follows is an article by Barry Commoner that appeared in The New Yorker magazine in 1987.' The article, although an essentially popular work, is for several reasons worth the attention of a community professionally interested in law and the environment. First, it distills and supplements views that Commoner has advanced with much prominence throughout the life-twenty years to date-of the environmental movement in the United States. Thus it provides an opportunity for the present generation's students of environmental law, many of whom seem to know nothing of Commoner and his ideas, to become familiar with a …

Integrating Thoughtways: Re-Opening Of The Environmental Mind?, Lakshman Guruswamy

Publications

The implementation of environmental law and policy has assumed that pollution could be contained, corralled and interdicted within the medium (air, land, or water) in which unpleasant effects are encountered. Sweeping, but piecemeal, federal legislation in the 1970s aspired to create healthy air, together with fishable, swimmable and drinkable waters. Despite impressive gains, these goals have not been achieved. There have been painful failures, compounded by the mounting costs of environmental protection. While the need for environmental protection is generally accepted, the effectiveness and efficiency of regulation based on the legislation of the 1970s has been questioned in the 1980s. …

The Industry Perspective: The Pros And Cons Of Mineral Development In Indian Country, William A. White

Natural Resource Development in Indian Country (Summer Conference, June 8-10)

17 pages.

Wilderness And Natural Area Preservation In The United States: A Survey Of National Laws, George W. Pring, Stephen Miller

Proceedings of the Sino-American Conference on Environmental Law (August 16)

32 pages.

Contains 5 pages of endnotes.

Overview Of The U.S. System Of Environmental Law, Lawrence J. Macdonnell

Proceedings of the Sino-American Conference on Environmental Law (August 16)

25 pages (includes illustrations).

Contains 3 pages of references.

The Control Of Air And Water Pollution In The United States Of America, Stuart L. Deutsch, A. Dan Tarlock

Proceedings of the Sino-American Conference on Environmental Law (August 16)

14 pages.

Contains 2 pages of references.

Hazardous Waste Controls In The United States, 1987, David R. Andrews

Proceedings of the Sino-American Conference on Environmental Law (August 16)

10 pages.

Changing Policy Roles Of Environmental Science, Devra Lee Davis

Proceedings of the Sino-American Conference on Environmental Law (August 16)

6 pages.

Contains references.

Ski Development In National Forests, Harris D. Sherman, David S. Neslin, Ian K. Whitlock

The Public Lands During the Remainder of the 20th Century: Planning, Law, and Policy in the Federal Land Agencies (Summer Conference, June 8-10)

79 pages.

In The Beginning God Created The Public Trust Doctrine?, Ralph W. Johnson

Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3)

15 pages.

Citizen Suits And Civil Penalties Under The Clean Water Act, James L. Thompson

Michigan Law Review

Part I briefly describes the division that currently exists between the Fourth, Fifth, and First Circuits. Part II analyzes the arguments relating to statutory construction, focusing on statutory language and structure as illuminated by legislative history. Part III examines the broader policy considerations arising when courts decide questions of citizen suit jurisdiction under section 505. Resolution of this issue has usually entailed an extreme interpretation of section 505, either very rarely allowing suits for past violations or allowing them in all cases. Parts II and III argue that the most appropriate response to this problem is actually the less frequently …

Jurisdictional And Institutional Issues: Public Lands, Robert B. Keiter

External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16)

13 pages.

Contains references.

Pollution In Parks: A Publication Of The National Park Service, Richard H. Briceland

External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16)

28 pages (includes illustrations).

Contains references.

Protecting National Park Resources: Wildlife, George Cameron Coggins

External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16)

28 pages.

Contains references.

Legal Issues Associated With Protecting Park Resources: Air Quality And Related Values, Molly N. Ross

External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16)

109 pages.

Contains references.

Contains 5 attachments:

1) United States Department of the Interior Memorandum, September 20, 1985: Protection of National Park System Units from the Adverse Effects of Air Pollution.

2) Library of Congress Congressional Research Service Memorandum, November 19, 1985: Comments on Department of the Interior Memorandum of September 20, 1985 Entitled "Protection of National Park System Units from the Adverse Effects of Air Pollution."

3) United States Department of the Interior Memorandum, May 15, 1986: Legal Authority of the Secretary to Protect the Air Quality and Related Values of NPS Units from Adverse Impacts of Surface Coal …

Agenda: External Development Affecting The National Parks: Preserving "The Best Idea We Ever Had", University Of Colorado Boulder. Natural Resources Law Center

External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16)

Conference organizers and/or faculty included University of Colorado School of Law professors Lawrence J. MacDonnell and Daniel Magraw.

The conference will be held at the Aspen Lodge, adjacent to Rocky Mountain National Park near Estes Park, Colorado.

It was Wallace Stegner who called the national parks "the best idea we ever had." The continuing increases in usage attest to their popularity. National parks are created to preserve areas of special scenic and cultural value for enjoyment and use. Managing the parks in a manner that protects the important values and purposes for which they were created presents important and difficult …

Epa Regulation Of Mining Wastes Under Rcra And Cercla, Robert E. Walline

Getting a Handle on Hazardous Waste Control (Summer Conference, June 9-10)

9 pages.

The New Cercla Amendments—What Are They? What Do They Mean?, David R. Andrews

Getting a Handle on Hazardous Waste Control (Summer Conference, June 9-10)

35 pages.

Reducing Acid Rain In Eastern North America: The Scientific Basis For An Acid Rain Control Policy, Michael Oppenheimer

University of Michigan Journal of Law Reform

This Article presents the scientific basis for an effective acid rain control policy. Part I suggests that if a choice must be made, regulation should focus primarily on sulfur dioxide emissions rather than nitrogen oxide emissions because sulfur deposition is the major cause of watershed acidification. Part II explains the need for at least a fifty percent reduction in sulfur dioxide emissions to meet a "safe" deposition level. Part III specifies the geographical allocation of sulfur emission reductions necessary to attain target deposition levels in the northeastern United States and southeastern Canada. The Article concludes by demonstrating the need for …