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Articles 1 - 7 of 7
Full-Text Articles in Law
When Extinction Is More Ethical Than Conservation: The Endangered Species Act And The Keystone Dilemma, Miranda F. Thomas
When Extinction Is More Ethical Than Conservation: The Endangered Species Act And The Keystone Dilemma, Miranda F. Thomas
Exigence
This paper examines how the Endangered Species Act's measures to protect endangered species have resulted in increased rates of extinction. The author summarizes the concept of endangered keystone species and explains the processes and operations of the environmental legislation enacted to protect the species. The paper discusses the harmful consequences that certain laws have had on both species and humans, such as misappropriating resources to species that are not as endangered as others, and abusing regulations in manners that punish people for conservation efforts. By examining opposing arguments that favor increased regulation, this paper explains through data from leading academic …
Climate Change Law In And Over Time, Richard J. Lazarus
Climate Change Law In And Over Time, Richard J. Lazarus
San Diego Journal of Climate & Energy Law
The critical lesson for climate change legislation is that the pending lawmaking moment must include the enactment of provisions specifically designed to maintain the legislation’s ability to achieve its long-term objectives over the longer term. For climate change legislation to be successful, the new legal framework must simultaneously be flexible in certain respects and steadfast in others. Flexibility is necessary to allow for the modification of legal requirements over time in light of new information. Steadfastness or “stickiness” is important to maintain the stability of a law’s requirements over time. The need for both is particularly great for climate change …
Environmental Law And Global Climate Change., Howard Bromberg
Environmental Law And Global Climate Change., Howard Bromberg
Book Chapters
Contribution by Howard J. Bromberg to Encyclopedia of Global Warming
Oil And Gas Issues Involved In Cercla Reauthorization., Joseph R. Dancy, Victoria A. Dancy
Oil And Gas Issues Involved In Cercla Reauthorization., Joseph R. Dancy, Victoria A. Dancy
St. Mary's Law Journal
After several decades of environmental legislation, the regulated community faces an extremely complex and costly matrix of obligations and responsibilities. For industry in general, the most expensive environmental statute enacted has been the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA). CERCLA created the Hazardous Substances Superfund (Superfund) and established retroactive liability for remediation of hazardous substance contamination. President Clinton admitted CERCLA does not work and even labelled the Superfund a “disaster.” Even though public and private entities have already spent twenty billion dollars on the CERCLA program since its inception, only around ten or twenty percent of …
The Negative Commerce Clause And State Environmental Legislation-Externalities Suggest Application Of The Tax Standard To Environmental Regulations, Douglas K. Stewart
The Negative Commerce Clause And State Environmental Legislation-Externalities Suggest Application Of The Tax Standard To Environmental Regulations, Douglas K. Stewart
Vanderbilt Law Review
This Note advocates judicial application of this tax analysis not only to tax environmental legislation, but also to regulatory environmental legislation. The theoretical justification for this thesis is provided by the economic concept of externalities. Externalities are elements used in the production of a marketed item without cost to the producer, but at a cost to others. The term "externality"stems from the fact that the use of the element of production is not included in the market price of the item. Undesirable environmental impact has been recognized as an externality -- a cost to those people adversely affected by it …
Impact Of Federal Water Pollution Controls On Local Land Use Decisions, Nicholas L. White
Impact Of Federal Water Pollution Controls On Local Land Use Decisions, Nicholas L. White
Articles by Maurer Faculty
No abstract provided.
Book Review. Nepa In The Courts: A Legal Analysis Of The National Environmental Policy Act By F. R. Anderson, A. Dan Tarlock
Book Review. Nepa In The Courts: A Legal Analysis Of The National Environmental Policy Act By F. R. Anderson, A. Dan Tarlock
Articles by Maurer Faculty
No abstract provided.