Law Commons^™

Fourth Circuit Summary, Editors Of The William & Mary Environmental Law And Policy Review

William & Mary Environmental Law and Policy Review

The Fourth Circuit Summary provides a summary of prevailing environmental decisions decided by the United States Court of Appeals for the Fourth Circuit since the last issue of the William and Mary Environmental Law and Policy Review. It does not cover every environmental decision of the Fourth Circuit during that time period, but only those cases which the editors believe to be of the most interest to our subscribers.

Killing The Proverbial Two Birds With One Stone: Using Environmental Statutes And Nuisance To Combat The Crime Of Illegal Drug Trafficking, Omar Saleem

Journal Publications

No abstract provided.

State Responsibity And Civil Reparation For Environmental Damage, Leslie C. Green

International Law Studies

No abstract provided.

Wisdom Across The Atlantic: North America And The European Experience, Paul S. Kibel

Publications

No abstract provided.

International Water Law And The Protection Of River System Ecosystem Integrity, A. Dan Tarlock

Brigham Young University Journal of Public Law

No abstract provided.

Interstate Compacts That Are For The Birds: A Proposal For Reconciling Federal Wetlands Protection With State Water Rights Through Federal-Interstate Compacts, Erik G. Davis

Brigham Young University Journal of Public Law

No abstract provided.

Brief For Respondent: Eighth Annual Pace National Environmental Law Moot Court Competition, Katherine Abate, Jessica Reid, Robin Silberzweig

Pace Environmental Law Review

No abstract provided.

Table Of Contents

Journal of Environmental and Sustainability Law

No abstract provided.

Commentary On Midwest Interstate Low-Level Radioactive Waste Compact: Interviews With David Shorr, Director Of Missouri's Department Of Natural Resources, And Kay Drey, Anti-Nuclear Activist , Wendy Hickey

Journal of Environmental and Sustainability Law

No abstract provided.

The Midwest Interstate Low-Level Radioactive Waste Compact: Its Status In Light Of New York V. United States And The Low-Level Radioactive Waste Policy Amendments Act Of 1985 , Wendy Hickey

Journal of Environmental and Sustainability Law

No abstract provided.

Bioremediation: A Growing Trend In Pollution Treatment And Control , Michael Kukuk

Journal of Environmental and Sustainability Law

No abstract provided.

Issue Ripe For Supreme Court Review: Whether Congress Intended To Alter The Common Law Principles Of Corporate Limited Liability When Enacting Cercla,, Constance S. Chandler, Rebecca J. Grosser

Journal of Environmental and Sustainability Law

No abstract provided.

Case Summaries

Journal of Environmental and Sustainability Law

No abstract provided.

Butting Heads: Nepa And Esa, When Designation Of A Critical Habitat Under The Endangered Species Act Conflicts With Nepa's Environmental Impact Statement Documentation Requirements, Cynthia Giltner

Journal of Environmental and Sustainability Law

No abstract provided.

A Hot Debate: Application Of The Zone Of Interests Test To The Endangered Species Act. Bennett V. Plenert, Lynette Mccloud

Journal of Environmental and Sustainability Law

No abstract provided.

Hunters Point: Energy Development Meets Environmental Justice, Alan Ramo

Publications

Community reaction to a proposal to build the first new power plant in decades in San Francisco has forced a California agency, the California Energy Commission (CEC), to hold the first ever evidentiary hearings explicitly on the issue of environmental justice. In the process, fundamental questions regarding civil rights, energy development, environmental decision-making and economic development in poor communities are being litigated. At stake is the public and economic health of a community and perhaps the conscience of our environmental regulatory system.

Fighting Back Against A Power Plant: Some Lessons From The Legal And Organizing Efforts Of The Bayview~Hunters Point Community, Clifford Rechtschaffen

Publications

Although the environmental justice movement catapulted into national consciousness during the 1990s, as reflected most notably in President Clinton's 1994 Executive Order on Environmental Justice, communities of color still face an uphill struggle fighting specific siting decisions. One community in the midst of such a battle is Bayview-Hunters Point, a low and middle-income community in San FrancIsco, overwhelmingly comprised of people of color. It is home to San Francisco's two existing power plants, and is burdened with a very high concentration of the City's dirty industries. In 1994, the San Francisco Energy Company proposed siting yet another power plant in …

Community Guide To Environmental & Occupational Safety Laws - Part Ii - Your Right To A Clean Environment: Review Of Selected Environmental Laws

Environmental Law and Justice Clinic

The Environmental Law and Justice Clinic ("ELJC") of Golden Gate University School of Law developed this part of the Community Guide to assist you and your community in addressing environmental pollution concerns. It explains several state and federal environmental laws, and provides an overview of several governmental agencies responsible for enforcing these laws. We hope you will fmd this Community Guide useful, such as when you want to identify and contact a governmental agency, obtain information about an environmental hazard in your neighborhood or workplace, participate in an environmental decision-making process, or voice your concerns on a particular environmental issue …

Resource Law Notes Newsletter, No. 37, Spring Issue, Apr. 1996, University Of Colorado Boulder. Natural Resources Law Center

Resource Law Notes: The Newsletter of the Natural Resources Law Center (1984-2002)

No abstract provided.

Recovering Environmental Cleanup Costs Under The Resource Conservation And Recovery Act: A Potential Solution To A Persistent Problem, Randall J. Butterfield

Vanderbilt Law Review

The rise of environmental concerns in the 1950s and 1960s' led Congress to adopt a number of statutes designed to curtail the pro- duction of air and water pollution as well as to promote the proper handling, storage, and disposal of those substances capable of contaminating the nation's natural resources. Citizen suit provisions were eventually incorporated into these environmental statutes in an effort to supplement what many perceived to be less than diligent governmental enforcement measures. However, despite early congressional efforts to regulate air and water pollution, disposal of hazardous waste on land went largely unregulated. This legislative oversight resulted …

Venue For Offshore Environmental Crimes: The Seaward Limits Of The Federal Judicial Districts, M. Benjamin Cowan

Vanderbilt Law Review

Consider the following scenario: USA Oil, an American company incorporated in Delaware with its principal place of business in California, has been conducting ongoing oil drilling operations in the Gulf of Mexico. The company operates three oil platforms off the Texas coast. One is located two miles offshore, another six miles offshore, and the third ten miles offshore.

Federal authorities receive notice that on several occasions since the company began operating these rigs, it deliberately allowed large quantities of oil to leak into the Gulf from each of them. The government seeks to indict USA Oil on three counts of …

Environmental Realpolitik: Joint Implementation And Climate Change, Thomas C. Heller

Indiana Journal of Global Legal Studies

Professor Heller's article discusses why there has been little

progress after the Rio Earth Summit in developing the Framework

Convention on Climate Change. He argues that, beyond the scientific

uncertainties about climate change and its economic impacts,

agreement on the legal structure of a comprehensive regime has been

hampered by institutional factors. These include: the political

discounting of damage to future populations, the diverse risks of

global warming in different regions, and the distrust in many nations

with market instruments, like taxes or tradable permits, that are

favored by many industrial nations dependent on fossil fuels.

Resolving these problems will …

Loss Of Protection As Injury In Fact: An Approach To Establishing Standing To Challenge Environmental Planning Decisions, Miles A. Yanick

University of Michigan Journal of Law Reform

As currently interpreted by the United States Supreme Court, Article III of the Constitution creates a significant hurdle for plaintiff citizen groups seeking standing to challenge environmental planning or management decisions. In particular, plaintiffs have had difficulty in making the required showing of an 'injury in fact" where an agency has not yet approved a site-specific action but has approved only a general plan for an area to govern future site-specific actions. The Supreme Court has not articulated a clear rule for standing to challenge the latter type of agency decision making, and the courts of appeals for the various …

The Reauthorization Of The Endangered Species Act: A Hotly Contested Debate, Tanya L. Godfrey

West Virginia Law Review

No abstract provided.

Brief For Appellee: Eighth Annual Pace National Environmental Law Moot Court Competition, Eric Berkley, Ann E. Lane, Charles Vorndran

Pace Environmental Law Review

No abstract provided.

Deterring Irresponsible Use And Disposal Of Toxic Substances: The Case For Legislative Recognition Of Increased Risk Causes Of Action, Tamsen D. Love

Vanderbilt Law Review

Increasing risk does not ordinarily result in tort liability. For instance, every speeding driver increases the risk of a traffic accident.' Tort liability, however, attaches only if the driver actually causes an accident, This means that of two reckless drivers who engage in exactly the same risky behavior, one might face great liability, while the other might escape with no liability at all. The difference between the two cases is in many ways a mere fortuity-whether timing and circumstance conspire to cause a traffic accident in a particular case or not. Many acts of reckless driving go unanswered in tort …

Environmental Reform In An Era Of Political Discontent, Walter R. Burkley

Vanderbilt Law Review

When Congress sought in 1995 to restructure the federal environmental regulatory schemes, it looked like a good fight to pick.' Congress, Republican-controlled for the first time in decades, was armed with an apparent mandate to shrink the federal government. Moreover, Americans were concerned about jobs and the economy. Environmental regulation, so the argument goes, impedes competitiveness, which in turn leads to loss of jobs. In addition, if history is any guide, environmental concerns tend to suffer in times when the economic interest of individuals is the driving political force. Given these dual concerns over the economy and the size of …

Brief For Appellant, Brownfields Redevelopment Associates Of New Union: Eighth Annual Pace National Environmental Law Moot Court Competition, Victor E. Cretella Iii, Dorothy M. Guy, Thy Christine Pham

Pace Environmental Law Review

No abstract provided.

Brief For Appellant And Amicus United States Environment Protection Agency: Eighth Annual Pace National Environmental Law Moot Court Competition, Haylee Albert, Jaime Austrich, David Pearce

Pace Environmental Law Review

No abstract provided.

Rivers As Legal Structures: The Examples Of The Jordan And The Nile, Joseph W. Dellapenna

Natural Resources Journal

No abstract provided.