Law Commons^™

Debunking The "Divine Conception" Myth: Environmental Law Before Nepa, Michael C. Blumm

Michael Blumm

This is a review of Karl Brooks' book, "Before Earth Day: The Origins of American Environmental Law, 1945-70." Brooks challenges the standard account given in most America law school classes that has environmental law bursting onto the legal scene in the "environmental decade" of the 1970's. Like the "miracle in Philadelphia" in the summer of 1787, this "divine conception" theory of the genesis of environmental law is a myth, as Brooks ably demonstrates. He discusses the struggle to pass environmental statutes in the late 1940's like the Fish and Wildlife Coordination Act, as well as successful block developments like Idaho …

The Evolution And Anatomy Of Recent Climate Change Bills In The U.S. Senate: Critque Ad Recommendations, Kenneth R. Richards

Kenneth R. Richards

The United States' current financial conditions notwithstanding, climate change remains at the forefront of our national policy agenda. Congress has already considered comprehensive climate legislation in the recent past; during the 110th Congress, three climate change bills were considered in the U.S. Senate: the Bingaman-Specter bill (S. 1766), the Lieberman-Warner bill (S. 2191), and the Manager's Amendment to the Lieberman-Warner bill (S. 3036). In the midst of partisan disagreements and the urgency of the U.S. economic crisis, the Senate was unable to pass a climate change bill during the 110th Congress.

This analysis compares the three bills to derive insights …

Probabilities, Planning Failures, And Environmental Law, David R. Owen

David R Owen

Environmental laws often mandate specific environmental outcomes and require agencies to adopt plans designed to achieve those outcomes. But because of pervasive uncertainties, agencies are often unsure whether their plans will succeed. That uncertainty creates important dilemmas; decision-makers must decide how to balance risks of plan failure against the costs of possible over-regulation. This article explores and evaluates legal responses to those dilemmas. I find that planning uncertainties recur throughout existing environmental laws and will likely have important consequences for legal responses to climate change. I also find that environmental statutes and regulations use a patchwork of measures to manage …

Symposium Introduction: Contemporary Issues At The Intersection Of Public Health And Environmental Law, Patricia Ross Mccubbin

Patricia Ross McCubbin

This article serves as an introduction to the forthcoming symposium in the Southern Illinois University Law Journal, which presents the proceedings of a conference held at the SIU School of Law on February 27, 2009, on “Contemporary Issues at the Intersection of Public Health and Environmental Law.”

Epa's Endangerment Finding For Greenhouse Gases And The Potential Duty To Adopt National Ambient Air Quality Standards To Address Global Climate Change, Patricia Ross Mccubbin

Patricia Ross McCubbin

The U.S. Environmental Protection Agency (EPA or the Agency) recently announced its intention to make a finding under the Clean Air Act that greenhouse gases from new cars and light trucks endanger the public health and welfare by contributing to global climate change. That proposed endangerment finding and the vehicle emission standards that will follow are highly controversial, with industry representatives vigorously challenging EPA’s scientific conclusions. Of even greater controversy, however, is the possibility that issuance of the final endangerment finding will obligate EPA and the states to regulate greenhouse gases from nearly every sector of the economy with “national …