Law Commons^™

Cooperative Implementation Of Federal Regulations, Douglas C. Michael

Law Faculty Scholarly Articles

Professor Michael examines regulatory programs in which the federal government leaves many compliance decisions up to the regulated entities themselves. Drawing on prior research and theory in the area, he concludes that such "cooperative implementation" is feasible if three principles are observed: (1) regulatory standards are written to leave discretion in methods of compliance and that discretion is within the competence of the regulated entities; (2) there are economic incentives to offset the additional costs to these entities; and (3) the entities self-report their own compliance, the agency closely monitors the program, and the agency maintains a residual program of …

Introduction (Volume 69)

International Law Studies

No abstract provided.

Table Of Contents (Volume 69)

International Law Studies

No abstract provided.

Framing The Issues, Carlson M. Legrand

International Law Studies

No abstract provided.

Panel Discussion: The Existing Legal Framework, Part I

International Law Studies

No abstract provided.

Dioxin: Reassessing The Risk, Linda-Jo Schierow

RISK: Health, Safety & Environment (1990-2002)

Dr. Schierow briefly summarizes the status of a draft Environmental Protection Agency report reassessing the appropriate treatment of dioxin and describes ongoing intra- and extramural reviews of the reassessment.

Where The Twain Shall Meet: Standing And Remedy In Alaska Center For The Environment V. Browner, Carl E. Bruch

Duke Environmental Law & Policy Forum

In 1994, the Ninth Circuit affirmed standing for citizens to sue to compel the EPA Administrator to undertake a statewide TMDL program. Although the citizens had standing for only some of the water-quality-limited waters in Alaska, the court held that the underlying cause of action was the EPA's failure to initiate the TMDL process for Alaska. This Note proposes that the court improperly reasoned its way to the correct holding. Like the EPA, the court confused standing to sue with the ultimate scope of the remedy. This Note proposes a three-step analysis to consider issues of standing and remedy. The …

Trade And Environment: How Should Wto Panels Review Environmental Regulations Under Gatt Articles Iii And Xx, Kazumochi Kometani

Northwestern Journal of International Law & Business

The article discusses a GATT/WTO panel report that the author disagrees with and it lays out the proposals that he would implement to modify the report.

The Effectiveness And Fairness Of Superfund's Judicial Review Preclusion Provision, Michael P. Healy

Law Faculty Scholarly Articles

This article examines the effectiveness and fairness of section 113(h) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund). That broadly-worded provision forecloses judicial review of Superfund cleanups prior to enforcement or cleanup completion by requiring that any review action fall within several narrowly-defined exceptions.

After providing an overview of the statute, its enforcement mechanisms, and a context for considering section 113(h), the article summarizes how courts have applied CERCLA's timing of review provision, focusing principally on recent interpretations of the provision. Finally, the article evaluates the effectiveness and fairness of CERCLA review preclusion and concludes by …

The Missing Chinese Environmental Law Statutory Interpretation Cases, John C. Nagle

Journal Articles

Environmental law and theories of statutory interpretation have developed side by side in the United States during the past twenty-five years. Many of the leading environmental law cases are also statutory interpretation cases. China is different. China has enacted many environmental statutes, often patterned after foreign laws such as those in the United States, but there are no Chinese environmental law statutory interpretation cases.

This article examines why there are no such cases, and what we may learn from that fact. I am indebted to the work of Professor Stewart, whose engaging article in this symposium issue combines three of …

Structures Of Environmental Criminal Enforcement, Michael Herz

Faculty Articles

No abstract provided.

Reverence For Life And Environmental Ethics In Biblical Law And Covenant, Richard H. Hiers

UF Law Faculty Publications

This article undertakes to examine the covenants and biblical laws concerning human relations with the earth and the various life forms whose habitat it provides. Of course biblical texts do not all speak with a common voice. These texts include differing, and even conflicting perspectives and understandings. However, biblical law and covenant show much greater concern for the well-being of “the environment” and all living things than either proponents or critics of Judaism and Christianity generally have recognized. Many other biblical texts also are relevant to the subject of this article; some of these are noted as background. Because it …