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Articles 1 - 24 of 24

Full-Text Articles in Law

What We Have Here Is A Failure To Compensate: The Case For A Federal Damages Remedy In Koontz "Failed Exactions", Christopher M. Kieser Nov 2015

What We Have Here Is A Failure To Compensate: The Case For A Federal Damages Remedy In Koontz "Failed Exactions", Christopher M. Kieser

William & Mary Environmental Law and Policy Review

In Nollan v. California Coastal Commission, 483 U.S. 825 (1987), and Dolan v. City of Tigard, 512 U.S. 374 (1994), the Supreme Court held that an agency could not, consistent with the Takings Clause, condition a permit on a land exaction unless the exaction bears an “essential nexus” and “rough proportionality” to the harms the government seeks to mitigate. Then, in Koontz v. St. Johns Water Management District, 133 S. Ct. 2586 (2013), the Court extended Nollan and Dolan to exactions that were never completed because the property owner refused to acquiesce to the demand. Nevertheless, the Court held that …


Environmental Hedonism Or, Securing The Environment Through The Common Law, George P. Smith Ii, David M. Steenburg Nov 2015

Environmental Hedonism Or, Securing The Environment Through The Common Law, George P. Smith Ii, David M. Steenburg

William & Mary Environmental Law and Policy Review

No abstract provided.


Oil, Fire, Smoke And Mirrors: The Gulf Coast Claims Facility And Its Dangerous Precedent, Nicholas Guidi May 2015

Oil, Fire, Smoke And Mirrors: The Gulf Coast Claims Facility And Its Dangerous Precedent, Nicholas Guidi

William & Mary Environmental Law and Policy Review

No abstract provided.


Compensating Nuclear Damage: A Comparative Economic Analysis Of The U.S. And International Liability Schemes, Michael G. Faure, Tom Vanden Borre Oct 2008

Compensating Nuclear Damage: A Comparative Economic Analysis Of The U.S. And International Liability Schemes, Michael G. Faure, Tom Vanden Borre

William & Mary Environmental Law and Policy Review

No abstract provided.


The Brownfields Act: Providing Relief For The Innocent Or New Hurdles To Avoid Cercla Liability?, Spencer M. Wiegard Oct 2003

The Brownfields Act: Providing Relief For The Innocent Or New Hurdles To Avoid Cercla Liability?, Spencer M. Wiegard

William & Mary Environmental Law and Policy Review

No abstract provided.


No-Fault Remediation Of Mtbe, Daniel Velez Dec 2001

No-Fault Remediation Of Mtbe, Daniel Velez

William & Mary Environmental Law and Policy Review

No abstract provided.


Will Big Tobacco Seek Bankruptcy Protection? A $145 Billion Verdict Poses The Question, Mark Gottlieb, Richard A. Daynard Dec 2001

Will Big Tobacco Seek Bankruptcy Protection? A $145 Billion Verdict Poses The Question, Mark Gottlieb, Richard A. Daynard

William & Mary Environmental Law and Policy Review

No abstract provided.


Lawyers' Ethics And Fiduciary Obligation In The Brave New World Of Aggregative Litigation, Lester Brickman Dec 2001

Lawyers' Ethics And Fiduciary Obligation In The Brave New World Of Aggregative Litigation, Lester Brickman

William & Mary Environmental Law and Policy Review

No abstract provided.


Lessons Learned From Flint, Michigan: Managing Multiple Source Pollution In Urban Communities, Emily L. Dawson Dec 2001

Lessons Learned From Flint, Michigan: Managing Multiple Source Pollution In Urban Communities, Emily L. Dawson

William & Mary Environmental Law and Policy Review

No abstract provided.


Proposal For Linking Culpability And Causation To Ensure Corporate Accountability For Toxic Risks, Thomas O. Mcgarity Oct 2001

Proposal For Linking Culpability And Causation To Ensure Corporate Accountability For Toxic Risks, Thomas O. Mcgarity

William & Mary Environmental Law and Policy Review

No abstract provided.


Introduction: Symposium 2001: Toxic Torts: Issues Of Mass Litigation, Case Management, And Ethics, Erin O'Callaghan, Anne C. Dowling Oct 2001

Introduction: Symposium 2001: Toxic Torts: Issues Of Mass Litigation, Case Management, And Ethics, Erin O'Callaghan, Anne C. Dowling

William & Mary Environmental Law and Policy Review

No abstract provided.


Forum Allocation In Toxic Tort Cases: Lessons From The Tobacco Litigation And Other Recent Developements, Mark C. Weber Oct 2001

Forum Allocation In Toxic Tort Cases: Lessons From The Tobacco Litigation And Other Recent Developements, Mark C. Weber

William & Mary Environmental Law and Policy Review

No abstract provided.


Tortious Toxics, Lisa Heinzerling, Cameron Powers Hoffman Oct 2001

Tortious Toxics, Lisa Heinzerling, Cameron Powers Hoffman

William & Mary Environmental Law and Policy Review

No abstract provided.


The End Of The Defendant Advantage In Tobacco Litigation, Howard M. Erichson Oct 2001

The End Of The Defendant Advantage In Tobacco Litigation, Howard M. Erichson

William & Mary Environmental Law and Policy Review

No abstract provided.


Brownfields Of Dreams In The Old Dominion: Redeveloping Brownfields In Virginia, Philip Carter Strother Apr 2000

Brownfields Of Dreams In The Old Dominion: Redeveloping Brownfields In Virginia, Philip Carter Strother

William & Mary Environmental Law and Policy Review

No abstract provided.


The Commerce Clause, Federalism And Environmentalism: At Odds After Olin?, Lydia B. Hoover Jun 1997

The Commerce Clause, Federalism And Environmentalism: At Odds After Olin?, Lydia B. Hoover

William & Mary Environmental Law and Policy Review

No abstract provided.


Battery And Beyond: A Tort Law Response To Environmental Racism, Kathy Seward Northern Jun 1997

Battery And Beyond: A Tort Law Response To Environmental Racism, Kathy Seward Northern

William & Mary Environmental Law and Policy Review

No abstract provided.


"Shovels First And Lawyers Later": A Collision Course For Cercla Cleanups And Environmental Tort Claims, Gregory M. Romano Apr 1997

"Shovels First And Lawyers Later": A Collision Course For Cercla Cleanups And Environmental Tort Claims, Gregory M. Romano

William & Mary Environmental Law and Policy Review

No abstract provided.


Expediting Productive Reuse Of Superfund Sites: Some Legislative Solutions For Virginia And The Nation, Scott C. Whitney Mar 1996

Expediting Productive Reuse Of Superfund Sites: Some Legislative Solutions For Virginia And The Nation, Scott C. Whitney

William & Mary Environmental Law and Policy Review

No abstract provided.


Only "Innocent" Parties Need Apply: The Death Of Private Party Cost Recovery Actions Under Superfund?, Mark A. Stach Oct 1995

Only "Innocent" Parties Need Apply: The Death Of Private Party Cost Recovery Actions Under Superfund?, Mark A. Stach

William & Mary Environmental Law and Policy Review

No abstract provided.


"For Our Own Good:" Federal Preemption Of State Tort Law - Risk, Regulation, And The Goals Of Environmental Protection, John Robertson Oct 1995

"For Our Own Good:" Federal Preemption Of State Tort Law - Risk, Regulation, And The Goals Of Environmental Protection, John Robertson

William & Mary Environmental Law and Policy Review

No abstract provided.


Rohm & Hass Was Right: Recovery Of Government Oversight Costs In Private Party Response Actions, Karyn M. Schmidt Apr 1995

Rohm & Hass Was Right: Recovery Of Government Oversight Costs In Private Party Response Actions, Karyn M. Schmidt

William & Mary Environmental Law and Policy Review

No abstract provided.


The Anticipatory Nuisance Doctrine: One Common Law Theory For Use In Environmental Justice Cases, Serena M. Williams Apr 1995

The Anticipatory Nuisance Doctrine: One Common Law Theory For Use In Environmental Justice Cases, Serena M. Williams

William & Mary Environmental Law and Policy Review

No abstract provided.


The Grin Without The Cat: Claims For Damages From Toxic Exposure Without Present Injury, Bill Charles Wells Apr 1994

The Grin Without The Cat: Claims For Damages From Toxic Exposure Without Present Injury, Bill Charles Wells

William & Mary Environmental Law and Policy Review

No abstract provided.