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Full-Text Articles in Law
Oversight Hearing On The Federal Superfund Program's Activities To Protect Public Health, Rena Steinzor
Oversight Hearing On The Federal Superfund Program's Activities To Protect Public Health, Rena Steinzor
Rena I. Steinzor
No abstract provided.
U.S. Supreme Court Environmental Cases 2008-2009: A Year Like No Other, James R. May
U.S. Supreme Court Environmental Cases 2008-2009: A Year Like No Other, James R. May
James R. May
The author of this article says the last term of the U.S. Supreme Court was in many respects like no other in modern environmental law. During the 2008-2009 term, the Supreme Court ruled on novel and important questions concerning preliminary injunctions under the National Environmental Policy Act; cost-benefit analyses and permitting under the Clean Water Act; arranger and joint and several liability under the Comprehensive Environmental Response, Compensation, and Liability Act; and environmental standing. At no turn, says the author, did the court favor the environment over other interests. He says the court even reached down to reverse decisions in …
Book Review (Reviewing Kenneth P. Murchison, The Snail Darter Case: Tva Versus The Endangered Species Act, 2007), John Dernbach
Book Review (Reviewing Kenneth P. Murchison, The Snail Darter Case: Tva Versus The Endangered Species Act, 2007), John Dernbach
John C. Dernbach
No abstract provided.
Vindicating Fundamental Environmental Rights: Judicial Acceptance Of Constitutionally Entrenched Environmental Rights, James May, Erin Daly
Vindicating Fundamental Environmental Rights: Judicial Acceptance Of Constitutionally Entrenched Environmental Rights, James May, Erin Daly
Erin Daly
This article examines the extent to which constitutionally embedded fundamental environmental rights have met the promise of ensuring a right to an adequate environment. It explains these results and suggests ways to neutralize judicial resistance to these emerging constitutional rights. In Part II we explain the prevalence of constitutionally entrenched rights to a quality environment. In Part III, we provide examples of the extent to which courts have enforced these provisions. In Part IV, we examine institutional and structural factors, conceptual disjunctions, and pragmatic considerations that help to explain judicial receptivity to constitutionally entrenched environmental rights. And in Part V …
Climate Change Law: Mitigation And Adaptation, Richard Hildreth, David Hodas, Nicholas Robinson, James Speth
Climate Change Law: Mitigation And Adaptation, Richard Hildreth, David Hodas, Nicholas Robinson, James Speth
David R. Hodas
No abstract provided.
Agenda For A Sustainable America, John Dernbach
Agenda For A Sustainable America, John Dernbach
John C. Dernbach
No abstract provided.
Not At All: Environmental Sustainability In The Supreme Court, James R. May
Not At All: Environmental Sustainability In The Supreme Court, James R. May
James R. May
The principle of “sustainability” is soon to mark its 40th anniversary. It is a concept that has experienced both evolution and stasis. It has shaken the legal foundation, often engaged, recited, and even revered by policymakers, lawmakers, and academics worldwide. This essay assesses the extent to which sustainability registers on the scales of the United States Supreme Court, particularly during the tenure of Chief Justice John Roberts. None of the environmental cases decided thus far during the tenure of Chief Justice Roberts engage sustainability. The word “sustainability” does not appear to exist before the Court. It does not appear in …
Decentralizing Cap-And-Trade? The Question Of State Stringency, Alice Kaswan
Decentralizing Cap-And-Trade? The Question Of State Stringency, Alice Kaswan
Alice Kaswan
A cap-and-trade program is likely to be a centerpiece of federal climate change legislation. The presence of a national market does not, however, render irrelevant the states’ vital interest in the goals and operation of a national trading program. This Article addresses a first critical question about a state’s role in a federal system: whether federal legislation should allow states to be more stringent than the federal government and to achieve that stringency through controls on stationary sources. This Article reviews the compelling justifications for allowing states to be more stringent. It then assesses particular mechanisms for achieving state stringency …
Vindicating Fundamental Environmental Rights: Judicial Acceptance Of Constitutionally Entrenched Environmental Rights, James R. May, Erin Daly
Vindicating Fundamental Environmental Rights: Judicial Acceptance Of Constitutionally Entrenched Environmental Rights, James R. May, Erin Daly
James R. May
This article examines the extent to which constitutionally embedded fundamental environmental rights have met the promise of ensuring a right to an adequate environment. It explains these results and suggests ways to neutralize judicial resistance to these emerging constitutional rights. In Part II we explain the prevalence of constitutionally entrenched rights to a quality environment. In Part III, we provide examples of the extent to which courts have enforced these provisions. In Part IV, we examine institutional and structural factors, conceptual disjunctions, and pragmatic considerations that help to explain judicial receptivity to constitutionally entrenched environmental rights. And in Part V …
Constitutional Law And The Future Of Natural Resource Protection, James R. May
Constitutional Law And The Future Of Natural Resource Protection, James R. May
James R. May
This is a chapter of a recently published book that examines how constitutional law shapes natural resources law in the United States. Following a brief background, part I identifies and discusses the various constitutional law developments affecting the scope of Congress’s power to regulate the use of natural resources. It focuses primarily on the Commerce Clause (in conjunction with the corresponding case study) and the concomitant extrinsic limits on such authority, including principles of federalism and the Tenth Amendment, as well as the diminished Nondelegation doctrine. Part II does the same for state authority and the dormant Commerce and Supremacy …
The Intersection Of Constitutional Law And Environmental Litigation, James R. May
The Intersection Of Constitutional Law And Environmental Litigation, James R. May
James R. May
The U.S. Constitution propels the majority of environmental litigation. Thirty years ago, constitutional issues seldom arose in environmental law. Nowadays, nearly two in three federal environmental, energy and land use cases are litigated on constitutional grounds. Such cases implicate approximately twenty constitutional principles involving federalism, separation of powers and individual rights. Constitutional issues in environmental litigation are torn from the headlines, from climate change to natural resource extraction. Accordingly, this chapter aims to contextualize constitutional litigation for environmental lawyers in five ways. Part One provides a brief background to environmental litigation in the United States. Part Two addresses how constitutional …