Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Environmental Law (11)
- Environmental law (11)
- Environmental Law--Snail Darter (8)
- Environmental Law--Oil Spills (6)
- Environmental Economics (4)
-
- Law and Society (4)
- Snail darter (3)
- Tellico Dam (3)
- Administrative Law (2)
- Dispersants (2)
- Endangered species (2)
- Environmental policy (2)
- Environmental statutes (2)
- Land Use Planning (2)
- Tennessee (2)
- Tennessee Valley Authority (2)
- Tennessee Valley Authority (TVA) (2)
- 105th Congress (1)
- Alaska’s Exxon Valdez Oil Spill (1)
- Attorneys' fees (1)
- Cause of actions (1)
- Charles C. Mann (1)
- Citizen environmentalism (1)
- Clean Air Act (CAA) (1)
- Clean Water Act (CWA) (1)
- Coal Age (1)
- Coal mining industry (1)
- Coal production (1)
- Constitutional Law: Regulatory Takings Challenges (1)
- Corporate strategy (1)
Articles 1 - 30 of 39
Full-Text Articles in Law
A Glimpse Into The Realpolitik Of Federal Land Planning, In Comparative Context With The Mysterious Nlupa And The Czma, Zygmunt J.B. Plater
A Glimpse Into The Realpolitik Of Federal Land Planning, In Comparative Context With The Mysterious Nlupa And The Czma, Zygmunt J.B. Plater
Zygmunt J.B. Plater
There is an old adage that “those who fail to plan, plan to fail.” Planning is a fundamentally rational, basal process shared at some level and to some degree by all, establishing and implementing frameworks to guide our human actions toward the accomplishment of various desired and defined objectives. Thoughtfully designed and implemented planning is no less rational and essential for governmental entities than it is for corporations and individuals. This essay surveys an interesting comparison between two quite different federal approaches to directive land and resource management planning. On one hand, the analysis reviews the federal mandate for layered, …
Joseph Sax, A Human Kaleidoscope, Zygmunt J.B. Plater
Joseph Sax, A Human Kaleidoscope, Zygmunt J.B. Plater
Zygmunt J.B. Plater
Probably more than any other person most of us will ever have the opportunity of knowing, Joe Sax was kaleidoscopic in the way he projected his mind and lived his life as a scholar, teacher, and citizen seer. Shifting his analytical gaze from challenging context to challenging context, he repeatedly threw rich new patterns of perceptive light, thoughts broad and deep, onto a remarkable range of puzzles. Joe’s ability to think broadly and deeply influenced and reshaped the way that his students, friends, colleagues, and readers understood the intricacies, beauty, and challenges of the world around them. Others in this …
Human-Centered Environmental Values Versus Nature-Centric Environmental Values: Is This The Question?, Zygmunt J.B. Plater
Human-Centered Environmental Values Versus Nature-Centric Environmental Values: Is This The Question?, Zygmunt J.B. Plater
Zygmunt J.B. Plater
The challenging background context for much of the discussion and cogitation in the panels and pages of this conference is the unfortunate fact that environmental protection law in virtually all its manifestations is currently faring rather poorly in the public policy arenas of national government. From the public health hazards of residual substances in consumer goods and human breast milk to the mighty troubles of human-caused climate disruption, many of the most significant structures of societal governance are locked in political and financial dysfunctions and impasses. Given the conference’s goal to “explore more deeply the relationship between environmental protection and …
A Jeffersonian Challenge From Tennessee: The Notorious Case Of The Endangered “Snail Darter” Versus Tva’S Tellico Dam—And Where Was The Fourth Estate, The Press?, Zygmunt J.B. Plater
A Jeffersonian Challenge From Tennessee: The Notorious Case Of The Endangered “Snail Darter” Versus Tva’S Tellico Dam—And Where Was The Fourth Estate, The Press?, Zygmunt J.B. Plater
Zygmunt J.B. Plater
From the introduction: For most if not all public interest issues in contemporary governance debates, there are in effect four branches of government, not three. For better or worse, the modern media constitute the essential public information source playing a determinative role in the intensely political internal processes of modern government at every level. To ignore the fundamental reality of this Fourth Estate 1 is not to fully understand modern civics and is to risk repeated shortfalls for citizen initiatives attempting to advance public welfare. In no other field is this proposition more evident than in the realm of governmental …
Classic Lessons From A Little Fish In A Pork Barrel - Featuring The Notorious Story Of The Endangered Snail Darter And The Tva's Last Dam, Zygmunt J.B. Plater
Classic Lessons From A Little Fish In A Pork Barrel - Featuring The Notorious Story Of The Endangered Snail Darter And The Tva's Last Dam, Zygmunt J.B. Plater
Zygmunt J.B. Plater
Canaries are small, fragile, sensitive creatures weighing no more than 20 grams, about seven-tenths of an ounce. They have become a familiar and significant metaphor, however, due to the important role they played as vivid warning indicators of substantial threats to human welfare. Because canaries are extremely sensitive to the presence of methane and carbon monoxide—deadly but odorless gases that seep from deep coal deposits—miners in England and the U.S. carried canaries in little cages along with them as they worked in underground coal seams. When the canaries began to sway and slump noticeably on their perches, the miners could …
The Exxon Valdez Resurfaces In The Gulf Of Mexico…And The Hazards Of "Megasystem Centripetal Di-Polarity", Zygmunt J.B. Plater
The Exxon Valdez Resurfaces In The Gulf Of Mexico…And The Hazards Of "Megasystem Centripetal Di-Polarity", Zygmunt J.B. Plater
Zygmunt J.B. Plater
The 2010 BP Deepwater Horizon blowout spill in the Gulf of Mexico shocked the nation with the amount of oil and harm it unleashed upon the Gulf and its natural and human ecosystems. As details of the calamity became available, they revealed frustrating parallels to the 1989 Exxon Valdez oil spill in the Gulf of Alaska in terms of causation and impaired response capability. Similar systemic deficits characterized the actions of corporate managers and state and federal regulators in the oil industry of both Gulfs. In a “di-polar” system where industry and government regulators come too close together, responsible overall …
Environmental Law And Three Economies: Navigating A Sprawling Field Of Study, Practice, And Societal Governance In Which Everything Is Connected To Everything Else, Zygmunt J.B. Plater
Environmental Law And Three Economies: Navigating A Sprawling Field Of Study, Practice, And Societal Governance In Which Everything Is Connected To Everything Else, Zygmunt J.B. Plater
Zygmunt J.B. Plater
The vast sprawl of the environmental law field makes it a bemusing and confounding puzzle even to those who pursue it as their primary academic vocation. The amorphous breadth and intricate depths of environmental law present special challenges to anyone who tries to navigate the field. This Article addresses several of these challenges, briefly analyzing how environmental curricula are designed, and then suggests a potentially useful new way to conceptualize the realm of environmental law.
The Embattled Social Utilities Of The Endangered Species Act - A Noah Presumption And Caution Against Putting Gasmasks On The Canaries In The Coalmine, Zygmunt J.B. Plater
The Embattled Social Utilities Of The Endangered Species Act - A Noah Presumption And Caution Against Putting Gasmasks On The Canaries In The Coalmine, Zygmunt J.B. Plater
Zygmunt J.B. Plater
The Endangered Species Act (ESA) is once again poised at the brink of what could become an illuminating national debate. The Act’s congressional reauthorization process is likely to provide the first major indicator of what the 105th Congress will or won’t do to environmental law generally. From the turbulent past and present of the ESA, this essay offers some reminders for the impending battles over the Act.
Keynote Essay: A Modern Political Tribalism In Natural Resources Management, Zygmunt J.B. Plater
Keynote Essay: A Modern Political Tribalism In Natural Resources Management, Zygmunt J.B. Plater
Zygmunt J.B. Plater
The first law of ecology holds that everything is connected to everything else. This conference addresses the challenges and dilemmas of resource management policy on America’s public lands, but it seems useful both for the purposes of the conference and in broader terms to note how resource management is connected to larger questions of global integrity and human governance. This essay explores a troubling fact of modern political life: As the problems of managing the economy and ecology of this nation become ever more complex, subtly-interrelated, pressured and demanding, our processes of legal and political governance might be expected to …
Clear The Air: Lopsided Journalism In Public Policy Debates, Zygmunt J.B. Plater
Clear The Air: Lopsided Journalism In Public Policy Debates, Zygmunt J.B. Plater
Zygmunt J.B. Plater
A point-counterpoint to Professor Plater's article, "Law and the Fourth Estate: Endangered Nature, the Press, and the Dicey Game of Democratic Governance, Environmental Law, 32 (2002): 1-36.
The Right To Counsel Fees In Public Interest Environmental Litigation, Zygmunt J.B. Plater, Joseph H. King Jr
The Right To Counsel Fees In Public Interest Environmental Litigation, Zygmunt J.B. Plater, Joseph H. King Jr
Zygmunt J.B. Plater
No abstract provided.
Dealing With Dumb And Dumber: The Continuing Mission Of Citizen Environmentalism, Zygmunt J.B. Plater
Dealing With Dumb And Dumber: The Continuing Mission Of Citizen Environmentalism, Zygmunt J.B. Plater
Zygmunt J.B. Plater
Surveying the history of citizen environmentalism in the context of environmental law and politics over the past fifty years, this essay hypothesizes five different categories of corporate, governmental, political, and individual actions that deserve to be called “dumb,” and the societal lessons that have been or could be learned from each. If there is truth to the wistful aphorism that “we learn from our mistakes,” then our society is in position to learn a great deal about our world and how it works, which perhaps provides some ground for hope for the years to come. Environmentalism embodies fundamentally rational and …
Environmental Law As A Mirror Of The Future: Civic Values Confronting Market Force Dynamics In A Time Of Counter-Revolution, Zygmunt J.B Plater
Environmental Law As A Mirror Of The Future: Civic Values Confronting Market Force Dynamics In A Time Of Counter-Revolution, Zygmunt J.B Plater
Zygmunt J.B. Plater
No abstract provided.
From The Beginning, A Fundamental Shift Of Paradigms: A Theory And Short History Of Environmental Law, Zygmunt J.B. Plater
From The Beginning, A Fundamental Shift Of Paradigms: A Theory And Short History Of Environmental Law, Zygmunt J.B. Plater
Zygmunt J.B. Plater
No abstract provided.
Environmental Law And Three Economies: Navigating A Sprawling Field Of Study, Practice, And Societal Governance In Which Everything Is Connected To Everything Else, Zygmunt J.B. Plater
Environmental Law And Three Economies: Navigating A Sprawling Field Of Study, Practice, And Societal Governance In Which Everything Is Connected To Everything Else, Zygmunt J.B. Plater
Zygmunt J.B. Plater
From the Author’s Introduction: This Essay addresses four of the challenges facing academics in this field, two of which are logistical and two conceptual. The two logistical challenges briefly addressed here are endemic in teaching environmental law—choosing what to teach and deciding how to teach it. Today some rough generalizations on strategies for curricular coping can be made, emerging from the evolution of environmental law courses at many American law schools over the past twenty-five years. The conceptual challenges may be even more difficult to tackle, and are addressed here at a greater length: first, how to frame and define …
Coal Law From The Old World: A Perspective On Land Use And Environmental Regulation In The Coal Industries Of The United States, Great Britain, And West Germany, Zygmunt J.B. Plater
Coal Law From The Old World: A Perspective On Land Use And Environmental Regulation In The Coal Industries Of The United States, Great Britain, And West Germany, Zygmunt J.B. Plater
Zygmunt J.B. Plater
America’s reentry into the Coal Age has been one of the major consequences of the Mideast oil-producing nations’ discovery of their collective marketing power, and in this new emphasis on coal the United States is not alone. Like the United States, many industrialized nations with domestic coal reserves had allowed their coal industries to languish under the influence of low-priced, petroleum based energy economy and are now hastening to strengthen their coal production. Different nations approach the regulation of their resurgent coal industries in varying ways, however, and these differences can be instructive to American observers, particularly as they relate …
The Exxon Valdez Resurfaces In The Gulf Of Mexico ... And The Hazards Of “Megasystem Centripetal Di-Polarity”, Zygmunt J.B. Plater
The Exxon Valdez Resurfaces In The Gulf Of Mexico ... And The Hazards Of “Megasystem Centripetal Di-Polarity”, Zygmunt J.B. Plater
Zygmunt J.B. Plater
The 2010 BP Deepwater Horizon blowout spill in the Gulf of Mexico shocked the nation with the amount of oil and harm it unleashed upon the Gulf and its natural and human ecosystems. As details of the calamity became available, they revealed frustrating parallels to the 1989 Exxon Valdez oil spill in the Gulf of Alaska in terms of causation and impaired response capability. Similar systemic deficits characterized the actions of corporate managers and state and federal regulators in the oil industry of both Gulfs. In a “di-polar” system where industry and government regulators are supposed to counterbalance one another, …
Endangered Species Act Lessons Over 30 Years, And The Legacy Of The Snail Darter, A Small Fish In A Pork Barrel, Zygmunt J.B. Plater
Endangered Species Act Lessons Over 30 Years, And The Legacy Of The Snail Darter, A Small Fish In A Pork Barrel, Zygmunt J.B. Plater
Zygmunt J.B. Plater
Why is it – amidst the flood of environmental statutes that poured into the law books and national consciousness in the remarkable decade of the 1970s – that the Endangered Species Act of 1973 (ESA) stands out as quite uniquely different? This Essay briefly surveys the ESA’s differentness, its special political context, the citizen suit of great notoriety that fired up the ESA’s political hotseat back in 1975, and what has changed and what has not in the years since that first eco-legal outburst.
The Snail Darter, The Tellico Dam, And Sustainable Democracy — Lessons For The Next President From A Classic Environmental Law Controversy., Zygmunt J.B. Plater
The Snail Darter, The Tellico Dam, And Sustainable Democracy — Lessons For The Next President From A Classic Environmental Law Controversy., Zygmunt J.B. Plater
Zygmunt J.B. Plater
This presentation was the product of an invitation to speak at a symposium for students and faculty from a variety of different non-law departments at the University of Tennessee, where in 1973 I had started what became a six-year legal campaign to divert the Tennessee Valley Authority from impounding the last flowing 33 miles of the Little Tennessee River behind TVA’s Tellico Dam.
Reflected In A River: Agency Accountability And The Tva Tellico Dam Case, Zygmunt J.B. Plater
Reflected In A River: Agency Accountability And The Tva Tellico Dam Case, Zygmunt J.B. Plater
Zygmunt J.B. Plater
Legal history is usually written from one of two time perspectives: as a narrative of events and changing conditions over a span of years or as an extended exploration of one fertile moment in time. In examining the intriguing entity known as the Tennessee Valley Authority (TVA), this article draws upon that chronological history to some extent. To a greater extent, however, it focuses upon revealing moments in the last six years of the long-running battles over completion of the TVA’s Tellico dam, which finally flooded the last remaining stretch of the Little Tennessee River Valley in the spring of …
In The Wake Of The Snail Darter: An Environmental Law Paradigm And Its Consequences, Zygmunt J.B. Plater
In The Wake Of The Snail Darter: An Environmental Law Paradigm And Its Consequences, Zygmunt J.B. Plater
Zygmunt J.B. Plater
Everything is connected to everything else: so goes the first law of ecology. This interconnectedness is reflected in environmental law as well, extending beyond natural science and particular resource conflicts to link environmental law intimately with the politics, philosophies, economics, and societal values that form its much larger context -- an ecology of human and natural systems. The Tellico Dam litigation reflected this interconnectedness. On its face, it was a simple environmental confrontation; it will be remembered as the "extreme" case of the little endangered fish, the snail darter, that almost stopped a Tennessee Valley Authority (TVA) dam. But if …
Law, Media, & Environmental Policy: A Fundamental Linkage In Sustainable Democratic Governance, Zygmunt J.B. Plater
Law, Media, & Environmental Policy: A Fundamental Linkage In Sustainable Democratic Governance, Zygmunt J.B. Plater
Zygmunt J.B. Plater
The functional linkages between law and media have long been signficant in shaping American democratic governance. Over the past thirty-five years, environmental analysis has similarly become essential to shaping international and domestic governmental policy. Environmentalism—focusing as it does on realistic interconnected accounting of the full potential negative consequences as well as benefits of proposed actions, policies, and programs, over the long term as well as the short term, with careful consideration of all realistic alternatives— provides a legal perspective important for societal sustainability. Because environmental values and norms are often in tension with established industrial interests that resist public interest …
Through The Looking Glass Of Eminent Domain: Exploring The “Arbitrary And Capricious” Test And Substantive Rationality Review Of Governmental Decisions, Zygmunt J.B. Plater, William Lund Norine
Through The Looking Glass Of Eminent Domain: Exploring The “Arbitrary And Capricious” Test And Substantive Rationality Review Of Governmental Decisions, Zygmunt J.B. Plater, William Lund Norine
Zygmunt J.B. Plater
No abstract provided.
Learning From Disasters: Twenty-One Years After The Exxon Valdez Oil Spill, Will Reactions To The Deepwater Horizon Blowout Finally Address The Systemic Flaws Revealed In Alaska?, Zygmunt J.B. Plater
Learning From Disasters: Twenty-One Years After The Exxon Valdez Oil Spill, Will Reactions To The Deepwater Horizon Blowout Finally Address The Systemic Flaws Revealed In Alaska?, Zygmunt J.B. Plater
Zygmunt J.B. Plater
Twenty years ago, after the calamitous Exxon Valdez oil spill in Alaska’s Prince William Sound, the pervasive systemic flaws—that according to the Alaska Oil Spill Commission had made a major calamity not just possible but probable—were largely cloaked behind the figure of a captain with a drinking problem. In 2010, after suffering another horrific oil incident—this one almost 20 times! larger than the Exxon Valdez spill—the question for national energy law and policy is whether, this time around, we’ll acknowledge and implement the hard systemic lessons largely avoided two decades ago. The Deepwater Horizon blowout will be a doubly disastrous …
Law And The Fourth Estate: Endangered Nature, The Press, And The Dicey Game Of Democratic Governance, Zygmunt J.B. Plater
Law And The Fourth Estate: Endangered Nature, The Press, And The Dicey Game Of Democratic Governance, Zygmunt J.B. Plater
Zygmunt J.B. Plater
Building upon the story line of a current book project on the Tellico Dam case, this Essay explores a challenging reality of modern public interest lawyering – the critical role of public perceptions and of the Press’s role in shaping them. Most public interest attorneys come to realize that their lawyering must move simultaneously on two different tracks that determine outcomes – law and public opinion. This double task can be difficult and sometimes impossible. Both tracks require the organization and presentation of facts, but the two contexts can be quite different. A legal case requires proof of each technical …
Setting It Straight: A Thirtieth Anniversary Gathering In Memory Of The Little Tennessee River And Its Valley, Zygmunt J.B. Plater
Setting It Straight: A Thirtieth Anniversary Gathering In Memory Of The Little Tennessee River And Its Valley, Zygmunt J.B. Plater
Zygmunt J.B. Plater
No abstract provided.
The Takings Issue In A Natural Setting: Floodlines And The Police Power, Zygmunt J.B. Plater
The Takings Issue In A Natural Setting: Floodlines And The Police Power, Zygmunt J.B. Plater
Zygmunt J.B. Plater
No abstract provided.
Environmental Law In The Political Ecosystem - Coping With The Reality Of Politics, Zygmunt J.B. Plater
Environmental Law In The Political Ecosystem - Coping With The Reality Of Politics, Zygmunt J.B. Plater
Zygmunt J.B. Plater
In this Essay, the proposition the author draws from the narrative of the endangered species litigation is derivatively Aristotelian – that we must consciously, actively, and explicitly integrate an informed consideration of human politics into what we teach and do in environmental law. The proposition is not that we should steep ourselves in party politics, although there are interesting observations aplenty that could be made on the direct consequences that the two major parties (and occassionally their wistful smaller incarnations) have on the evolution of environmental law. The proposition offered here operates at two different levels: practical politics and political …
Facing A Time Of Counter-Revolution: The Kepone Incident And A Review Of First Principles, Zygmunt J.B. Plater
Facing A Time Of Counter-Revolution: The Kepone Incident And A Review Of First Principles, Zygmunt J.B. Plater
Zygmunt J.B. Plater
The Kepone contamination episode of 1966-75 was a milestone that focused an entire nation’s attention on environmental hazards and our need to do better in recognizing and avoiding them. We have learned a great deal from that unfortunate story. The evolution of American environmental law since the Kepone debacle has repeatedly used the incident as a touchstone in identifying environmental pollution’s causes, effects, and potential solutions. This essay offers four propositions, about two things that have changed, and two things that have not, in the years since Kepone, taking account of where we are, and seeking some points of consensus.
The Three Economies: An Essay In Honor Of Joseph Sax, Zygmunt J.B. Plater
The Three Economies: An Essay In Honor Of Joseph Sax, Zygmunt J.B. Plater
Zygmunt J.B. Plater
How does one evaluate the important public values and impacts of things that do not have a market price and then integrate them into the fabric of our system of social governance? That question lies within most or all of Joseph Sax's work over the years. The first part of this article represents an attempt to distill some of Joseph Sax's intellectual dimensions, beyond those already chronicled in the comments of other contributors to this symposium, with some linked themes and observations drawn from Sax beyond his writings. The second part, instigated by several of Sax's articles, presents "The Three …