Law Commons^™

Out Of Focus, John C. Dernbach

John C. Dernbach

No abstract provided.

Environmental Law, Stephen J. Shaw

South Carolina Law Review

No abstract provided.

Adjusting Law To Nature’S Discordant Harmonies, Daniel B. Botkin

Duke Environmental Law & Policy Forum

No abstract provided.

Managing Without A Balance: Environmental Regulation In Light Of Ecological Advances, Timothy H. Profeta

Duke Environmental Law & Policy Forum

No abstract provided.

Environmental Law: Ethics Or Science?, A. Dan Tarlock

Duke Environmental Law & Policy Forum

No abstract provided.

Book Review Of Joel A. Mintz, Enforcement At The Epa: High Stakes And Hard Choices (1995), Michael P. Healy

Law Faculty Scholarly Articles

In this book review, Michael P. Healy discusses Enforcement at the EPA: High Stakes and Hard Choices by Joel A. Mintz.

Turning Back The Clock: The Unfunded Mandates Reform Act Of 1995 And Its Effective Repeal Of Environmental Legislation, Susan E. Leckrone

Indiana Law Journal

No abstract provided.

Is A Textualist Approach To Statutory Interpretation Pro-Environmentalist?: Why Pragmatic Agency Decisionmaking Is Better Than Judicial Literalism, Bradford C. Mank

Washington and Lee Law Review

No abstract provided.

The Illinois Superfund Law Prior To The Brownfields Legislation, James T. Harrington

Northern Illinois University Law Review

This article examines the state of law for landowner liability caused by the release or threat of release of "hazardous substances" in Illinois prior to the enactment of the Brownfields Act. It demonstrates the inadequacies of not only Illinois Superfund law, but federal law's attempts to find landowners liable for environmental cleanup without having reasonable and knowable standards, known procedures, and reasonably predictable results. The article concludes by underscoring the fact that without remedying these inadequacies, viable land will remain undeveloped and unproductive, and will drain community resources.

Lessons In L.U.S.T.: The Complete Story Of Liability For Leaking Underground Storage Tanks, Michael J. Maher, Sheila Horan

Northern Illinois University Law Review

This article analyzes liability of owners and operators of underground storage tanks for tank leakage. Theories of liability include the federal Resource, Conservation and Recovery Act ("RCRA"), breach of contract, negligence, negligence per se, res ipsa loquitor, trespass, nuisance, and strict liability. Liability is analyzed in two factual scenarios: liability of past owners/operators to current owners for contamination of the site from prior operations; and liability of tank owners/operators for contamination that migrates off-site to adjoining properties.

Cleaning Up Superfund, W. Kip Viscusi

Vanderbilt Law School Faculty Publications

The cleanup of hazardous wastes is the number one environmental concern of the American people. The government's response: the Environmental Protection Agency (EPA) launched its Superfund program, which was established by Congress in 1980 and reformed in 1986. But, though not even two decades old, the Superfund effort is now a major target of Congress in its regulatory reform efforts. There are two main sources of dissatisfaction: First, cleanups of hazardous wastes are expensive, averaging $25.7 million per site. Superfund expenditures increased from under $400 million in 1985 to over $1.4 billion in 1995 and continue to be above the …

Paradoxical Perils Of The Precautionary Principle, Frank B. Cross

Washington and Lee Law Review

No abstract provided.

Bottomless Pit: Toxic Trials The American Legal Profession And Popular Perceptions Of The Law , Robert F. Blomquist

Cornell Law Review

No abstract provided.

Our Common Future, American Style (Reviewing President’S Council On Sustainable Development, Sustainable America (1996)), John C. Dernbach

John C. Dernbach

No abstract provided.

Bootstrapping An Environmental Policy From An Economic Covenant: The Teleological Approach Of The European Court Of Justice, Kenneth M. Lord

Cornell International Law Journal

No abstract provided.

Legal Marketing Of Environmental Law, Antonio A. Oposa Jr.

Duke Journal of Comparative & International Law

No abstract provided.

Florida's Troubled Phosphate Companies: Can Bankruptcy Law Be Used To Relieve Their Obligation To Reclaim The Land?, Mary Jane Angelo

UF Law Faculty Publications

The conflict that brings us here arises when the earth is disturbed and the environment in which we live is threatened. . . . On the one hand are the corporations who mine phosphate reserves in Florida—their intentions are based on the argument that an ever-shrinking agrarian base in America must have fertilizer to remain effective and productive. On the other hand are the individuals and groups who oppose that mining and their argument is based upon the contention that such mining is too destructive of a unique and very fragile ecosystem.

By the year 2000, phosphate companies will have …

Future Directions In International Environmental Law: Precaution, Integration And Non-State Actors, James Cameron

Dalhousie Law Journal

In this, the Horace E. Read Memorial Lecture for 1995, James Cameron discusses three developments in international environmental law,-the principles of precaution and of integration and the roles of non-state actors. The precautionary principle calls for regulatory intervention to prevent environmental harm even though the risk of damage remains scientifically uncertain. A wide consensus exists in favour of a precautionary approach to environmental management and state practice is sufficient to assert the principle has attained the status of customary international law, but it remains controversial because it demands changes in practice. The principle of integration takes a holistic approach to …

What Should Be The Leading Principles Of Land Use Planning? A German Perspective, Clifford Larsen

Vanderbilt Journal of Transnational Law

In this Article discussing German land use planning, the author begins by tracing the historical emergence of land use planning in Germany. The author then evaluates the influence of Germany's constitution on the fundamental principles of land use planning. The author reviews German land use planning's historical and constitutional foundations, then examines the goals guiding federal and state planning and the system constructed to achieve these goals. The author proceeds to analyze the challenges presented to German land use planning by reunification, the environment, and European interdependence. In conclusion, the author reviews the relative merits of German land use planning …

Book Review, Lakshman D. Guruswamy

Publications

No abstract provided.

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 …

Regulating The Regulators, W. Kip Viscusi

Vanderbilt Law School Faculty Publications

Since the 1970s, there has been a tremendous growth in government regulation pertaining to risk and the environment. These efforts have emerged quite legitimately because market processes alone cannot fully address risk-related concerns.' Without some kind of regulation or liability, for example, firms lack appropriate incentives to restrict their pollution. Similarly, when products or activities are extremely risky, if people are not cognizant of the risks they face, the firms generating the hazards may not have adequate incentives to issue warnings. To solve these problems, regulatory agencies have mounted a wide variety of efforts to improve the quality of the …

The Supreme Court Goes Dormant When Desperate Times Call For Desperate Measures: Looking To The European Union For A Lesson In Environmental Protection, Erin A. Walter

Fordham Law Review

No abstract provided.

Private Enforcement Of Nafta Environmental Standards Through Transnational Mass Tort Litigation: The Role Of United States Courts In The Age Of Free Trade Symposium - The Environment And The United States-Mexico Border - Comment., Michael Sang H. Cho

St. Mary's Law Journal

Maquiladoras are manufacturing facilities along the United States-Mexico border operated by transnational corporations (TNCs). The arrival of the North American Free Trade Agreement (NAFTA) meant TNCs are free to move capital and operations across the United States-Mexico border at will. Yet, the maquiladora workers are not free to travel or seek employment across the border. The NAFTA debate in the United States raised public awareness of environmental problems in the border region. Nevertheless, maquiladora workers have lived with environmental degradation long before the NAFTA environmental debate began. With the passage of NAFTA, increased trade and the burgeoning industries along the …

Nafta And The Environment: Dealing With Abnormally High Birth Defect Rates Among Children Of Texas-Mexico Border Towns Symposium - The Environment And The United States-Mexico Border - Comment., Kelly L. Reblin

St. Mary's Law Journal

Along the 868-mile Texas-Mexico border thousands of young women live in fear as deadly birth defects with unknown causes threaten the lives of their unborn children. A total of ninety cases of the birth defect anencephaly, meaning the fetus has no brain, were reported in the fourteen Texas border counties between 1986 and 1991. The cause of these birth defects has yet to be determined officially; yet, researchers and residents along the Texas-Mexico border blame poor environmental conditions caused by the maquiladora industry and inadequate sewage facilities. The Texas Department of Health and the Centers for Disease Control investigated the …

Environmental Law: The Clean Water Act--Understanding When A Concentrated Animal Feeding Operation Should Obtain An Npdes Permit, Jeff L. Todd

Oklahoma Law Review

No abstract provided.

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 …

Crossroads For Federal Enforcement Of The Clean Air Act, Joyce M. Martin

Duke Environmental Law & Policy Forum

A major goal of the Clean Air Act 1 (hereinafter CAA or "Act") is to "protect and enhance the quality of the Nation's air resources." 2 The Act uses a two tiered approach to accomplish this goal. First, the Act focuses on the national attainment and maintenance of National Ambient Air Quality Standards (NAAQS) for "criteria" pollutants, 3 and second, the Act also sets specific standards for known hazardous air pollutants (HAPS) 4 . The Act emphasizes throughout its text that air quality problems are national in scope and often cross state boundaries. 5 Congress clearly intended that enforcement of …

Reengineering Rcra: The Command Control Requirements Of The Waste Disposal Paradigm Of Subtitle C And The Act’S Objective Of Fostering Recycling-Rethinking The Definition Of Solid Waste, Again, R. Michael Sweeney

Duke Environmental Law & Policy Forum

INTRODUCTION In 1992, the United States Environmental Protection Agency (EPA) created the Definition of Solid Waste Task Force (Task Force). 1 Specifically, the Task Force was created to eliminate perceived disincentives to recycling, eliminate regulatory loopholes for those recycling practices presenting risks to health and the environment, and clarify the definition of solid waste. 2 In September, 1994, the Task Force published a report titled Reengineering RCRA for Recycling: Definition of Solid Waste Task Force: Report and Recommendations (Reengineering RCRA). 3 This report advocated a new national regulatory system for recycling. 4 Consistent with past practice, the proposed system is …