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2000

Environmental Law

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Articles 1 - 16 of 16

Full-Text Articles in Law

Suburban Sprawl: Not Just An Environmental Issue, Michael E Lewyn Dec 2000

Suburban Sprawl: Not Just An Environmental Issue, Michael E Lewyn

Michael E Lewyn

Explains why conservatives should be concerned about suburban sprawl, and how market-oriented solutions can mitigate sprawl.


Section 8: The Environment, Institute Of Bill Of Rights Law At The William & Mary Law School Sep 2000

Section 8: The Environment, Institute Of Bill Of Rights Law At The William & Mary Law School

Supreme Court Preview

No abstract provided.


Nature's Statesman: The Enduring Environmental Law Legacy Of Edmond S. Muskie Of Maine, Robert F. Blomquist Apr 2000

Nature's Statesman: The Enduring Environmental Law Legacy Of Edmond S. Muskie Of Maine, Robert F. Blomquist

William & Mary Environmental Law and Policy Review

No abstract provided.


Has The Citizen Suit Provision Of The Clean Water Act Exceeded Its Supplemental Birth?, Jonathan S. Campbell Apr 2000

Has The Citizen Suit Provision Of The Clean Water Act Exceeded Its Supplemental Birth?, Jonathan S. Campbell

William & Mary Environmental Law and Policy Review

No abstract provided.


Fourth Circuit Summary, Editors Of The William & Mary Environmental Law And Policy Review Apr 2000

Fourth Circuit Summary, Editors Of The William & Mary Environmental Law And Policy Review

William & Mary Environmental Law and Policy Review

The Fourth Circuit Summary, published at least once each year, provides synopses of important recent environmental decisions affecting the Fourth Circuit. Included are decisions by the United States Court of Appeals for the Fourth Circuit, as well as decisions from other jurisdictions that affect the Fourth Circuit. It does not cover every environmental decision affecting the Fourth Circuit, but only those cases that the editors believe to be of the most interest to subscribers.


Reconnecting Property Rights To Watersheds, A. Dan Tarlock Mar 2000

Reconnecting Property Rights To Watersheds, A. Dan Tarlock

All Faculty Scholarship

No abstract provided.


Reconnecting Property Rights To Watersheds, A. Dan Tarlock Feb 2000

Reconnecting Property Rights To Watersheds, A. Dan Tarlock

Dan Tarlock

No abstract provided.


The Snail Darter, The Tellico Dam, And Sustainable Democracy — Lessons For The Next President From A Classic Environmental Law Controversy., Zygmunt J.B. Plater Feb 2000

The Snail Darter, The Tellico Dam, And Sustainable Democracy — Lessons For The Next President From A Classic Environmental Law Controversy., Zygmunt J.B. Plater

Boston College Law School Lectures and Presentations

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.


The Evolution Of The Public Trust Doctrine And The Degradation Of Trust Re- Sources: Courts, Trustees And Political Power In Wisconsin, Melissa K. Scanlan Jan 2000

The Evolution Of The Public Trust Doctrine And The Degradation Of Trust Re- Sources: Courts, Trustees And Political Power In Wisconsin, Melissa K. Scanlan

Melissa K. Scanlan

The public trust doctrine is rooted in ancient Roman law and the Wisconsin Constitution. Ancient Roman jurists be- lieved that the natural law concept that the waters are common to all was not subject to the changing whims of legis- latures. Similarly, modern theorists assert that a constitutionally-based doctrine will be more insulated from politics. This Comment demonstrates the limits of these theories. The trust doctrine is not immutable. Based on interviews with the trustees of Wisconsin's water resources, this Comment uncovers the constraints on the trustees. It shows that trust resources are at risk due to politically-motivated decisions ...


Moving The Climate Change Debate From Models To Proposed Legislation: Lessons From State Experience, John C. Dernbach Jan 2000

Moving The Climate Change Debate From Models To Proposed Legislation: Lessons From State Experience, John C. Dernbach

John C. Dernbach

This Article assesses the relationship between state climate change mitigation measures and potential national climate change legislation. It describes and evaluates eleven different legal and policy tools being employed by states. These are: customer choice of electricity providers, environmental labeling requirements for electricity sources, building codes requiring energy efficiency, demand-side management, system benefit charges, cap-and-trade programs, tax credits, net metering, planning and siting preferences for renewable energy facilities, CO2 limits for new power plants, and renewable energy portfolio standards. Two broad conclusions emerge from this analysis. First, these tools have considerable potential to reduce greenhouse gas emissions. They achieve reductions ...


Nepa, Ecosystem Management And Environmental Accounting, David R. Hodas Jan 2000

Nepa, Ecosystem Management And Environmental Accounting, David R. Hodas

David R. Hodas

No abstract provided.


The Standing Of Citizens To Enforce Against Violations Of Environmental Statutes In The United States, Jeffrey G. Miller Jan 2000

The Standing Of Citizens To Enforce Against Violations Of Environmental Statutes In The United States, Jeffrey G. Miller

Pace Law Faculty Publications

Judicial actions by private citizens have played a critical role in the development and enforcement of federal environmental law in the United States over several decades. The courts' general receptivity to the standing of private environmental plaintiffs has made that role possible. A troika of Supreme Court decisions on standing in environmental cases authored by Scalia J over the last decade had eroded that general receptivity, casting doubt on the continued vitality of private actions in developing and implementing environmental law. The Court's recent decision in Friends of the Earth Inc v Laidlaw Environmental Services halts this erosion. To ...


Global Climate Change Kyoto Protocol Implementation: Legal Frameworks For Implementing Clean Energy Solutions, Richard L. Ottinger Jan 2000

Global Climate Change Kyoto Protocol Implementation: Legal Frameworks For Implementing Clean Energy Solutions, Richard L. Ottinger

Pace Law Faculty Publications

This paper describes the measures that have been and can be taken and the legal mechanisms by which successes have been achieved in reducing greenhouse gases. Examples are given of success stories from around the world, but these examples are just demonstrative. Many hundreds of programs have been pursued successfully around the world in both industrial and developing countries. What does emerge, however, is clear evidence that global warming can be effectively addressed and that many significant steps have been taken profitably in both the public and private sectors, offering significant business, export and job opportunities, and that much can ...


Toward A Greener Gatt: Environmental Trade Measures And The Shrimp-Turtle Case, Howard F. Chang Jan 2000

Toward A Greener Gatt: Environmental Trade Measures And The Shrimp-Turtle Case, Howard F. Chang

Faculty Scholarship at Penn Law

No abstract provided.


Incentives To Settle Under Joint And Several Liability: An Empirical Analysis Of Superfund Litigation, Howard F. Chang, Hilary Sigman Jan 2000

Incentives To Settle Under Joint And Several Liability: An Empirical Analysis Of Superfund Litigation, Howard F. Chang, Hilary Sigman

Faculty Scholarship at Penn Law

Congress may soon restrict joint and several liability for cleanup of contaminated sites under Superfund. We explore whether this change would discourage settlements and is therefore likely to increase the program 's already high litigation costs per site. Recent theoretical research by Kornhauser and Revesz finds that joint and several liability may either encourage or discourage settlement, depending on the correlation of outcomes at trial across defendants. We extend their two-defendant model to a richer framework with N defendants. This extension allows us to test the theoretical model empirically using data on Superfund litigation. We find that joint and several ...


Standing And Climate Change: Can Anyone Complain About The Weather?, David R. Hodas Dec 1999

Standing And Climate Change: Can Anyone Complain About The Weather?, David R. Hodas

David R. Hodas

No abstract provided.