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Articles 1 - 27 of 27
Full-Text Articles in Law
Environmental And Natural Resources Law Symposium: Assessing The August 2023 Amendments To The Waters Of The United States Rule In The Wake Of Sackett V. Epa, Ryan Day
Maurer Law Events
In 1982, the Army Corps of Engineers adopted the EPA definition of “waters of the United States.” This brought an end to a smoldering interagency conflict over the definitions under the Clean Water Act. This relationship was formalized with a 1989 Memorandum of Agreement between the EPA and the Corps; the Corps has largely ceded definitional decision making to the EPA, which develops guidance and supporting materials, while the Corps is responsible for most case-specific jurisdictional determinations under Section 404 of the Clean Water Act. In 2023, the agencies embarked on their latest round of rulemaking. In January, the Biden …
Hidden In Plain Sight: The Dangers Of Environmental Protections Waivers, Olivia Stevens
Hidden In Plain Sight: The Dangers Of Environmental Protections Waivers, Olivia Stevens
Indiana Law Journal
When enacting both statutory and regulatory environmental protections, Congress and various agencies have recognized that emergency situations could arise that would require flexibility in the application and enforcement of those protections. Incorporating waivers into such protections provides that flexibility. However, the current state of waivers leaves them vulnerable to abuse. In this Note, I explore how a lack of procedural and substantive safeguards allows the inappropriate use of waivers to further administrative agendas in a way that poses serious risks to both environmental and human health. I then suggest remedial measures available to Congress that would strengthen environmental protections while …
Water, Water, Anywhere?: Protecting Water Quantity In State Water Quality Standards, Julie F. Youngman
Water, Water, Anywhere?: Protecting Water Quantity In State Water Quality Standards, Julie F. Youngman
Indiana Law Journal
Although much of the earth’s surface is covered with water, less than one percent of water is available for human use. Water is becoming progressively scarcer worldwide, as demand increases and pollution, drought, and climate change jeopardize access to clean water. The United States is no exception to that trend. Effective regulation of water supplies can blunt the impacts of water scarcity. This Article suggests that states can—and should—regulate instream flows and lake levels in their federally-mandated water quality standards, with an eye toward conserving scarce water resources. Regulating water quantity as an element of water quality is not only …
States Rise To The Front Of Climate Legislation, But Can A State-Level Carbon Tax Work?, Katelyn Nicasio
States Rise To The Front Of Climate Legislation, But Can A State-Level Carbon Tax Work?, Katelyn Nicasio
Indiana Law Journal
This Note uses two recent Massachusetts carbon tax proposals to discuss the costs and benefits of such state-level climate change legislation but discusses similar regional proposals as well. Although a state carbon tax poses some limitations and concern for the increased tax burden relative to other states that have not imposed a tax, the adoption of state carbon taxes represents an important advancement in climate policy. Part I overviews legislative tactics used to combat climate change thus far, including common policy responses, and the current attitude of federal legislators toward the global climate crisis. Part II introduces the advantages and …
Using Competition-Based Regulation To Bridge The Toxics Data Gap, Wendy Wagner
Using Competition-Based Regulation To Bridge The Toxics Data Gap, Wendy Wagner
Indiana Law Journal
Symposium: Missing Information: The Scientific Data Gap in Conservation and Chemical Regulation, held on March 24, 2006 at Indiana University School of Law- Bloomington.
Trail Smelter Déjà Vu: Extraterritoriality, International Environmental Law And The Search For Solutions To Canadian-U.S. Transboundary Water Pollution Disputes, Austen L. Parrish
Trail Smelter Déjà Vu: Extraterritoriality, International Environmental Law And The Search For Solutions To Canadian-U.S. Transboundary Water Pollution Disputes, Austen L. Parrish
Articles by Maurer Faculty
In the 1930s, a privately owned smelting plant in Trail, Canada was the focus of the most famous case in international environmental law: the Trail Smelter Arbitration. But the subject of that landmark case has not gone away. Over the last seventy years, the Trail smelter dumped millions of tons of mercury, arsenic, and toxic waste into the Columbia River. The dumping's effects have been felt in neighboring Washington State, where the toxic discharges have caused environmental harm. In 2003, the EPA began investigating the Washington border area for designation as a Superfund (CERCLA) site, and controversially demanded that the …
Reactions To Epa's Interim Guidance: The Growing Battle For Control Over Environmental Justice Decisionmaking, June M. Lyle
Reactions To Epa's Interim Guidance: The Growing Battle For Control Over Environmental Justice Decisionmaking, June M. Lyle
Indiana Law Journal
No abstract provided.
Beyond The Usual Suspects: The Use Of Citizens Advisory Boards In Environmental Decisionmaking, John S. Applegate
Beyond The Usual Suspects: The Use Of Citizens Advisory Boards In Environmental Decisionmaking, John S. Applegate
Indiana Law Journal
No abstract provided.
Still No Remedy After All These Years: Plugging The Hole In The Law Of Leaking Underground Storage Tanks, Jason M. Basile
Still No Remedy After All These Years: Plugging The Hole In The Law Of Leaking Underground Storage Tanks, Jason M. Basile
Indiana Law Journal
No abstract provided.
Short Changing Short-Term Risk: A Study Of Superfund Remedy Selection, John S. Applegate, Steven M. Wesloh
Short Changing Short-Term Risk: A Study Of Superfund Remedy Selection, John S. Applegate, Steven M. Wesloh
Articles by Maurer Faculty
Unlike most environmental statutes, CERCLA requires a lengthy period of labor-intensive activity to achieve its clean-up goals. This aspect of the Superfund program does not receive sufficient attention in policy and legal analyses of CERCLA, nor during site-specific remedy selection decision-making. The risks of the remediation period-to workers, to site neighbors, and to the natural environment-are substantial, as this Article illustrates. However, the confusing and sometimes dismissive treatment of remediation risk in the EPA 's detailed guidance for Superfund decision-makers invites the neglect of the short-term effectiveness criterion in the remedy selection process. A study of remedy selection documents in …
Unreviewable Discretionary Justice: The New Extreme Hardship In Cancellation Of Deportation Cases, William C.B. Underwood
Unreviewable Discretionary Justice: The New Extreme Hardship In Cancellation Of Deportation Cases, William C.B. Underwood
Indiana Law Journal
No abstract provided.
Strict Criminal Liability For Environmental Violations: A Need For Judicial Restraint, Kepten D. Carmichael
Strict Criminal Liability For Environmental Violations: A Need For Judicial Restraint, Kepten D. Carmichael
Indiana Law Journal
No abstract provided.
Jurisdiction To Review Agency Inaction Under Federal Environmental Law, Daniel P. Selmi
Jurisdiction To Review Agency Inaction Under Federal Environmental Law, Daniel P. Selmi
Indiana Law Journal
No abstract provided.
Too Much Waste: A Proposal For Change In The Government's Effort To Clean Up The Nation, Ian G. John
Too Much Waste: A Proposal For Change In The Government's Effort To Clean Up The Nation, Ian G. John
Indiana Law Journal
No abstract provided.
A Beginning And Not An End In Itself: The Role Of Risk Assessment In Environmental Decision-Making, John S. Applegate
A Beginning And Not An End In Itself: The Role Of Risk Assessment In Environmental Decision-Making, John S. Applegate
Articles by Maurer Faculty
No abstract provided.
How To Save The National Priorities List From The D.C. Circuit -- And Itself, John S. Applegate
How To Save The National Priorities List From The D.C. Circuit -- And Itself, John S. Applegate
Articles by Maurer Faculty
No abstract provided.
Environmental Impediments To Bankruptcy Reorganizations, James K. Mcbain
Environmental Impediments To Bankruptcy Reorganizations, James K. Mcbain
Indiana Law Journal
No abstract provided.
The Applicability Of Civil Rico To Toxic Waste Polluters, David R. Mcavoy
The Applicability Of Civil Rico To Toxic Waste Polluters, David R. Mcavoy
Indiana Law Journal
No abstract provided.
Compensating Manufacturers Submitting Health And Safety Data To Support Product Registrations After Ruckelshaus V. Monsanto, Eric E. Boyd
Compensating Manufacturers Submitting Health And Safety Data To Support Product Registrations After Ruckelshaus V. Monsanto, Eric E. Boyd
Indiana Law Journal
No abstract provided.
Toxic Victim Compensation, A. James Barnes
Toxic Victim Compensation, A. James Barnes
Articles by Maurer Faculty
No abstract provided.
Epa Inspections By Private Consultants And Trade Secret Confidentiality, Sharon L. Groeger
Epa Inspections By Private Consultants And Trade Secret Confidentiality, Sharon L. Groeger
Indiana Law Journal
No abstract provided.
Primary Enforcement Responsibility For Pesticide Use Violations Under The Federal Pesticide Act Of 1978, Richard B. Schoembohm
Primary Enforcement Responsibility For Pesticide Use Violations Under The Federal Pesticide Act Of 1978, Richard B. Schoembohm
Indiana Law Journal
No abstract provided.
Pesticide Regulation And The Farm Worker, R. Craig Loveless
Pesticide Regulation And The Farm Worker, R. Craig Loveless
IUSTITIA
It has long been recognized that many pesticide products offer a potential hazard, which if unregulated, may result in injury or death. The development of highly toxic pesticides during the last decade has created a need for stricter regulation of pesticide use in the agricultural community. Specifically, the farm worker of today is in need of legislative protection from exposure to deadly chemical agents now being used to control pests and disease in the fields and orchards. Regulating the handling and use of these dangerous pesticides is but one way to protect the farmer, the farm worker, and the environment. …
The Citizen And The Environmental Regulatory Process, William D. Ruckelshaus
The Citizen And The Environmental Regulatory Process, William D. Ruckelshaus
Indiana Law Journal
Symposium: Administrative Law and the Environment: National Fuels Policy
A National Policy For Energy, Lynton K. Caldwell
A National Policy For Energy, Lynton K. Caldwell
Indiana Law Journal
Administrative Law and the Environment: National Fuels Policy, Symposium
Strip Mining Of Coal: A Federal Response To State Legislation, Richard E. Fox
Strip Mining Of Coal: A Federal Response To State Legislation, Richard E. Fox
Indiana Law Journal
No abstract provided.
Air-Pollution And Its Control, By Dr. Wayne T. Sproull, David O. Tittle
Air-Pollution And Its Control, By Dr. Wayne T. Sproull, David O. Tittle
Indiana Law Journal
No abstract provided.