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Selected Works

David N Cassuto

Environmental Law

Articles 1 - 3 of 3

Full-Text Articles in Law

Review Of "Wild Ideas" By David Rothenberg, David N. Cassuto Oct 2012

Review Of "Wild Ideas" By David Rothenberg, David N. Cassuto

David N Cassuto

No abstract provided.


The Law Of Words: Standing, Environment, And Other Contested Terms, David Cassuto Oct 2012

The Law Of Words: Standing, Environment, And Other Contested Terms, David Cassuto

David N Cassuto

Friends of the Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc., 528 U.S. 167 (2000), exposes fundamental incoherencies within environmental standing doctrine, even while it ostensibly makes standing easier to prove for plaintiffs in environmental citizen suits. According to Laidlaw, an environmental plaintiff needs only to show personal injury to satisfy Article III's standing requirement; she need not show that the alleged statutory violation actually harms the environment. This Article argues that Laidlaw's distinction between injury to the plaintiff and harm to the environment is nonsensical. Both the majority and dissent in Laidlaw incorrectly assume that there exists an objective …


Nastygram Federalism: A Look At Federal Self-Audit Policy, David N. Cassuto Oct 2012

Nastygram Federalism: A Look At Federal Self-Audit Policy, David N. Cassuto

David N Cassuto

This Article examines the evolution of EPA's audit policy, explores the reasons for states' dissatisfaction with it, and then discusses whether the federal policy should have been issued as a rule under the Administrative Procedure Act (APA). Part I examines the evolution of the federal audit policy and then analyzes the strengths and weaknesses of the policy in its current form. Part II explores various types of evidentiary privilege and looks at the arguments for and against extending the privilege to audit reports. It then offers a similar analysis of the case for limited immunity, concluding that neither an expanded …