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Articles 1 - 23 of 23

Full-Text Articles in Law

Environmental Law, Stephen J. Shaw Oct 1996

Environmental Law, Stephen J. Shaw

South Carolina Law Review

No abstract provided.


Turning Back The Clock: The Unfunded Mandates Reform Act Of 1995 And Its Effective Repeal Of Environmental Legislation, Susan E. Leckrone Oct 1996

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.


Managing Without A Balance: Environmental Regulation In Light Of Ecological Advances, Timothy H. Profeta Oct 1996

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 Oct 1996

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

Duke Environmental Law & Policy Forum

No abstract provided.


Adjusting Law To Nature’S Discordant Harmonies, Daniel B. Botkin Oct 1996

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

Duke Environmental Law & Policy Forum

No abstract provided.


Is A Textualist Approach To Statutory Interpretation Pro-Environmentalist?: Why Pragmatic Agency Decisionmaking Is Better Than Judicial Literalism, Bradford C. Mank Sep 1996

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 Jul 1996

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 Jul 1996

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.


Paradoxical Perils Of The Precautionary Principle, Frank B. Cross Jun 1996

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 May 1996

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

Cornell Law Review

No abstract provided.


Bootstrapping An Environmental Policy From An Economic Covenant: The Teleological Approach Of The European Court Of Justice, Kenneth M. Lord Apr 1996

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. Apr 1996

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

Duke Journal of Comparative & International Law

No abstract provided.


Future Directions In International Environmental Law: Precaution, Integration And Non-State Actors, James Cameron Apr 1996

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 Jan 1996

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 …


Jurisdiction To Review Agency Inaction Under Federal Environmental Law, Daniel P. Selmi Jan 1996

Jurisdiction To Review Agency Inaction Under Federal Environmental Law, Daniel P. Selmi

Indiana Law Journal

No abstract provided.


Where The Twain Shall Meet: Standing And Remedy In Alaska Center For The Environment V. Browner, Carl E. Bruch Jan 1996

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 …


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 Jan 1996

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.


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 Jan 1996

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 …


Crossroads For Federal Enforcement Of The Clean Air Act, Joyce M. Martin Jan 1996

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 …


Halting Neotropical Deforestation: Do The Forest Principles Have What It Takes?, Matthew B. Royer Jan 1996

Halting Neotropical Deforestation: Do The Forest Principles Have What It Takes?, Matthew B. Royer

Duke Environmental Law & Policy Forum

INTRODUCTION I crashed into the thick secondary growth, stopping suddenly to duck a certain branch in my path: a fat black bullet ant crawled along it with indifference, an attitude that would have quickly changed had I brushed up against him. I headed toward the large patch of Heliconia just to the right. We had earlier mapped out the clump, and finding it to contain seventeen flower clusters, it was one of the prize patches in the study plot. I took my spot ten paces from the outer clusters, started my stop watch, and waited with field book in hand. …


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 Jan 1996

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 Jan 1996

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 Jan 1996

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.