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Full-Text Articles in Law
Coping With Cafos: How Much Notice Must A Citizen Give - Community Ass'n For Restoration Of The Environment V. Henry Bosma Dairy, Martin A. Miller
Coping With Cafos: How Much Notice Must A Citizen Give - Community Ass'n For Restoration Of The Environment V. Henry Bosma Dairy, Martin A. Miller
Missouri Law Review
In the context of reviewing Community Ass’n for Restoration of the Environment v. Henry Bosma Dairy, this Note focuses on what constitutes sufficient notice and suggests how citizen groups should handle additional violations discovered after suit has been filed. Although the Ninth Circuit had previously taken a fairly strict approach in interpreting notice requirement, Bosma Dairy indicates a shift toward a more forgiving approach by allowing the plaintiff to include certain non-noticed violations in its lawsuit. This urges the continued movement away from a rigid and formalistic approach.
New Opportunities For Native American Tribes To Pursue Environmental And Natural Resource Claims, Allan Kanner, Ryan Casey, Barrett Ristroph
New Opportunities For Native American Tribes To Pursue Environmental And Natural Resource Claims, Allan Kanner, Ryan Casey, Barrett Ristroph
Duke Environmental Law & Policy Forum
No abstract provided.
An Analysis Of The Rights-Based Justification For Federal Intervention In Environmental Regulation, Daveed Gartenstein-Ross
An Analysis Of The Rights-Based Justification For Federal Intervention In Environmental Regulation, Daveed Gartenstein-Ross
Duke Environmental Law & Policy Forum
No abstract provided.
The Allocation Of Civil Liability For Damage To The Marine Environment In The New Canadian Law Of Merchant Shipping, Or The Polluter Pays How Much?, Hugh M. Kindred
The Allocation Of Civil Liability For Damage To The Marine Environment In The New Canadian Law Of Merchant Shipping, Or The Polluter Pays How Much?, Hugh M. Kindred
Dalhousie Law Journal
Infrequent but catastrophic incidents of pollution by ships have attracted worldwide attention to the regulation of the merchant shipping industry for the protection of the marine environment. Under the detailed legal regime that has been established, ships and their owners are held strictly liable for the pollution of the oceans that they cause. Less well known but equally well established are other principles of maritime law that allow shipowners to limit their liability for the expense and damage their polluting ships incur. Canada has recently undertaken a major reform of its shipping laws and, in the process, it has revamped …
Liability For Damage To The Marine Environment From Ships, Michael White
Liability For Damage To The Marine Environment From Ships, Michael White
Dalhousie Law Journal
Marine pollution damage from ships is not a major problem in Australian jurisdictions, but there are regular incidents. The Australian law relating to marine pollution from ships closely follows the international conventions. Australia is a party to almost all of the relevant IMO conventions and, as is required for common law countries, the domestic legislation to give effect to them needs to be put in place. This has been done for the most part by the Commonwealth, the states and the Northern Territory as Australia is a federation. The Commonwealth and the states have established adequate enforcement resources for the …
Jonathan I. Charney: An Appreciation, W. Michael Reisman
Jonathan I. Charney: An Appreciation, W. Michael Reisman
Vanderbilt Journal of Transnational Law
Jonathan Charney was one of the leading international legal scholars of his generation. He was the authority on the Law of the Sea and his magisterial four-volume work on international maritime boundaries quickly became the "vade mecum" for anyone involved in virtually any aspect of the Law of the Sea. But Law of the Sea was only a part of his awesome oeuvre. He wrote authoritatively on the use of force and humanitarian intervention; self-determination; customary international law and, in particular, soft law; international environmental law, international tribunals and jurisdiction, technology, and constitutional law. All of his work was marked …
A Call To Restructure Existing International Environmental Law In Light Of Africa's Renaissance: The United Nations Convention To Combat Desertification And The New Partnership For Africa's Development (Nepad), Leslie C. Clark
Seattle University Law Review
This Comment warns that recent, continent-wide economic development strategies have threatened the ability of Africa to combat desertification. Therefore, the existing desertification treaty, UNCCD, must be amended to ensure its ability to effectuate environmental protection.
Jonathan I. Charney: A Tribute, Richard B. Bilder
Jonathan I. Charney: A Tribute, Richard B. Bilder
Vanderbilt Journal of Transnational Law
I first met Jonathan in 1967 when he was a student in my international law class at the University of Wisconsin Law School. It was only my second year of teaching--I had just come to Wisconsin after some years with the State Department's Office of Legal Adviser. But Jonathan was a generous and forgiving, as well as excellent, student and somehow we both got through the course. Anyway, Jonathan became, first, the student of whom I was most fond; then, as his career developed, the student of whom I was most proud; and, eventually, as the years passed and our …
Harmon V. Browner: A Flawed Interpretation Of Epa Overfiling Authority, Wendy R. Zeft
Harmon V. Browner: A Flawed Interpretation Of Epa Overfiling Authority, Wendy R. Zeft
Villanova Environmental Law Journal
No abstract provided.