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Full-Text Articles in Law

Don’T Bet On Nepa: The National Environmental Policy Act Has No Place In Indian Gaming, Andrea Goldstein May 2012

Don’T Bet On Nepa: The National Environmental Policy Act Has No Place In Indian Gaming, Andrea Goldstein

Andrea Goldstein

The Indian Gaming Regulatory Act (IGRA) does not require environmental reviews prior to the approval of gaming management contracts and the timeframes in the IGRA conflict with the National Environmental Policy Act (NEPA), therefore negating any need for NEPA compliance prior to approval of a management contract.


Historic Preservation Law, Sara Bronin, J Byrne Dec 2011

Historic Preservation Law, Sara Bronin, J Byrne

Sara C. Bronin

This book was written for anyone interested in the increasingly important area of historic preservation law. With this book, we hope to advance and encourage the teaching of preservation law, shape the way the field is conceived, and create a practical resource that will be consulted by attorneys and other preservation professionals. Our approach to the subject is reasonably straightforward. We present the most significant legal issues in preservation and place them in a contemporary context, identifying contested questions and areas of reform. The format of the book is traditional: edited leading cases with notes that provide explanation, extension, and …


A Functional Approach To Risks And Uncertainties Under Nepa, Todd Aagaard Dec 2011

A Functional Approach To Risks And Uncertainties Under Nepa, Todd Aagaard

Todd S Aagaard

The National Environmental Policy Act (NEPA) mandates that federal agencies evaluate the environmental impacts of their proposed actions. This requires agencies to make ex ante predictions about environmental consequences that often involve a significant degree of factual risk or uncertainty. Considerable controversy exists regarding how agencies should address such risks and uncertainties. Current NEPA law adopts a largely ad hoc approach that lacks coherence and analytical rigor. Some environmentalists and legal scholars have called for a greater emphasis on worst-case analysis in environmental planning, especially after the recent Deepwater Horizon oil spill in the Gulf of Mexico and the meltdowns …