Law Commons^™

Saving The African Elephant, Leslie Burton

Publications

How to save the African elephant from extinction has been a controversial issue for over two decades. This article will explain why the African elephant is dying out, why it should be saved, and how to save it. Part I describes the elephant's life and habits. Part II explains the causes of the elephant's endangered status. Part III discusses why the elephant should be saved. Part IV explains the policies established by the Convention on International Trade in Endangered Species (CITES). Part V explores avenues for saving the elephant. Part VI offers policy recommendations.

Programmatic Record Of Decision, Volume 3 - Attachments 7 Through 10, Calfed Bay-Delta Program

California Agencies

No abstract provided.

Programmatic Record Of Decision, Volume 1 - Record Of Decision And Attachments 1 Through 4, Calfed Bay-Delta Program

California Agencies

No abstract provided.

Programmatic Record Of Decision, Volume 2 - Attachments 5 Through 6b, Calfed Bay-Delta Program

California Agencies

No abstract provided.

Introduction To The Issue: Fluidity In The Law, Paul Stanton Kibel

Publications

No abstract provided.

Proposition 13: Safe Drinking Water, Clean Water, Watershed Protection, And Flood Protection Act, Department Of Water Resources

California Agencies

No abstract provided.

Criminal Penalties For Creating A Toxic Environment: Mens Rea, Environmental Criminal Liability Standards, And The Neurotoxicity Hypothesis, Colin Crawford

Publications

Recent research in brain biochemistry examining the likely neurological effects of exposure to toxic contaminants continues to demand legal consideration. In this Article, Professor Crawford evaluates the possible consequences of recent neurobiological studies-labeled "The Neurotoxicity Hypothesis" by researchers-for lawyers and the legal system. After summarizing the research, Professor Crawford suggests that as this (or similar) neurobiological research gains increased scientific acceptance, it will be necessary to reduce dramatically the acceptable levels of these toxic elements that can be discharged into the environment. He then examines the implications of such a result for establishing criminal liability under federal environmental statutes, focusing …

Competing Visions: Epa And The States Battle For The Future Of Environmental Enforcement, Clifford Rechtschaffen

Publications

First, the Article describes the enforcement approach being advocated by many states. To some, it represents an innovative, superior way to achieve compliance. To others, the states' vision is a pretext for weakening enforcement that will result in more widespread violations by regulated facilities. The Article also examines how EPA has shifted its own enforcement policies in response to state pressures.

Next, the Article discusses what we know empirically about which system works better. There is relatively little evidence about compliance assistance programs, more for deterrence-based approaches. The evidence shows that deterrence-based approaches work, and that in the absence of …

A Wrong Turn Crushes Protective Air Regulations: American Trucking Ass'ns V. Epa, Deborah Nicole Behles

Publications

This Comment analyzes whether American Trucking correctly concluded that the NAAQS informal rulemaking procedure, specifically the 1997 PM revision process, lacked an "intelligible principle" in violation of the nondelegation doctrine. Part I outlines the judicially imposed restraints on agency rulemaking and describes the history of the NAAQS revisions, particularly the revised PM standard. Part II describes American Trucking and discusses the reasoning behind the court's challenge to find an "intelligible principle" for the NAAQS revisions. Part III argues that American Trucking erred because the EPA did follow an "intelligible principle" when it promulgated the 1997 revised PM standards. This Comment …

California Surface Mining And Reclamation Policies And Procedures, California State Mining And Geology Board

California Agencies

California Surface Mining and Reclamation Policies and Procedures with the Surface Mining and Reclamation Act of 1975, 3d rev.