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Full-Text Articles in Law
Cercla's Mistakes, John C. Nagle
Cercla's Mistakes, John C. Nagle
Journal Articles
The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) confounds every theory of statutory interpretation. Congress hurriedly enacted CERCLA during the lame-duck period following the election of President Reagan and a Republican Senate majority in November 1980 but before they took office in January 1981. The resulting statute has been criticized for its apparently textual mistakes, sparse legislative history, conflicting purposes, and questionable public policy. Courts routinely complain about the difficulty of interpreting CERCLA under those circumstances. This article reviews several of the interpretive challenges presented by CERCLA, and suggests some broader implications for statutory interpretation more generally. CERCLA, hazardous …
Why Chinese Wildlife Disappears As Cites Spreads, John C. Nagle
Why Chinese Wildlife Disappears As Cites Spreads, John C. Nagle
Journal Articles
The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) proves that popularity does not assure success. CITES is one of the oldest and most popular international environmental treaties. Yet after twenty-three years and the approval of over 125 nations, wildlife continues to become extinct and endangered at an unhindered rate. Why?
The explanation for this paradox can be found by comparing the state of wildlife in China and the United States. Both countries are parties to CITES. Their efforts to enforce CITES are very different, but they both reveal the limitations of the current treaty …