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Full-Text Articles in Law
Textualism’S Limits On The Administrative State: Of Isolated Waters, Barking Dogs, And Chevron, Michael P. Healy
Textualism’S Limits On The Administrative State: Of Isolated Waters, Barking Dogs, And Chevron, Michael P. Healy
Law Faculty Scholarly Articles
In Solid Waste Agency of Northern Cook County (SWANCC) v. U.S. Army Corps of Engineers, the U.S. Supreme Court recently held that the U.S. Army Corps of Engineers (the Corps) does not have authority under the Clean Water Act (the Act or the CWA) to regulate the filling of “other waters.” This decision demonstrates a major shift in the Court's approach to statutory interpretation, particularly in the context of reviewing an agency’s understanding of a statute. The significance of the case is best gauged by contrasting it with United States v. Riverside Bayview Homes, Inc. There, the Court, acting …
The Arctic Environmental Protection Strategy, Arctic Council And Multilateral Environmental Initiatives: Tinkering While The Arctic Marine Environment Totters, David Vanderzwaag, Robert Huebert, Stacey Ferrara
The Arctic Environmental Protection Strategy, Arctic Council And Multilateral Environmental Initiatives: Tinkering While The Arctic Marine Environment Totters, David Vanderzwaag, Robert Huebert, Stacey Ferrara
Articles, Book Chapters, & Popular Press
The Arctic marine environment is not pristine, as commonly imagined, but is facing numerous pressures,' the most serious arguably coming from outside the region. Melting of sea ice, linked to global warming, threatens the long-term survival of various species including polar bears and has potential to seriously disrupt ocean currents. Persistent organic pollutants (POPs), including pesticides, industrial compounds and combustion by-products, are transported via air and water currents from regions outside the Arctic and become concentrated in the fatty tissues of animals." The pollutants threaten not only the well being of wildlife but the health of northern residents heavily dependent …
It's Been 4380 Days And Counting Since Exxon Valdez: Is It Time To Change The Oil Pollution Act Of 1990, Browne C. Lewis
It's Been 4380 Days And Counting Since Exxon Valdez: Is It Time To Change The Oil Pollution Act Of 1990, Browne C. Lewis
Law Faculty Articles and Essays
The first Part of this Article examines the liability scheme that existed prior to the EXXON VALDEZ oil spill. In the second Part, the Article analyzes the liability scheme that was created by the Oil Pollution Act of 1990 (OPA). The final Part of the Article evaluates whether the OPA's liability scheme would be able to effectively deal with an oil spill of the magnitude of the EXXON VALDEZ oil spill.
The Clean Air Act And The Constitution, Lisa Heinzerling
The Clean Air Act And The Constitution, Lisa Heinzerling
Georgetown Law Faculty Publications and Other Works
In the summer of 1997, the Environmental Protection Agency (EPA) strengthened the air quality standards for two air pollutants, particulate matter and ozone, based on mounting scientific evidence of the harmfulness of these pollutants at levels allowed by the existing standards. With respect to particulate matter (PM), the agency found that numerous epidemiological studies had established an association between PM levels and premature deaths in humans, especially in the elderly population. Indeed, one study on which the EPA relied had found that approximately 60,000 premature deaths in the United States alone could be attributed, annually, to particulate matter. The scientific …