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Full-Text Articles in Law
The Iucn Academy Of Environmental Law: Seeking Legal Underpinnings For Sustainable Development, Nicholas A. Robinson
The Iucn Academy Of Environmental Law: Seeking Legal Underpinnings For Sustainable Development, Nicholas A. Robinson
Elisabeth Haub School of Law Faculty Publications
An article describing a “work in progress” can provide only a sketch of the initial plans for the new IUCN Academy of Environmental Law. As the Academy establishes its administrative secretariat, builds its research program, and fashions its collaborative teaching undertakings, the details of this further work will become clear. Their analysis must await the events. Nonetheless, the precedents to date portend a promising future, as illustrated by the launch in Shanghai, and the Academy's initial research into the environmental sustainability of contemporary energy law.
The Law Of Words: Standing, Environment, And Other Contested Terms, David N. Cassuto
The Law Of Words: Standing, Environment, And Other Contested Terms, David N. Cassuto
Elisabeth Haub School of Law Faculty Publications
Friends of the Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc., 528 U.S. 167 (2000), exposes fundamental incoherencies within environmental standing doctrine, even while it ostensibly makes standing easier to prove for plaintiffs in environmental citizen suits. According to Laidlaw, an environmental plaintiff needs only to show personal injury to satisfy Article III's standing requirement; she need not show that the alleged statutory violation actually harms the environment. This Article argues that Laidlaw's distinction between injury to the plaintiff and harm to the environment is nonsensical. Both the majority and dissent in Laidlaw incorrectly assume that there exists an objective …
Theme And Variations In Statutory Preclusions Against Successive Environmental Enforcement Actions By Epa And Citizens, Part One: Statutory Bars In Citizen Suit Provisions, Jeffrey G. Miller
Theme And Variations In Statutory Preclusions Against Successive Environmental Enforcement Actions By Epa And Citizens, Part One: Statutory Bars In Citizen Suit Provisions, Jeffrey G. Miller
Elisabeth Haub School of Law Faculty Publications
This two-part Article examines the preclusion device, its legislative history, and the decisions interpreting it. Part One examines the device in citizen suit provisions. Part Two, to be published subsequently, will examine the device in EPA enforcement provisions. The two parts develop a unified interpretation of the device in both sets of enforcement provisions to resolve the tension between achieving compliance and protecting prosecutorial discretion. The Article concludes that Congress meant exactly what it wrote and enacted: the device solely precludes the successive enforcement it actually addresses. Several of the most common canons of statutory interpretation lead inexorably to this …
Development Agreements: Bargained-For Zoning That Is Neither Illegal Contract Nor Conditional Zoning, Shelby D. Green
Development Agreements: Bargained-For Zoning That Is Neither Illegal Contract Nor Conditional Zoning, Shelby D. Green
Elisabeth Haub School of Law Faculty Publications
This Article explores the new model of land use decision-making that is based upon bargaining with the landowner. The fact of a bargain raises the issue of whether such bargaining amounts to “contract zoning” based upon a bilateral contract between the municipality and the landowner, which is largely held to be illegal, or a related form of bargaining, not involving an exchange of promises in the context of a bilateral agreement--“conditional zoning.” Part II of this Article discusses the emergence of the development agreement, which involves a contract with a municipality and the developer under which the developer is assured …