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Full-Text Articles in Law

Environmental Law, Eleventh Circuit Survey, Travis M. Trimble Jul 2013

Environmental Law, Eleventh Circuit Survey, Travis M. Trimble

Scholarly Works

In 2012, the United States Court of Appeals for the Eleventh Circuit, deciding an issue of first impression, held that a party that enters a consent order to settle potential liability under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) is not entitled to pursue a cost recovery action against other potentially responsible parties under section 1073 of the Act, but may only seek contribution from those parties under section 113(f) of the Act. The court also affirmed a decision by the Bureau of Ocean Energy Manage- ment to approve an exploration plan for oil and gas drilling ...


Did We Miss The Boat? The Clean Water Act And Sustainability, Ryan P. Murphy May 2013

Did We Miss The Boat? The Clean Water Act And Sustainability, Ryan P. Murphy

Law Student Publications

This comment argues for more political accountability and more scientific consideration when addressing water quality. It begins, in Section I, with an overview of the Clean Water Act, its distinction between point and nonpoint sources, and the connection between nonpoint source pollution, water use, and land use. Section II considers the tension between beneficial uses and environmental degradation by taking a look at a dramatic example of hydrologic modification. 5 Section III considers an effluent dominated waterbody-the Los Angeles River-and the difficulties that regulating point sources to the river presents. Finally, Section IV suggests a different approach-one that is modeled ...


Compartmentalized Thinking And The Clean Water Act, Christine A. Klein Jan 2013

Compartmentalized Thinking And The Clean Water Act, Christine A. Klein

UF Law Faculty Publications

Modern water pollution control traces back to the Federal Water Pollution Control Act of 1972 (Clean Water Act or CWA). Like other statutes of its period, the CWA addresses pollution of a single medium, water. Despite its goal of achieving aquatic integrity, the CWA succumbs to what this article refers to as “compartmentalized thinking.” That is, in drafting the CWA, Congress created a series of regulatory boxes that separate water into constituent parts recognized by law, but not by nature. Undertaking a deeper examination of the fragmentation instinct, this article turns to political theory and cognitive psychology for explanations. In ...