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Full-Text Articles in Law
After A Decade: "Theory As Practice" At The Center For Environmental Legal Studies, Nicholas A. Robinson
After A Decade: "Theory As Practice" At The Center For Environmental Legal Studies, Nicholas A. Robinson
Elisabeth Haub School of Law Faculty Publications
A scholarly center, with an ethically premised mission to further the remedial objectives of Environmental Law: this conception inspired establishment of Pace's Center For Environmental Legal Studies in 19821 when Professor Donald W. Stever, Jr., joined me in launching this new focus through which the Pace University School of Law's Environmental Law Faculty could use their expertise to further, refine, and fashion environmental protection and the conservation of natural resources. In the Center's first decade, our Environmental Faculty managed to exceed our Center's imagined goals, and as the Center enters its march to the year 2002, we are rethinking our …
International Trends In Environmental Impact Assessment, Nicholas A. Robinson
International Trends In Environmental Impact Assessment, Nicholas A. Robinson
Elisabeth Haub School of Law Faculty Publications
This paper explores the range of legislation that has created the EIA mandate. A more comprehensive study of all EIA laws is under preparation by the Commission on Environmental Law of the International Union for the Conservation of Nature and Natural Resources, but this study will not be complete until 1992. In the absence of such an exhaustive analysis, this paper sketches the global legislative trends in EIA.
Energy And Environmental Challenges For Developed And Developing Countries, Richard L. Ottinger
Energy And Environmental Challenges For Developed And Developing Countries, Richard L. Ottinger
Elisabeth Haub School of Law Faculty Publications
Energy for development utilizing traditional supply investments, estimated to cost $1.4 - $4 trillion through 2010, will be unaffordable both for recipients and lenders. The capital required, even if obtainable, would squeeze out capital for all other development requirements and would pose unacceptable environmental and cleanup costs. Upgrading existing energy supply systems would cost a fraction of new supply. Energy efficiency and environmentally benign renewables can at least halve new supply capital requirements and avoid their environmental costs. Least cost planning by lenders and recipients, on the basis of total system life cycle costs, for both energy and non-energy related …
The Regulation Of Green Advertising: The State, The Market And The Environmental Good, David S. Cohen
The Regulation Of Green Advertising: The State, The Market And The Environmental Good, David S. Cohen
Elisabeth Haub School of Law Faculty Publications
In this paper I explore this most recent development in regulatory policy and, in particular, the role government plays when it chooses to use private markets (consumer, institutional and corporate) as regulatory instruments to produce and allocate environmental benefits. The privatization of environmental regulation by employing markets to deliver environmental benefits does not involve the implementation of public policy through executive or legislative action. Rather, it is achieved through a public choice to privatize the delivery of environmental regulation by permitting or encouraging decentralized economic power to respond to consumer demands for environmental quality.
Jurisdiction For Citizens To Enforce Against Violations Of The Clean Water Act, Jeffrey G. Miller
Jurisdiction For Citizens To Enforce Against Violations Of The Clean Water Act, Jeffrey G. Miller
Elisabeth Haub School of Law Faculty Publications
The First Annual Pace National Environmental Moot Court Competition was a splendid event. The students, faculty and administration of Pace were proud to host it. The Competition differs in many ways from other competitions. First, it features a field of law that has only recently become a major focus of legal practice. It is appropriate that Pace, a young law school, sponsor a competition in a new field of law. Second, the Competition's arguments are between three teams (government, industry and environmental advocates) rather than the traditional two. This is appropriate to the many sided nature of environmental disputes. Third, …
Soviet Environmental Protection: The Challenge For Legal Studies, Nicholas A. Robinson
Soviet Environmental Protection: The Challenge For Legal Studies, Nicholas A. Robinson
Elisabeth Haub School of Law Faculty Publications
The five essays by Soviet environmental law specialists published in this volume of the Pace Environmental Law Review provide insights into the contemporary debate in the USSR about how to protect nature. Before commenting on each essay, it is useful to sketch out the problems which the Soviet Union is encountering as it struggles to cope with its substantial pollution and widespread natural resource misuse.
Perestroika And Priroda: Environmental Protection In The Ussr, Nicholas A. Robinson
Perestroika And Priroda: Environmental Protection In The Ussr, Nicholas A. Robinson
Elisabeth Haub School of Law Faculty Publications
This article reviews the initial Soviet decisions through 1988, applying perestroika to the problem of protecting priroda. Surveyed here is the scope of the ecological problems in the USSR and traditional responses, followed by an examination of the current Soviet policy to restructure its administrative and legal system for environmental protection. These initial reforms will not all result in a direct or immediate improvement of the Soviet environmental protection regime. For instance, the reforms also are stimulating the Soviet "not in my backyard" (NIMBY) phenomenon, or local opposition to the siting of developments ranging from electrical power plants, to facilities …
Expanding Traditional Land Use Authority Through Environmental Legislation: The Regulation Of Affordable Housing, John R. Nolon
Expanding Traditional Land Use Authority Through Environmental Legislation: The Regulation Of Affordable Housing, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
This article is devoted to an examination of local land use regulation in the context of the use of SEQRA and its mandate, to mitigate environmental impacts to require the provision of affordable housing in high cost housing markets. As such, it looks at one contemporary manifestation of the growth of police power authority to meet new land use challenges.
The U.S. - U.S.S.R. Agreement To Protect The Environment: 15 Years Of Cooperation, Nicholas A. Robinson
The U.S. - U.S.S.R. Agreement To Protect The Environment: 15 Years Of Cooperation, Nicholas A. Robinson
Elisabeth Haub School of Law Faculty Publications
This Article will discuss the origins and operation of the Environmental Bilateral, its functioning in international law, and its contribution to environmental law in each country.
Strengthening Of The Resource Conservation And Recovery Act In 1984: The Original Loopholes, The Amendments, And The Political Factors Behind Their Passage, Richard L. Ottinger
Strengthening Of The Resource Conservation And Recovery Act In 1984: The Original Loopholes, The Amendments, And The Political Factors Behind Their Passage, Richard L. Ottinger
Elisabeth Haub School of Law Faculty Publications
This commentary discusses the nature of the legal loopholes that existed in the original RCRA statute, and highlights several of the provisions of the 1984 RCRA amendments that serve to either rectify or ameliorate the prior deficiencies. It also examines the political factors that affected the passage of the 1984 amendments, enabling them to pass during a period of anti-regulatory emphasis.
Defending Superfund And Rcra Imminent Hazard Cases, Jeffrey G. Miller
Defending Superfund And Rcra Imminent Hazard Cases, Jeffrey G. Miller
Elisabeth Haub School of Law Faculty Publications
Early development of a strategy involves a thorough knowledge of the facts of the case, a knowledge of possible legal defenses, and an ability to predict governmental concerns and actions. Since the facts will differ from case to case, no single strategy can be recommended although a number are suggested. The following discussion of possible legal defenses is by no means exhaustive. The government's announced intentions and attitudes are examined, together with some of the relevant forces at work on and in the government. From considering the facts, possible defenses, are probable government reactions, strategies can be developed and tactics …
Review Of Land Use Conflicts: Organizational Design And Resource Management; Environmental Impact Review And Housing: Process Lessons From The California Experience; Creative Land Development: Bridge To The Future; And Toward Eden, Nicholas A. Robinson
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
Seqra's Siblings: Precedents From Little Nepa's In The Sister States, Nicholas A. Robinson
Seqra's Siblings: Precedents From Little Nepa's In The Sister States, Nicholas A. Robinson
Elisabeth Haub School of Law Faculty Publications
The technique of environmental impact assessment has emerged as the principal regulatory tool for assuring that each person acts "so that due consideration is given to preventing environmental damage." Just as the National Environmental Policy Act (NEPA) requires that each of the federal government's agencies assure that its decisions will be environmentally sound, so have many of the various states decreed that their agencies and political subdivisions shall maximize environmental protection.
Introduction: Emerging International Environmental Law, Nicholas A. Robinson
Introduction: Emerging International Environmental Law, Nicholas A. Robinson
Elisabeth Haub School of Law Faculty Publications
This Introduction notes the emerging mandate for international environmental law and the concurrent problems of implementation. It focuses on two particular applications of this new mandate: the United States-Panama Joint Environment Commission for the Panama Canal, and the suggested role of the United Nations Environment Programme in developing a system of global environmental hazard alerts.
Historic Preservation Law: The Metes & Bounds Of A New Field, Nicholas A. Robinson
Historic Preservation Law: The Metes & Bounds Of A New Field, Nicholas A. Robinson
Elisabeth Haub School of Law Faculty Publications
Historic Preservation Law has come to mean that combination of regulations, common-law property principles, tax incentives, and adjective law in administrative proceedings, governing historic sites and property within the United States. Although Congress first recognized a need to conserve the nation's wealth of historic amenities in 1906 when it adopted The Antiquities Act, it was only with the nation's bicentennial that the volume and diversity of laws designed to maintain, protect and preserve historic America grew to the point where it could be said that a new field of law had emerged. The symposium which follows this essay represents the …
Urban Environmental Law: Emergent Citizens' Rights For The Aesthetic, The Spiritual, And The Spacious, Nicholas A. Robinson
Urban Environmental Law: Emergent Citizens' Rights For The Aesthetic, The Spiritual, And The Spacious, Nicholas A. Robinson
Elisabeth Haub School of Law Faculty Publications
While articles on the urban environment often deal with statutory and administrative action, this article presents a different perspective, that of citizen enforcement and the judicial consequences of such a development. Illustrative of the emergent role of courts in enforcing citizens' claims are the areas of historic preservation, noise regulation, and the use of environmental impact statements.
Drinking Water Regulation, Nicholas A. Robinson
Drinking Water Regulation, Nicholas A. Robinson
Elisabeth Haub School of Law Faculty Publications
As 1974 drew to a close, President Ford signed legislation extending federal jurisdiction into a new realm: the quality of public drinking water supplies. This Safe Drinking Water Act is an interesting piece of legislation. It probably will become one more bit of data for the MOLDS System, and the Act, fortunately, has provisions which meet some of the criteria which Luther Avery set forth. Before describing the Act, I want to present a few statistics and background facts about this innocent bit of H2O.
Environmental Law--Introduction, Nicholas A. Robinson
Environmental Law--Introduction, Nicholas A. Robinson
Elisabeth Haub School of Law Faculty Publications
Despite the vast mountain ranges, rivers, parks, coasts and forests within the bounds of its jurisdiction, the Second Circuit has had little occasion to decide many cases in the area of environmental law. Nonetheless, sufficient decisions do exist to indicate tentative outlines of the Second Circuit's disposition to date of such cases. On balance, the Second Circuit has carefully and conservatively hewed to the mandate of Congress in its construction of statutes, has mediated the competing demands of development and environmental protection, and has cautiously supported conservationists while sharply criticizing some of their tactics in administrative proceedings. This characterization can …
Extraterritorial Environmental Protection Obligations Of Foreign Affairs Agencies: The Unfulfilled Mandate Of Nepa, Nicholas A. Robinson
Extraterritorial Environmental Protection Obligations Of Foreign Affairs Agencies: The Unfulfilled Mandate Of Nepa, Nicholas A. Robinson
Elisabeth Haub School of Law Faculty Publications
This article will focus on the initial Department of State position, as set forth in a legal memorandum which interpreted NEPA as not requiring compliance by a foreign affairs agency. It will then examine the language of the Act and its legislative history. Finally, the article will reveal a pattern of official self-insulation from national environmental policy, illustrated by the Export-Import Bank's continuing refusal to comply with NEPA's requirements. It will suggest that much remains to be done if NEPA is to be fully effective in governing the extraterritorial consequences of the federal government's actions.
New Dimensions In Corporate Counseling In Environmental Law, Nicholas A. Robinson
New Dimensions In Corporate Counseling In Environmental Law, Nicholas A. Robinson
Elisabeth Haub School of Law Faculty Publications
This article's thesis is that attorneys cannot wait any longer to begin practicing environmental law. The bar has a responsibility to insure that our laws are obeyed and implemented. In advising a client regarding compliance with environmental laws, the legal counselor has unique opportunities to advance not only the client's interests, but also the public's interest in environmental protection.