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Full-Text Articles in Law
Massachusetts V. Epa And The Future Of Environmental Standing In Climate Change Litigation And Beyond, Randall S. Abate
Massachusetts V. Epa And The Future Of Environmental Standing In Climate Change Litigation And Beyond, Randall S. Abate
Journal Publications
This Article focuses on the future scope of environmental standing after Massachusetts v. EPA. Injury in fact has been and remains the most controversial component of the environmental standing test within and outside the context of global environmental harms. Part I of this Article discusses the background context of environmental standing for global environmental harms and its corresponding origins in procedural and substantive injury claims in cases involving purely domestic environmental harms. Part II examines the landmark decision in Massachusetts v. EPA and considers how it confirms and extends standing jurisprudence for global environmental harms, yet fails to resolve some …
When "Responsible Parties" Clean Up Voluntarily, Can They Use Superfund To Get Some Of Their Cleanup Costs Back?, Robert H. Abrams, Amy Kullenberg
When "Responsible Parties" Clean Up Voluntarily, Can They Use Superfund To Get Some Of Their Cleanup Costs Back?, Robert H. Abrams, Amy Kullenberg
Journal Publications
No abstract provided.
It’S All About What You Know: The Specific Intent Standard Should Govern "Knowing" Violations Of The Clean Water Act, Randall S. Abate, Dayna E. Mancuso
It’S All About What You Know: The Specific Intent Standard Should Govern "Knowing" Violations Of The Clean Water Act, Randall S. Abate, Dayna E. Mancuso
Journal Publications
Part I of this Article examines the historical and conceptual foundations of the specific intent standard as applied both outside and within the environmental law context. Part II addresses the historical and conceptual foundations of the general intent standard, also outside and within the environmental law context. Part III reviews the history of the conflict between application of the specific intent and general intent standards in prosecutions for knowing violations of the Clean Water Act. Part IV presents arguments that support application of the specific intent standard to knowing violation cases under section 309(c)(2)(A) of the CWA. Part V analyzes …
Multicultural Participation In The Public Hearing Process: Some Theoretical, Pragmatical, And Analeptical Considerations, John C. Duncan, Jr.
Multicultural Participation In The Public Hearing Process: Some Theoretical, Pragmatical, And Analeptical Considerations, John C. Duncan, Jr.
Journal Publications
Ideally, public participation in rule-making leads to better rules. Failure to involve the public obviously dilutes or vitiates democracy in crucial ways. This Article will discuss the hearing process of administrative rule-making, and ways that agencies can accommodate multi-cultural differences so as to improve both access to participation and the efficacy of that participation. Specifically, this paper will discuss the environmental justice movement. Part II of this Article places participation problems in context by looking at specific issues of environmental equity in the rule-making process. Part III examines the need to expand public participation as a desirable goal, discusses obstacles …
Attorneys' Fees Are Costly, But Are They A Recoverable Cost Of Environmental Cleanup Under Superfund?, Robert H. Abrams
Attorneys' Fees Are Costly, But Are They A Recoverable Cost Of Environmental Cleanup Under Superfund?, Robert H. Abrams
Journal Publications
No abstract provided.
Charging A Higher Fee For Disposal Of Out-Of-State Hazardous Waste: Will The Dormant Commerce Clause Become Dormant?, Robert H. Abrams
Charging A Higher Fee For Disposal Of Out-Of-State Hazardous Waste: Will The Dormant Commerce Clause Become Dormant?, Robert H. Abrams
Journal Publications
No abstract provided.
Interstate Water Pollution: Must Upstream Permits Comply With Downstream Standards?, Robert H. Abrams
Interstate Water Pollution: Must Upstream Permits Comply With Downstream Standards?, Robert H. Abrams
Journal Publications
No abstract provided.