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Articles 1 - 6 of 6
Full-Text Articles in Law
Growth Pressures And Tmdls, David G. Davis, Jamal M. Kadri, Teresa J. Norfleet
Growth Pressures And Tmdls, David G. Davis, Jamal M. Kadri, Teresa J. Norfleet
Water and Growth in the West (Summer Conference, June 7-9)
18 pages.
Reforming State Brownfield Programs To Comply With Title Vi, Bradford Mank
Reforming State Brownfield Programs To Comply With Title Vi, Bradford Mank
Faculty Articles and Other Publications
Many states have adopted voluntary action programs to encourage developers to clean up and redevelop brownfields, former industrial or commercial facilities that have some environmental contamination. While brownfields redevelopment often has important benefits, states often allow cleanups that are less stringent than would otherwise be required and that raises the possibility that redevelopment could pose health risks to neighboring residents. Because many brownfield sites are located in areas with significant minority populastions, there is the potential for disproportionate impacts against these groups. If disparate impacts occur, states are arguably liable under Title VI of the 1964 Civil Rights Act. The …
Alternative Dispute Resolution At The Environmental Protection Agency, Joel B. Eisen
Alternative Dispute Resolution At The Environmental Protection Agency, Joel B. Eisen
Law Faculty Publications
This chapter examines how the U.S. Environmental Protection Agency (EPA) uses alternative dispute resolution (ADR) methods to help resolve complex environmental disputes. In recent years, the EPA's use of ADR has increased dramatically in a wide variety of settings. The EPA has made ADR a central feature of its environmental enforcement strategy, encouraged its use in Title VI and environmental justice conflict settings, and turned to negotiated rulemaking as an alternative to the cumbersome notice-and-comment process for the development of new federal regulations. Other EPA programs, such as the Brownfields Economic Redevelopment Initiative, promote nonadversarial methods for tackling complex environmental …
Unexploded Ordnance (Uxo): An Explosive Issue?, Lisa M. Schenck
Unexploded Ordnance (Uxo): An Explosive Issue?, Lisa M. Schenck
GW Law Faculty Publications & Other Works
The recent increase in transition of military ranges to nonmilitary uses has increased public and environmental regulatory agency concern regarding ranges. Much of this concern stems from the identification of Unexploded Ordnance and its constituents as possible contributing sources of contamination of groundwater and soils. Making the situation potentially more explosive are EPA Region 1 actions at one of those installations, Massachusetts Military Reservation, where groundwater contamination has halted live-firing on ranges. This article highlights recent developments in the areas of munitions and ranges that influence the ability of installations to use their ranges.
Let's Clear The Air: Enforcing Civil Penalties Against Federal Violators Of The Clean Air Act, Lisa M. Schenck
Let's Clear The Air: Enforcing Civil Penalties Against Federal Violators Of The Clean Air Act, Lisa M. Schenck
GW Law Faculty Publications & Other Works
The Clean Air Act (CAA) includes enforcement provisions by which violators of the Act can be held civilly liable for penalties. When federal agencies violate the CAA, however, the Constitution and the sovereign immunity doctrine serve as obstacles to civil enforcement. Federal agencies contend that the Constitution's separation of powers doctrine, unitary executive theory, and "case or controversy" justiciability requirement bar the United States Environmental Protection Agency (EPA) from proceeding against them in civil enforcement actions. This Article addresses these arguments and examines the executive branch's approach to enforcing the Act against federal agencies. Federal agencies also have asserted the …
Wetlands Protection: Regulators Need To Give Credit To Mitigation Banking, Lisa M. Schenck
Wetlands Protection: Regulators Need To Give Credit To Mitigation Banking, Lisa M. Schenck
GW Law Faculty Publications & Other Works
Since wetlands provide a myriad of ecology benefits, programs to protect them, as well as strategies to compensate affected parties for their loss, have evolved over the past two decades. Under Section 404 of the Clean Water Act, a market-based management strategy called wetland mitigation banking requires developers to compensate for wetland loss or degradation resulting from their projects prior to developing the area. The federal government has endorsed this mitigation banking as an appropriate method to restore, create, enhance, and even preserve wetlands and thus compensate for unavoidable wetland losses. Under the compensation program, instead of requiring land developers …