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Articles 1 - 17 of 17

Full-Text Articles in Law

Public Laws And Private Lawmakers, Kimberly L. Wehle Jan 2016

Public Laws And Private Lawmakers, Kimberly L. Wehle

All Faculty Scholarship

The Obama Administration's "Clean Power Plan" for addressing industrial carbon emissions is controversial as a matter of environmental policy. It also has important constitutional implications. The rule was initially crafted not by officers or employees of the Environmental Protection Agency, but by two private lawyers and a scientist with industry ties. Private parties operate extra-constitutionally, and no existing legal doctrine tethers constitutional scrutiny to the nature of the power delegated to them. The nondelegation doctrine applies to delegations by Congress-not to agencies' subdelegations of legislative power to private parties. The other doctrinal lens for reviewing rulemaking by entities other ...


The Limits Of Judicial Mechanisms For Developing And Enforcing International Environmental Norms: Introductory Remarks, Nienke Grossman, Jacqueline Peel Jan 2015

The Limits Of Judicial Mechanisms For Developing And Enforcing International Environmental Norms: Introductory Remarks, Nienke Grossman, Jacqueline Peel

All Faculty Scholarship

International courts and tribunals have played a key role in the development of principles and norms of international environmental law. Over the last two decades, such bodies have been asked to resolve a growing number of disputes that involve environmental issues. The types of issues considered by international courts and tribunals have also expanded in scope and complexity. For instance, disputes concerning environmental matters may involve claims of state responsibility, law of the sea questions, human rights issues, or trade and investment aspects.


Epa's Definition Of "Solid Waste" Under Subtitle C Of The Resource Conservation And Recovery Act: Is Epa Adequately Protecting Human Health And The Environment While Promoting Recycling?, Steven A.G. Davison Jan 2010

Epa's Definition Of "Solid Waste" Under Subtitle C Of The Resource Conservation And Recovery Act: Is Epa Adequately Protecting Human Health And The Environment While Promoting Recycling?, Steven A.G. Davison

All Faculty Scholarship

No abstract provided.


General Permits Under Section 404 Of The Clean Water Act, Steven A.G. Davison Jan 2009

General Permits Under Section 404 Of The Clean Water Act, Steven A.G. Davison

All Faculty Scholarship

No abstract provided.


Regulation Of Emission Of Greenhouse Gases And Hazardous Air Pollutants From Motor Vehicles, Steven A.G. Davison Jan 2006

Regulation Of Emission Of Greenhouse Gases And Hazardous Air Pollutants From Motor Vehicles, Steven A.G. Davison

All Faculty Scholarship

No abstract provided.


Defining "Addition" Of A Pollutant Into Navigable Waters From A Point Source Under The Clean Water Act: The Questions Answered — And Those Not Answered — By South Florida Water Management District V. Miccosukee Tribe Of Indians, Steven A.G. Davison Oct 2004

Defining "Addition" Of A Pollutant Into Navigable Waters From A Point Source Under The Clean Water Act: The Questions Answered — And Those Not Answered — By South Florida Water Management District V. Miccosukee Tribe Of Indians, Steven A.G. Davison

All Faculty Scholarship

No abstract provided.


The Aftermath Of Sweet Home Chapter: Modification Of Wildlife Habitat As A Prohibited Taking In Violation Of The Endangered Species Act, Steven A.G. Davison Apr 2003

The Aftermath Of Sweet Home Chapter: Modification Of Wildlife Habitat As A Prohibited Taking In Violation Of The Endangered Species Act, Steven A.G. Davison

All Faculty Scholarship

No abstract provided.


Standing To Sue In Citizen Suits Against Air And Water Polluters Under Friends Of The Earth, Inc. V. Laidlaw Environmental Services (Toc), Inc., Steven A.G. Davison Jan 2003

Standing To Sue In Citizen Suits Against Air And Water Polluters Under Friends Of The Earth, Inc. V. Laidlaw Environmental Services (Toc), Inc., Steven A.G. Davison

All Faculty Scholarship

No abstract provided.


Governmental Liability Under Cercla, Steven A.G. Davison Oct 1997

Governmental Liability Under Cercla, Steven A.G. Davison

All Faculty Scholarship

No abstract provided.


Takings Of Wildlife Under The Endangered Species Act After Babbitt V. Sweet Home Chapter Of Communities For A Great Oregon, Lawrence R. Liebesman, Steven A.G. Davison Jul 1995

Takings Of Wildlife Under The Endangered Species Act After Babbitt V. Sweet Home Chapter Of Communities For A Great Oregon, Lawrence R. Liebesman, Steven A.G. Davison

All Faculty Scholarship

No abstract provided.


Alteration Of Wildlife Habitat As A Prohibited Taking Under The Endangered Species Act, Steven A.G. Davison Apr 1995

Alteration Of Wildlife Habitat As A Prohibited Taking Under The Endangered Species Act, Steven A.G. Davison

All Faculty Scholarship

No abstract provided.


Fourth Amendment And Statutory Limitations On Entry And Inspection Of Commercial Property In Environmental Enforcement, Steven A.G. Davison Oct 1982

Fourth Amendment And Statutory Limitations On Entry And Inspection Of Commercial Property In Environmental Enforcement, Steven A.G. Davison

All Faculty Scholarship

No abstract provided.


A History Of Appalachian Coal Mines, Kenneth Lasson Mar 1972

A History Of Appalachian Coal Mines, Kenneth Lasson

All Faculty Scholarship

This portion of the study discusses the social and economic antecedents of today's Appalachian coal industry. The time covered includes from pre-history up to the date of the study (1972).


The Asphalting Of America: How The Government Subsidizes Highway Pollution In The Boswash Smog Bank, James Sullivan, Kenneth Lasson Jan 1972

The Asphalting Of America: How The Government Subsidizes Highway Pollution In The Boswash Smog Bank, James Sullivan, Kenneth Lasson

All Faculty Scholarship

This article discusses the problem of air and noise pollution caused by motor vehicles circa the time of the article's writing (1972), and the public interest in dealing with these problems, in the light of federal government's conflicting interest in creating more roads. Mentioned is the fact that construction of more highways seems to be the federal government's answer to traffic congestion, while another point of view is that more highways encourages a rise in the number of motor vehicles on those roads. The article ends with some suggestions for how to deal with these problems.


The Legal Control Of Population Growth And Distribution In A Quality Environment: The Land Use Alternatives, Richard D. Lamm, Steven A.G. Davison Jan 1972

The Legal Control Of Population Growth And Distribution In A Quality Environment: The Land Use Alternatives, Richard D. Lamm, Steven A.G. Davison

All Faculty Scholarship

No abstract provided.


Environmental Class Actions Seeking Damages: The Need For Environmental Class Action Suits, Richard D. Lamm, Steven A.G. Davison Jan 1971

Environmental Class Actions Seeking Damages: The Need For Environmental Class Action Suits, Richard D. Lamm, Steven A.G. Davison

All Faculty Scholarship

No abstract provided.


Part One: Historical Perspective (Of The Chesapeake Bay), Kenneth Lasson Mar 1970

Part One: Historical Perspective (Of The Chesapeake Bay), Kenneth Lasson

All Faculty Scholarship

This study analyzes the legal problems in the development and management of Chesapeake Bay resources. There are threshold problems of definition - What is Chesapeake Bay? What are its resources? What role does law play in their development and management?

The "Historical Perspective" traces the political controversies that have involved the Bay since the colonies of Maryland and Virginia were first founded. In a rough sense, it defines the traditional resources of the Bay by isolating occasions when individuals, businesses and governmental bodies found themselves at cross-purposes as to how the Bay was to be used and shared.