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Articles 1 - 7 of 7

Full-Text Articles in Law

Treatment As Tribe, Treatment As State: The Penobscot Indians And The Clean Water Act, William H. Rodgers, Jr. Apr 2004

Treatment As Tribe, Treatment As State: The Penobscot Indians And The Clean Water Act, William H. Rodgers, Jr.

Articles

No abstract provided.


Terrorism, Security, And Environmental Protection, Stephen M. Johnson Jan 2004

Terrorism, Security, And Environmental Protection, Stephen M. Johnson

Articles

Part I of this Article examines the post-September 11 trend of reduced access to environmental, health, and safety information. Part II introduces the tools that governments might use to protect the environment while protecting homeland security, including planning and information disclosure, command and control measures, and pollution prevention measures. Part II also criticizes the reliance on command and control measures as the primary means of addressing the security issues created by businesses that engage in activities that could harm the environment, health, or safety. Part III explores the advantages of planning and information disclosure programs over command and control programs …


Exacted Conservation Easements: The Hard Case Of Endangered Species Protection, Jessica Owley Lippmann Jan 2004

Exacted Conservation Easements: The Hard Case Of Endangered Species Protection, Jessica Owley Lippmann

Articles

No abstract provided.


Three Cases/Four Tales: Commons, Capture, The Public Trust, And Property In Land, Dale Goble Jan 2004

Three Cases/Four Tales: Commons, Capture, The Public Trust, And Property In Land, Dale Goble

Articles

No abstract provided.


Improving Laws, Declining World: The Tort Of Contamination, William H. Rodgers, Jr. Jan 2004

Improving Laws, Declining World: The Tort Of Contamination, William H. Rodgers, Jr.

Articles

This article considers nature's "baseline" through the lens of modern environmental laws. We measure this "baseline" like never before and are proud of our databases on fish advisories, beach closures, and impaired water bodies, to mention a few. The ubiquitous legal response to these measures of environmental decline is the public warning "Don't Eat the Fish" and "Don't Drink the Water."

This article assesses the function, utility, and purpose of these public warnings and finds them wanting. Their principal value is that they serve as measures of lost natural capital and harbingers of shifting baselines.

Our descriptive journey leaves us …


Tribal Sovereignty Over Water Quality, Jessica Owley Jan 2004

Tribal Sovereignty Over Water Quality, Jessica Owley

Articles

No abstract provided.


The Property Clause: As If Biodiversity Mattered, Dale Goble Jan 2004

The Property Clause: As If Biodiversity Mattered, Dale Goble

Articles

No abstract provided.