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Articles 1 - 11 of 11

Full-Text Articles in Law

Prosecuting Members Of The U.S. Military For Wartime Environmental Crimes, Eric Talbot Jensen, James J. Teixeira Jr. Dec 2004

Prosecuting Members Of The U.S. Military For Wartime Environmental Crimes, Eric Talbot Jensen, James J. Teixeira Jr.

Faculty Scholarship

War is inherently damaging to the environment. Though these deleterious actions are often attributed to "states" during times of armed conflict, they are normally the result of military operations conducted by members of the military who are carrying out orders from military superiors. While many have proposed systemic changes that affect how states can or should be held responsible, few have commented on the process of holding individual military personnel or commanders responsible for battlefield acts of environmental damage. This paper argues that there are sufficient laws and regulations in place to hold individuals and commanders in the United States ...


A Perfect Storm: Mercury And The Bush Administration, Part Ii, Rena I. Steinzor, Lisa Heinzerling Jul 2004

A Perfect Storm: Mercury And The Bush Administration, Part Ii, Rena I. Steinzor, Lisa Heinzerling

Faculty Scholarship

The Environmental Protection Agency's recent proposal to regulate mercury emissions from power plants, and its final rule on mercury emissions from chlor-alkali facilities, suffer from serious scientific, legal, economic, and distributional flaws. The first installment in this series examined the strong scientific basis for regulating mercury emissions and critiqued the agency's decisions from a legal perspective. This second (and final) installment finds that EPA's decisions also fail from the perspectives of economics and environmental justice. EPA and the Office of Management and Budget's economic analysis of the proposal to regulate mercury from power plants was shoddy ...


Book Review: Differential Treatment In International Environmental Law, Maxwell O. Chibundu May 2004

Book Review: Differential Treatment In International Environmental Law, Maxwell O. Chibundu

Faculty Scholarship

A review of Differential Treatment in International Environmental Law by Phillippe Cullet. Brookfield, Ashgate Publishing Co., 2003.


Environmental Legal Professionalism Adapted To Citizen Suit Processes, Brion Blackwelder Jan 2004

Environmental Legal Professionalism Adapted To Citizen Suit Processes, Brion Blackwelder

Faculty Scholarship

No abstract provided.


Private Property And The Politics Of Environmental Protection, Thomas W. Merrill Jan 2004

Private Property And The Politics Of Environmental Protection, Thomas W. Merrill

Faculty Scholarship

Private property plays two opposing roles in stories about the environment. In the story favored by most environmentalists, private property is the bad guy. It balkanizes an interconnected ecosystem into artificial units of individual ownership. Owners of these finite parcels have little incentive to invest in ecosystem resources and every incentive to dump polluting wastes onto other parcels. Only by relocating control over natural resources in some central authority like the federal government, can we make integrated decisions designed to preserve the health of the entire ecosystem. For these traditional environmentalists, private property is the problem; public control is the ...


Citizens To Preserve Overton Park V. Volpe, Peter L. Strauss Jan 2004

Citizens To Preserve Overton Park V. Volpe, Peter L. Strauss

Faculty Scholarship

This essay is one of a series destined to appear in a Foundation Press book, Administrative Law Stories, now set for publication in the fall of 2005. The decision in Citizens to Preserve Overton Park v. Volpe represents a transition from political to judicial controls over decisions broadly affecting a wide range of community interests. Unmistakable and dramatic as it is, that transition is not universally applauded. But the transition was striking and quick. The late sixties and early seventies saw an explosion of new national legislation on social and environmental issues, that often provided explicitly or implicitly for citizen ...


Clear The Air: The Road Taken: A Reflection On Michael C. Blumm & William Warnock's Roads Not Taken: Epa Vs. Clean Water, Clifford J. Villa Jan 2004

Clear The Air: The Road Taken: A Reflection On Michael C. Blumm & William Warnock's Roads Not Taken: Epa Vs. Clean Water, Clifford J. Villa

Faculty Scholarship

EPA vs. Clean Water presents case studies of the ostensible failure of the United States Environmental Protection Agency (EPA) to implement the Clean Water Act in three principal areas: water quality impacts from dam operations, state water quality certification for nonpoint source discharges, and antidegradation requirements for nonpoint sources.


Cost-Benefit Analysis, Static Efficiency And The Goals Of Environmental Law, Matthew D. Adler Jan 2004

Cost-Benefit Analysis, Static Efficiency And The Goals Of Environmental Law, Matthew D. Adler

Faculty Scholarship

No abstract provided.


Challenge Of Environmental Justice, The , Sheila Foster Jan 2004

Challenge Of Environmental Justice, The , Sheila Foster

Faculty Scholarship

The residents of Camden, New Jersey do not live in a bustling city as do residents living across the Delaware River in Philadelphia, Pennsylvania. Instead, Camden's largely minority population lives in an environmentally and economically devastated neighborhood replete with two Superfund sites. Garbage incinerators, sewage treatment plants and polluting factories have been placed in Camden because the poor have historically been less likely to protest than wealthier communities. In 1997, concerned Camden residents formed the South Camden Citizens in Action ( SCCA ) association to confront the continued encroachment by polluting factories and sewage treatment centers threatening their lives and health ...


The Clean Water Act And The Demise Of The Federal Common Law Of Interstate Nuisance, Robert V. Percival Jan 2004

The Clean Water Act And The Demise Of The Federal Common Law Of Interstate Nuisance, Robert V. Percival

Faculty Scholarship

No abstract provided.


A Perfect Storm: Mercury And The Bush Administration, Rena I. Steinzor, Lisa Heinzerling Jan 2004

A Perfect Storm: Mercury And The Bush Administration, Rena I. Steinzor, Lisa Heinzerling

Faculty Scholarship

In December 2003, the Environmental Protection Agency (EPA) proposed a rule for mercury emissions from power plants and issued a final rule for mercury emissions from chlor-alkali facilities. Regarding power plants, EPA had previously found that mercury posed the most serious threat among the hazardous air pollutants emitted by power plants, and also that regulation of mercury from power plants was appropriate and necessary under section 112 of the Clean Air Act, which requires stringent technology-based regulation for hazardous air pollutants. Despite section 112's clear rejection of emissions trading as a compliance option, EPA has proposed to allow commercial ...