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Faculty Scholarship

Environmental Law

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Articles 481 - 503 of 503

Full-Text Articles in Law

The Changing Intersection Of Environmental Auditing, Environmental Law And Enforcement Policy, George Van Cleve Jan 1991

The Changing Intersection Of Environmental Auditing, Environmental Law And Enforcement Policy, George Van Cleve

Faculty Scholarship

This article examines the changing intersection of environmental auditing, environmental law, and enforcement policy. It will begin by reviewing the concept of environmental auditing and will then discuss sources of existing legal authority to require or encourage audits and their limitations. Next, the article examines EPA's existing audit policies and the rationale behind them. It will consider the relationship between these audit policies, enforcement policy, and voluntary disclosures of environmental violations, which has recently been reviewed by the Department of Justice. The article will then consider two alternative models which might be used to establish the role of environmental ...


Penalties In Settlements Of Citizen Suit Enforcement Actions Under The Clean Water Act, Marcia R. Gelpe Jan 1990

Penalties In Settlements Of Citizen Suit Enforcement Actions Under The Clean Water Act, Marcia R. Gelpe

Faculty Scholarship

This article critiques the feminist view Ute Gerhard offers in “Debating Women's Equality: Toward a Feminist Theory of Law from a European Perspective”. Throughout Debating Women's Equality, Gerhard appears to have three ambitious objectives in mind: (1) to decry the paucity of research into women's legal history while beginning to do the needed work, focusing primarily on Germany but also broadly exploring European trends, (2) to demonstrate that German/European women's legal history ultimately vindicates reliance on “equal rights” as a political strategy for women, and (3) to develop an understanding of legal equality that can ...


Organizing Themes Of Environmental Law, Marcia R. Gelpe Jan 1990

Organizing Themes Of Environmental Law, Marcia R. Gelpe

Faculty Scholarship

This article is designed to assist students and lawyers in their work in the field of Environmental Law; specifically, in the area of preventing and mitigating the effects of pollution. The article begins with the origins of modern environmental law. It briefly summarizes the reasons we have environmental problems and describes the inadequacies of the common law responses. This is key to understanding modern environmental statutes, which are designed to remedy the shortcomings of the common law. The main part of the article sets out the various approaches to remedying those shortcomings and gives examples of environmental statutes which take ...


The Deforestation Of The Brazilian Amazon: Law, Politics, And International Cooperation, Henry Mcgee, Kurt Zimmerman Jan 1990

The Deforestation Of The Brazilian Amazon: Law, Politics, And International Cooperation, Henry Mcgee, Kurt Zimmerman

Faculty Scholarship

This article discusses the Brazilian Amazon rain forest and its remarkable biological diversity. Many scientists believe the world's largest jungle serves as a regional and perhaps even "global thermostat." It is therefore essential that vigorous efforts be directed toward its preservation. This article will examine Brazilian attitudes toward its preservation, and possible solutions to the forest destruction with reference to domestic and international law.


Environmental Quality: Three Ways To Decide How Much To Spend, Marcia R. Gelpe Jan 1989

Environmental Quality: Three Ways To Decide How Much To Spend, Marcia R. Gelpe

Faculty Scholarship

Federal and state laws limiting environmental emissions reflect three approaches to deciding how much money to spend on improving environmental quality. The balancing approach estimates the benefits of limiting emissions and the costs of meeting various limits, then sets limits at levels where benefits justify costs. The cost ignoring approach sets emissions limits at levels necessary to prevent environmental harm, without considering the costs of meeting those limits. Technology-based standards limit emissions to levels attainable using the best pollution control technology, as long as no significant environmental effects are known to occur at those levels. In this article, the author ...


Independent Agencies - Independent From Whom?, Section Of Administrative Law And Regulatory Practice, American Bar Association Jan 1989

Independent Agencies - Independent From Whom?, Section Of Administrative Law And Regulatory Practice, American Bar Association

Faculty Scholarship

No abstract provided.


Clean Water Act Citizens Suits After Gwaltney: Applying Mootness Principles In Private Enforcement Actions, Reed D. Benson Dec 1988

Clean Water Act Citizens Suits After Gwaltney: Applying Mootness Principles In Private Enforcement Actions, Reed D. Benson

Faculty Scholarship

The Supreme Court recently held that a citizen plaintiff must make a good-faith allegation of an ongoing violation in order to bring an enforcement action under the Clean Water Act. The decision in Gwaltney of Smithfield, Ltd. v. Chesapeake Bay Foundation, Inc., will prevent citizens from bringing suit for the assessment of civil penalties solely for past violations of the Clean Water Act.


Understanding The Plaintiff's Attorney: The Implications Of Economic Theory For Private Enforcement Of Law Through Class And Derivative Actions, John C. Coffee Jr. Jan 1986

Understanding The Plaintiff's Attorney: The Implications Of Economic Theory For Private Enforcement Of Law Through Class And Derivative Actions, John C. Coffee Jr.

Faculty Scholarship

Probably to a unique degree, American law relies upon private litigants to enforce substantive provisions of law that in other legal systems are left largely to the discretion of public enforcement agencies. This system of enforcement through "private attorneys general" is most closely associated with the federal antitrust and securities laws and the common law's derivative action, but similar institutional arrangements have developed recently in the environmental, "mass tort," and employment discrimination fields. The key legal rules that make the private attorney general a reality in American law today, however, are not substantive but procedural – namely, those rules that ...


With Liberty And Justice For All: An Essay On Agent Orange And Choice Of Law, Aaron Twerski Jan 1986

With Liberty And Justice For All: An Essay On Agent Orange And Choice Of Law, Aaron Twerski

Faculty Scholarship

No abstract provided.


New Role For Nonparties In Tort Actions-The Empty Chair, Reed D. Benson Jan 1986

New Role For Nonparties In Tort Actions-The Empty Chair, Reed D. Benson

Faculty Scholarship

In courtroom drama, the spotlight rarely falls on an empty chair. That may change, due to a new Colorado statute allowing factfinders to consider the negligence or fault of nonparties in tort actions. The new statute may not give nonparties starring roles in every trial, but it will certainly thicken the plot.


Exhaustion Of Administrative Remedies: The Lesson From Environmental Cases, Marcia R. Gelpe Jan 1985

Exhaustion Of Administrative Remedies: The Lesson From Environmental Cases, Marcia R. Gelpe

Faculty Scholarship

The law governing exhaustion of administrative remedies is complex and confusing and fosters needless litigation: litigation that is burdensome to the courts and costly to defendants, that adversely affects agency decision making and that by its very existence, wrongly influences courts to dispense with the exhaustion requirement. Exhaustion remains troublesome to the courts; many of the decisions are confusing and poorly reasoned. A reexamination of the exhaustion doctrine is called for, not only to indicate how the cases should be decided, but also to clarify the issues sufficiently to guide parties' behavior so that they may avoid litigation over exhaustion ...


Compensation For Victims Of Hazardous Substance Exposure, J. David Prince Jan 1985

Compensation For Victims Of Hazardous Substance Exposure, J. David Prince

Faculty Scholarship

Hazardous wastes, threatening environmental and human safety, are being generated at an alarming rate. In this Article, J. David Prince discusses the threats posed by hazardous wastes and the remedies that are available in Minnesota for dealing with those threats. Professor Prince analyzes a proposed compensation scheme for victims of hazardous waste exposure in Minnesota and suggests that a modification of that scheme be adopted by the Minnesota Legislature.


Promoting Economic Incentives For Environmental Protection In The Surface Mining Control And Reclamation Act Of 1977: An Analysis Of The Design And Implementation Of Reclamation Performance Bonds, Barbara Webber, David Webber Jan 1985

Promoting Economic Incentives For Environmental Protection In The Surface Mining Control And Reclamation Act Of 1977: An Analysis Of The Design And Implementation Of Reclamation Performance Bonds, Barbara Webber, David Webber

Faculty Scholarship

No abstract provided.


Animal Feedlot Regulation In Minnesota, Marcia R. Gelpe Jan 1981

Animal Feedlot Regulation In Minnesota, Marcia R. Gelpe

Faculty Scholarship

Animal feedlots frequently are the subject of dispute between operators and surrounding landowners. In this Article, Professor Gelpe identifies the environmental problems created by animal feedlots and discusses the common-law remedies. In addition, Professor Gelpe provides valuable insights into the application and Interpretation of feedlot regulations recently enacted by Minnesota.


Annual Report Of The Electric Power Committee, J. David Prince Jan 1980

Annual Report Of The Electric Power Committee, J. David Prince

Faculty Scholarship

This is the annual report of the Electric Power Committee for 1980. It reports on legislative and judicial developments, and issues relevant to the Electric Power Committee.


Annual Report Of The Electric Power Committee, J. David Prince Jan 1979

Annual Report Of The Electric Power Committee, J. David Prince

Faculty Scholarship

This is the annual report of the Electric Power Committee for 1979. It reports on legislative and judicial developments, and issues relevant to the Electric Power Committee. This report is in four parts. Part I reviews the extensive developments during 1978 under the federal air and water pollution laws. Part II briefly considers other federal developments of significance to the electric power industry. Part III is an update of last year's review of developments concerning solar energy. Part IV consists of the 1978 reports from selected states.


One Year's Environmental Litigation: 1977-78, Oscar S. Gray Jan 1979

One Year's Environmental Litigation: 1977-78, Oscar S. Gray

Faculty Scholarship

No abstract provided.


The Fox In The Chicken Coop: The Regulatory Program Of The U.S. Army Corps Of Engineers, Garrett Power May 1977

The Fox In The Chicken Coop: The Regulatory Program Of The U.S. Army Corps Of Engineers, Garrett Power

Faculty Scholarship

No abstract provided.


Interlocutory Injunctive Relief In Environmental Cases: A Primer For The Practitioner, John D. Leshy Jan 1977

Interlocutory Injunctive Relief In Environmental Cases: A Primer For The Practitioner, John D. Leshy

Faculty Scholarship

No abstract provided.


Disclosure Of Hidden Energy Demands: A New Challenge For Nepa, Michael B. Gerrard Jan 1975

Disclosure Of Hidden Energy Demands: A New Challenge For Nepa, Michael B. Gerrard

Faculty Scholarship

The specialization of the American economy obscures the identity of the ultimate users of energy, even from themselves. As a result consumers remain ignorant of the amount of energy which they use, and of the efficiency of that usage. Direct personal use of energy in the United States, such as electricity and natural gas for home heating, cooking and lighting, and gasoline for private automobiles, accounts for only about one-third of national energy use. Usage by industry and government to provide for the intermediate and final goods and services, for which we as individuals ultimately pay through our purchases and ...


The Uses Of Scientific Information In Environmental Decision Making, Marcia R. Gelpe Jan 1974

The Uses Of Scientific Information In Environmental Decision Making, Marcia R. Gelpe

Faculty Scholarship

This Article explores the response of the legal system to the uncertainty which is inherent in the scientific analysis of environmental impact. The first principle of due process is that the assignment of responsibility correspond with the actor who did in fact cause the injury. We argue that existing concepts of cause-in-fact, the foundation of liability, place potentially severe constraints on the ability of the legal system to respond to the need to minimize the risks of future environmental injury. Further, these constraints exist to some degree regardless of whether the prohibitions or restrictions take the form of adjudication, administrative ...


Section 4(F) Of The Department Of Transportation Act, Oscar S. Gray Jan 1973

Section 4(F) Of The Department Of Transportation Act, Oscar S. Gray

Faculty Scholarship

No abstract provided.


More About Oysters Than You Wanted To Know, Garrett Power Mar 1970

More About Oysters Than You Wanted To Know, Garrett Power

Faculty Scholarship

No abstract provided.