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Articles 1 - 3 of 3
Full-Text Articles in Law
Harnessing Information Technology To Improve The Environmental Impact Review Process, Michael B. Gerrard, Michael Herz
Harnessing Information Technology To Improve The Environmental Impact Review Process, Michael B. Gerrard, Michael Herz
Faculty Scholarship
In 1970, when the National Environmental Policy Act (NEPA) was enacted, the new and exciting information management technologies were the handheld four-function calculator and the eight-track tape cassette. Three decades later, after the personal computer, the digital revolution, and the World Wide Web, the implementation of NEPA is still stuck in the world of 1970. Other aspects of the bureaucracy have seen reform-the E-Government Strategy, an E-Government Act, the creation of a new Office of Electronic Government within the Office of Management and Budget (OMB), and, to focus on the environmental arena, the breathtaking success of the web-based Toxic Release …
Disasters First: Rethinking Environmental Law After September 11, Michael B. Gerrard
Disasters First: Rethinking Environmental Law After September 11, Michael B. Gerrard
Faculty Scholarship
Many environmental statutes were enacted, or at least spurred along, in direct response to disasters. The Federal Water Pollution Control Act of 1972 followed from the Santa Barbara Oil Spill; the Emergency Planning and Community Right-to-Know Act (EPCRA) resulted from the chemical gas disaster in Bhopal, India; the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) was sparked by the Love Canal incident; and the Oil Pollution Acte was a reaction to the Exxon Valdez oil spill.
The terrorist attacks of September 11, 2001 have led to the Homeland Security Act and to several other enactments. The collapse of the …
Private Lawyers And Environmental Justice, Michael B. Gerrard
Private Lawyers And Environmental Justice, Michael B. Gerrard
Faculty Scholarship
A private lawyer representing a private client is seldom a crusader. When environmental justice is relevant to a particular matter – the client proposes to build a facility and engages the lawyer to help secure necessary governmental approvals, for example-the lawyer's primary duty must be to the client.
The client in such a case faces two primary types of questions: substantive, such as where and how to build the facility; and procedural, deciding what processes to follow and how much to involve the community in the planning. Typically, by the time the lawyer is brought in, the client already has …