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Articles 1 - 27 of 27
Full-Text Articles in Law
Bay Area's First Environmental Law Clinic To Open In January
Bay Area's First Environmental Law Clinic To Open In January
Press Releases
No abstract provided.
Environmental Law In The Supreme Court: Highlights From The Marshall Papers, Robert V. Percival
Environmental Law In The Supreme Court: Highlights From The Marshall Papers, Robert V. Percival
Faculty Scholarship
Justice Marshall served on the Court from 1967 until 1991. During that period, Congress passed all of the major federal environmental statutes and environmental regulation mushroomed. As a result, the Marshall papers reveal how the Court reached decisions that have shaped modern environmental law. The author, a former law clerk to former Justice Byron White and an associate professor of law at the University of Maryland, begins by describing the history of the Court's treatment of environmental disputes. He then discusses the steps the Justices take in deciding whether to accept cases for review; in reaching decisions on the merits …
Protection, Not Protectionism: Multilateral Environmental Agreements And The Gatt, Betsy Baker
Protection, Not Protectionism: Multilateral Environmental Agreements And The Gatt, Betsy Baker
Vanderbilt Journal of Transnational Law
In this Article, Dean Baker examines the compatibility of multilateral environmental agreements with the provisions of the General Agreement on Tariffs and Trade (GATT). The author discusses the key provisions of the Basel Convention on the Control of Transboundary Movements of Hazardous Waste, the Montreal Protocol on Substances that Deplete the Ozone Layer, the United Nations Framework Convention on Climate Change, and the GATT. The author then reviews the conflict between unilateral environmental protection and open and free trade under the GATT. The author concludes the collective interests represented by international environmental agreements, and the agreements themselves, should provide a …
The Environmental Laws And Policies Of Taiwan: A Comparative Law Perspective, Dennis T. Tang
The Environmental Laws And Policies Of Taiwan: A Comparative Law Perspective, Dennis T. Tang
Vanderbilt Journal of Transnational Law
This Article discusses the development of environmental regulation and preservation in Taiwan in light of United States environmental law. The Article begins with a discussion of how few measures have been enacted to protect the Taiwanese environment. It then illuminates some of the problems with the Taiwanese environmental regulations that do exist. According to the author, some of these problems include: ambiguous and conflicting goals enunciated in the legislation; political pressures on the authorities influencing environmental policies; poor enforcement mechanisms; a legislative bias in favor of regulating new sources of pollution and against enforcing regulations in the case of old …
The Role Of The Illinois Attorney General In Environmental Enforcement, Roland W. Burris, Diane L. Rosenfeld
The Role Of The Illinois Attorney General In Environmental Enforcement, Roland W. Burris, Diane L. Rosenfeld
Northern Illinois University Law Review
In this article, the authors explain the critical role of the Attorney General in the enforcement of Illinois' environmental laws. Improvements made in the attorney-client relationship between the Attorney General's Office and the Illinois Environmental Protection Agency have led to streamlined enforcement of cases and a stronger prioritization of environmental matters. Attorney General Burris' hands-on management style in prosecuting environmental violations and formulating initiatives to strengthen enforcement is explained. The first part of the article describes the responsibilities and function of the Attorney General as chief legal officer for the State in his representation of State agencies and as lawyer …
Disclosure Of Environmental Liabilities Under The Securities Laws: The Potential Of Securities-Market-Based Incentives For Pollution Control , Perry E. Wallace
Disclosure Of Environmental Liabilities Under The Securities Laws: The Potential Of Securities-Market-Based Incentives For Pollution Control , Perry E. Wallace
Washington and Lee Law Review
No abstract provided.
A Healthy And Ecologically Balanced Environment: An Argument For A Third Generation Right, Jennifer A. Downs
A Healthy And Ecologically Balanced Environment: An Argument For A Third Generation Right, Jennifer A. Downs
Duke Journal of Comparative & International Law
No abstract provided.
Night The Water Of Changing Tides: Coastal Zone Management After Lucas V. South Carolina Coastal Council, Perrin Q. Dargan
Night The Water Of Changing Tides: Coastal Zone Management After Lucas V. South Carolina Coastal Council, Perrin Q. Dargan
South Carolina Law Review
No abstract provided.
Toward The Twenty-First Century: A Canadian Legal Perspective On Resource And Environmental Law, Constance D. Hunt
Toward The Twenty-First Century: A Canadian Legal Perspective On Resource And Environmental Law, Constance D. Hunt
Osgoode Hall Law Journal
This paper surveys existing and emerging Canadian approaches to environmental and resource management issues, and assesses the strengths and weaknesses of some of our past and current approaches. It considers the challenges posed by the fact that Canada is a federal state as illustrated by jurisdictional competition regarding environmental assessment. The successful utilization of cooperative strategies is considered and examples are given of new problems that need to be addressed. Difficulties faced by governmental, judicial, and administrative bodies are surveyed. Examples are given of emerging legislative strategies. It is concluded that, while much change is apparent, it is far from …
Environmental And Resource Law In Australia, Ben Boer
Environmental And Resource Law In Australia, Ben Boer
Osgoode Hall Law Journal
This article outlines the development of environmental and resource law in Australia and explores its constitutional and political setting. The need for a national approach to the environment within the context of Australia as a federally organized country is recognized, particularly with regard to Australia's international obligations and the fact that environmental issues span state, territory, and/or national boundaries. It is argued that, to date, federal action with respect to the environment does not satisfactorily demonstrate the emergence of a national environmental strategy. However, the recent Intergovernmental Agreement on the Environment, signed by the state and federal governments in 1992, …
The Preemption Of State Hazardous And Solid Waste Regulations: The Dormant Commerce Clause Awakens Once More, Michael P. Healy
The Preemption Of State Hazardous And Solid Waste Regulations: The Dormant Commerce Clause Awakens Once More, Michael P. Healy
Law Faculty Scholarly Articles
Last term, for the first time since its watershed decision in Philadelphia v. New Jersey, the Supreme Court considered the extent to which the Commerce Clause of the United States Constitution constrains a state's ability to regulate the disposal of hazardous and solid waste within its borders. In two cases, Chemical Waste Management, Inc. v. Hunt and Fort Gratiot Sanitary Landfill, Inc. v. Michigan Department of Natural Resources, the Supreme Court acted to limit substantially states’ ability to respond independently to the crisis of solid and hazardous waste disposal. The Article describes the harmful impact of the Court's …
Primer On Federal Facility Compliance With Environmental Laws: Where Do We Go From Here?, Nelson D. Cary
Primer On Federal Facility Compliance With Environmental Laws: Where Do We Go From Here?, Nelson D. Cary
Washington and Lee Law Review
No abstract provided.
In Defense Of Environmental Rights In East European Constitutions, Elizabeth F. Brown
In Defense Of Environmental Rights In East European Constitutions, Elizabeth F. Brown
Elizabeth F Brown
This Article analyzes how the environmental rights in East European constitutions could have been drafted to make them enforceable, rather than merely aspirational.
Natural Resources Policy And Law: Trends And Directions, Lawrence J. Macdonnell, Sarah F. Bates
Natural Resources Policy And Law: Trends And Directions, Lawrence J. Macdonnell, Sarah F. Bates
Books, Reports, and Studies
This digital resource contains only an abstract, cover image and table of contents information from the published book.
Print copy of book is available in the University of Colorado’s Wise Law Library: http://lawpac.colorado.edu/record=b143382~S0
Contents: Rethinking resources : reflections on a new generation of natural resources law and policy / Lawrence J. MacDonnell, Sarah F. Bates -- Natural resources law : an historical perspective / Clyde O. Martz -- Trends in public land law : (a title the inaccuracy of which should become manifest) / George Cameron Coggins -- Mineral law in the United States : a study in legal change …
Liability Of Institutional Trustees Under Cercla, Michele B. Corash, Robert J. Reinhard
Liability Of Institutional Trustees Under Cercla, Michele B. Corash, Robert J. Reinhard
Duke Environmental Law & Policy Forum
No abstract provided.
Reducing Greenhouse Gases: A Combined Strategy Using Fees, Permits, And Country Commitments, Donald M. Goldberg
Reducing Greenhouse Gases: A Combined Strategy Using Fees, Permits, And Country Commitments, Donald M. Goldberg
Duke Environmental Law & Policy Forum
No abstract provided.
Full Disclosure: Financial Statement Disclosures Under Cercla, Stuart B. Frankel
Full Disclosure: Financial Statement Disclosures Under Cercla, Stuart B. Frankel
Duke Environmental Law & Policy Forum
No abstract provided.
Identifying And Beating A Strategic Lawsuit Against Public Participation, Dwight H. Merriam, Jeffrey A. Benson
Identifying And Beating A Strategic Lawsuit Against Public Participation, Dwight H. Merriam, Jeffrey A. Benson
Duke Environmental Law & Policy Forum
No abstract provided.
Recycling: A Report From The Laboratories, Steven P. Reynolds
Recycling: A Report From The Laboratories, Steven P. Reynolds
Villanova Environmental Law Journal
No abstract provided.
Medical Waste Regulation: Recommendations For Cleaning Up The Mess, Howard J. Young
Medical Waste Regulation: Recommendations For Cleaning Up The Mess, Howard J. Young
Duke Environmental Law & Policy Forum
No abstract provided.
The Earth As Eggshell Victim: A Global Perspective On Domestic Regulation, Alfred C. Aman
The Earth As Eggshell Victim: A Global Perspective On Domestic Regulation, Alfred C. Aman
Articles by Maurer Faculty
In the now famous case of Vosburg v. Putney, the Wisconsin Court enunciated the common law doctrine since known as the "eggshell skull" or "thin skull" rule: you take your victim as you find him. The thin skull rule is a productive starting point for a dialogue on the place of law in any effort to control (or reverse) the cumulative damage to the planet's ecosystem. Any such dialogue requires a global perspective that fuses international and domestic approaches to law. Environmental law must assess not only the level of assault against the earth, but also the risk of the …
Wild Dunes And Serbonian Bogs: The Impact Of The Lucas Decision On Shoreline Protection Programs, Richard C. Ausness
Wild Dunes And Serbonian Bogs: The Impact Of The Lucas Decision On Shoreline Protection Programs, Richard C. Ausness
Law Faculty Scholarly Articles
In Lucas v. South Carolina Coastal Council, the United Supreme Court was forced once again to delve into the law of regulatory takings. This experience is seldom a pleasant one. Echoing the poet John Milton, an exasperated state court judge once described takings law as a “Serbonian Bog.” Unfortunately, the takings doctrine is only slightly more comprehensible after the Lucas decision than it was before. Nevertheless, progress in this area, however modest, deserves praise, and the Court is to be commended for clarifying one aspect of takings jurisprudence. As a result of Lucas a “categorical rule” has been announced …
Judicial Review And Cercla Response Actions: Interpretive Strategies In The Face Of Plain Meaning, Michael P. Healy
Judicial Review And Cercla Response Actions: Interpretive Strategies In The Face Of Plain Meaning, Michael P. Healy
Law Faculty Scholarly Articles
This Article examines the role courts play under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) in cleaning up releases of hazardous substances. Congress intended the courts to have an important role in implementing the cleanup process-particularly in defining the scope of liability for CERCLA cleanups. But Congress also included a broadly-worded provision that forecloses federal judicial review of CERCLA cleanups unless the review action falls within several narrowly-defined exceptions.
Notwithstanding the terms of the provision foreclosing review, litigants have turned to the courts, asserting that immediate review should be available in cases beyond those exceptional proceedings. Those asserting …
Beyond The Spotted Owl Problem: Learning From The Old-Growth Controversy, Alyson C. Flournoy
Beyond The Spotted Owl Problem: Learning From The Old-Growth Controversy, Alyson C. Flournoy
UF Law Faculty Publications
This Article is a case study of a single controversy that has been raging in the Pacific Northwest: the now infamous dispute over logging in publicly owned old-growth forests and the attendant threat to the northern spotted owl. The spotted owl, confronting extinction, sits at the center of the controversy, but the debate extends far beyond the fate of the owl, raising issues about the intrinsic value of unique and native ecosystems and the long-term consequences of logging practices on our public lands on the one hand, and about the costs of environmental protection and economic transition on the other.
The Other Ninety-Six Percent, John C. Dernbach
The Global Environment Facility: Financing The Treaty Obligations Of Developing Nations, John C. Dernbach
The Global Environment Facility: Financing The Treaty Obligations Of Developing Nations, John C. Dernbach
John C. Dernbach
No abstract provided.
Special Committee On Global Climate: 1992 Annual Report, Alan Miller, David R. Hodas, David Doniger
Special Committee On Global Climate: 1992 Annual Report, Alan Miller, David R. Hodas, David Doniger
David R. Hodas
No abstract provided.