Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

1993

Environmental law

Discipline
Institution
Publication
Publication Type

Articles 1 - 22 of 22

Full-Text Articles in Law

Bay Area's First Environmental Law Clinic To Open In January Dec 1993

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 Oct 1993

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 ...


Disclosure Of Environmental Liabilities Under The Securities Laws: The Potential Of Securities-Market-Based Incentives For Pollution Control , Perry E. Wallace Jun 1993

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.


The Preemption Of State Hazardous And Solid Waste Regulations: The Dormant Commerce Clause Awakens Once More, Michael P. Healy Apr 1993

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 ...


A Healthy And Ecologically Balanced Environment: An Argument For A Third Generation Right, Jennifer A. Downs Apr 1993

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.


Primer On Federal Facility Compliance With Environmental Laws: Where Do We Go From Here?, Nelson D. Cary Mar 1993

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 Jan 1993

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.


Judicial Review And Cercla Response Actions: Interpretive Strategies In The Face Of Plain Meaning, Michael P. Healy Jan 1993

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 ...


Wild Dunes And Serbonian Bogs: The Impact Of The Lucas Decision On Shoreline Protection Programs, Richard C. Ausness Jan 1993

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 that ...


Natural Resources Policy And Law: Trends And Directions, Lawrence J. Macdonnell, Sarah F. Bates Jan 1993

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 / Lawrence J. MacDonnell ...


Liability Of Institutional Trustees Under Cercla, Michele B. Corash, Robert J. Reinhard Jan 1993

Liability Of Institutional Trustees Under Cercla, Michele B. Corash, Robert J. Reinhard

Duke Environmental Law & Policy Forum

No abstract provided.


Identifying And Beating A Strategic Lawsuit Against Public Participation, Dwight H. Merriam, Jeffrey A. Benson Jan 1993

Identifying And Beating A Strategic Lawsuit Against Public Participation, Dwight H. Merriam, Jeffrey A. Benson

Duke Environmental Law & Policy Forum

No abstract provided.


Reducing Greenhouse Gases: A Combined Strategy Using Fees, Permits, And Country Commitments, Donald M. Goldberg Jan 1993

Reducing Greenhouse Gases: A Combined Strategy Using Fees, Permits, And Country Commitments, Donald M. Goldberg

Duke Environmental Law & Policy Forum

No abstract provided.


Medical Waste Regulation: Recommendations For Cleaning Up The Mess, Howard J. Young Jan 1993

Medical Waste Regulation: Recommendations For Cleaning Up The Mess, Howard J. Young

Duke Environmental Law & Policy Forum

No abstract provided.


Overcoming Interpretive Formalism: Legislative Reversals Of Judicial Constructions Of Sovereign Immunity Waivers In The Environmental Statutes, Robert V. Percival Jan 1993

Overcoming Interpretive Formalism: Legislative Reversals Of Judicial Constructions Of Sovereign Immunity Waivers In The Environmental Statutes, Robert V. Percival

Urban Law Annual ; Journal of Urban and Contemporary Law

This Article argues that the pattern of legislative reversals of Supreme Court decisions indicates that the judiciary has been interpreting the environmental statutes by applying principles of statutory construction that are ill suited to a public law regime. The Article describes why this has impeded the implementation and enforcement of public law, focusing on the DOE v. Ohio decision and the traditional rule that waivers of sovereign immunity should be narrowly construed. Part I discusses the history of efforts to subject public entities to the environmental laws. Part II examines enforcement problems at federal facilities. The article then analyzes the ...


Full Disclosure: Financial Statement Disclosures Under Cercla, Stuart B. Frankel Jan 1993

Full Disclosure: Financial Statement Disclosures Under Cercla, Stuart B. Frankel

Duke Environmental Law & Policy Forum

No abstract provided.


Recycling: A Report From The Laboratories, Steven P. Reynolds Jan 1993

Recycling: A Report From The Laboratories, Steven P. Reynolds

Villanova Environmental Law Journal

No abstract provided.


Beyond The Spotted Owl Problem: Learning From The Old-Growth Controversy, Alyson C. Flournoy Jan 1993

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 Earth As Eggshell Victim: A Global Perspective On Domestic Regulation, Alfred C. Aman Jan 1993

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 Other Ninety-Six Percent, John C. Dernbach Dec 1992

The Other Ninety-Six Percent, John C. Dernbach

John C. Dernbach

No abstract provided.


Special Committee On Global Climate: 1992 Annual Report, Alan Miller, David R. Hodas, David Doniger Dec 1992

Special Committee On Global Climate: 1992 Annual Report, Alan Miller, David R. Hodas, David Doniger

David R. Hodas

No abstract provided.


The Global Environment Facility: Financing The Treaty Obligations Of Developing Nations, John C. Dernbach Dec 1992

The Global Environment Facility: Financing The Treaty Obligations Of Developing Nations, John C. Dernbach

John C. Dernbach

No abstract provided.