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

1995

Duke Law

Environmental

Articles 1 - 4 of 4

Full-Text Articles in Law

Combatting The Exotic Species Invasion: The Role Of Tort Liability, Daniel P. Larsen Jan 1995

Combatting The Exotic Species Invasion: The Role Of Tort Liability, Daniel P. Larsen

Duke Environmental Law & Policy Forum

Introduction Present-day island and continental ecosystems began evolving millions of years before the human species appeared. These ecosystems became distinct as they developed in isolation from one another, due to natural barriers between them. Within the last 150 years, however, technology has enabled humanity to easily bridge continents and reach secluded islands. As a result, modern human vectors of transport are introducing exotic species 1 into ecosystems that have evolved autonomously for millions of years. Often, these non-native, immigrant species impact wildlife and ecosystem interactions so severely that they may be thought of as deadly "pollutants." Traditionally, environmental laws have …


The Regulation Of Hazardous Substances In Mexican Law, Carl E. Koller Lucio Jan 1995

The Regulation Of Hazardous Substances In Mexican Law, Carl E. Koller Lucio

Duke Environmental Law & Policy Forum

Introduction Unlike U.S. environmental legislation, which governs different environmental media and was instituted through various congressional Acts, 1 the current Mexican environmental legislation, implemented in 1988, covers the principal environmental media in one law. 2 This one law contains most of the implementation and enforcement mechanisms including the regulation of hazardous substances. There has been much debate and concern on both sides of the United States-Mexican border regarding Mexico's ability to strictly enforce its hazardous substance regulations. Furthermore, the North American Free Trade Agreement, which established an international Commission on Environmental Quality, will influence future use of trade laws to …


C & A Carbone V. Clarkstown: A Wake-Up Call For The Dormant Commerce Clause, Rachel D. Baker Jan 1995

C & A Carbone V. Clarkstown: A Wake-Up Call For The Dormant Commerce Clause, Rachel D. Baker

Duke Environmental Law & Policy Forum

Introduction Garbage collection, transportation, and disposal have historically been the responsibility of individual towns and cities in the United States. 1 However, stringent environmental regulations, declining landfill capacity, and the implementation of costly source reduction and recycling programs have greatly increased the costs of waste management borne by towns. 2 For the past two decades, many local governments have relied on "flow control" ordinances to finance their solid waste management activities. 3 These ordinances designate where municipal solid waste generated within the community must be managed, stored, or disposed. 4 Recently, in C & A Carbone, Inc. v. Town of …


A Transnational Perspective On Extending Nepa: The Convention On Environmental Impact On Assessment In A Transboundary Context, Laura Carlan Battle Jan 1995

A Transnational Perspective On Extending Nepa: The Convention On Environmental Impact On Assessment In A Transboundary Context, Laura Carlan Battle

Duke Environmental Law & Policy Forum

Introduction In recent years, the potential adverse impacts of transboundary pollution have received heightened attention both domestically and abroad. 1 International pollution may detrimentally affect outer space, the atmosphere, the oceans, the weather, and possibly the climate, freshwater bodies, groundwater aquifers, farmland, cultural heritage, and life forms. 2 Specific pollution threats include acid deposition, nuclear contamination, debris in outer space, stratospheric ozone depletion, and toxic petroleum spills. The Chernobyl nuclear power plant accident, on April 26, 1986, raised the world's consciousness about the potentially devastating effects of transboundary nuclear pollution. 3 Given this backdrop and the emerging interdependence of nations, …