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

Law Commons

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

Articles 1 - 13 of 13

Full-Text Articles in Law

Exclusive Sovereignty Versus Sustainable Development Of A Shared Resource: The Dilemma Of Latin American Rainforest Management, A. Dan Tarlock Mar 1997

Exclusive Sovereignty Versus Sustainable Development Of A Shared Resource: The Dilemma Of Latin American Rainforest Management, A. Dan Tarlock

All Faculty Scholarship

No abstract provided.


Safe Drinking Water: A Federalism Perspective, A. Dan Tarlock Mar 1997

Safe Drinking Water: A Federalism Perspective, A. Dan Tarlock

All Faculty Scholarship

No abstract provided.


The Influence Of International Environmental Law On United States Pollution Control Law (Symposium), A. Dan Tarlock Mar 1997

The Influence Of International Environmental Law On United States Pollution Control Law (Symposium), A. Dan Tarlock

All Faculty Scholarship

No abstract provided.


The Missouri River: The Paradox Of Conflict Without Scarcity, A. Dan Tarlock Mar 1997

The Missouri River: The Paradox Of Conflict Without Scarcity, A. Dan Tarlock

All Faculty Scholarship

No abstract provided.


Two Cheers For Shifting The Presumption Of Validity: A Reply To Professor Hopperton (With D. Mandelker), A. Dan Tarlock Mar 1997

Two Cheers For Shifting The Presumption Of Validity: A Reply To Professor Hopperton (With D. Mandelker), A. Dan Tarlock

All Faculty Scholarship

No abstract provided.


Book Review Of Environment And The Law: A Dictionary, James S. Heller Jan 1997

Book Review Of Environment And The Law: A Dictionary, James S. Heller

Library Staff Publications

No abstract provided.


The Statutory And Constitutional Mandate For A No Surprises Policy, Fred P. Bosselman Jan 1997

The Statutory And Constitutional Mandate For A No Surprises Policy, Fred P. Bosselman

All Faculty Scholarship

No abstract provided.


Country/Region Reports -- United States Of America, Linda A. Malone Jan 1997

Country/Region Reports -- United States Of America, Linda A. Malone

Faculty Publications

No abstract provided.


Refracting The Spectrum Of Clean Water Act Standing In Light Of Lujan V. Defenders Of Wildlife, Karl S. Coplan Jan 1997

Refracting The Spectrum Of Clean Water Act Standing In Light Of Lujan V. Defenders Of Wildlife, Karl S. Coplan

Elisabeth Haub School of Law Faculty Publications

First, this article will review the impetus and purposes for the Clean Water Act of 1972, including its citizen suit provision, particularly as these purposes relate to the elimination of specific harm or causation requirements in enforcement actions under its provisions. Second, this article will briefly review the basic elements of Article III standing requirements as enunciated by the Supreme Court, and the development of Supreme Court standing doctrine in environmental cases leading up to and including the Defenders of Wildlife decision. Then the article will survey the various approaches courts have taken in applying Article III standing doctrine to …


Attaining Systems For Sustainability Through Environmental Law, Nicholas A. Robinson Jan 1997

Attaining Systems For Sustainability Through Environmental Law, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

Five years have passed since the historic Earth Summit. Although significant progress has been made since Rio, much remains to be done. Poverty and environment degradation continue to affect the lives of millions of people in many parts of the world. Global warming, the loss of biological diversity, the spread of deserts, deforestation, the crisis in many of our cities remind us every day of the challenges which confront us. The unsustainable patterns of consumption and production continue to be the major cause of environmental degradation worldwide. This is therefore not an occasion for complacency or mindless celebration. It is, …


Basic Brownfields, Becky Jacobs Jan 1997

Basic Brownfields, Becky Jacobs

College of Law Faculty Scholarship

It seems as if everyone is talking about brownfields these days. You hear about brownfields on the news, and you can select from a variety of books and articles on the subject. Brownfields forums and seminars are being organized nationwide. Government agencies and officials at all levels consider brownfields a top priority. President Bill Clinton even remarked upon the issue in his 1997 State of the Union Address: "We should restore contaminated urban land and buildings to productive use." This article is a basic guide to the brownfields problem. It will define the problem and will attempt to identify the …


Territoriality, Risk Perception, And Counterproductive Legal Structures: The Case Of Waste Facility Siting, Michael B. Gerrard Jan 1997

Territoriality, Risk Perception, And Counterproductive Legal Structures: The Case Of Waste Facility Siting, Michael B. Gerrard

Faculty Scholarship

The siting of hazardous and nuclear waste facilities has proven to be a task of enormous difficulty in our federal system. In this Article, the Author argues that one of the major causal factors for this difficulty is that the legal regime surrounding waste facility siting decisions is not structured in a manner sensitive to the human factors involved. The siting of a hazardous waste facility is likely to generate a negative community response where the imposition of externally made decisions and externally generated wastes fails to take into account the innate human trait of territoriality. Territoriality is a powerful …


Protecting The Environment: Finding The Balance Between Delaney And Free Play, Geoffrey C. Hazard Jr., Howard C. Kunreuther Jan 1997

Protecting The Environment: Finding The Balance Between Delaney And Free Play, Geoffrey C. Hazard Jr., Howard C. Kunreuther

All Faculty Scholarship

No abstract provided.