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1998

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Environmental Law

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Articles 1 - 30 of 148

Full-Text Articles in Law

Prohibiting Conduct, Not Consequences: The Limited Reach Of The Migratory Bird Treaty Act, Benjamin Means Dec 1998

Prohibiting Conduct, Not Consequences: The Limited Reach Of The Migratory Bird Treaty Act, Benjamin Means

Michigan Law Review

Dissatisfied with the protection afforded wildlife by more recent environmental laws, some environmentalists seek to reinterpret one of the oldest federal environmental laws, the Migratory Bird Treaty Act (MBTA). Long understood simply to regulate hunting, the MBTA makes it illegal to "take" or "kill" migratory birds without a permit. The MBTA imposes strict liability for a violation. A heady combination of strict liability, criminal penalty provisions, and vague language, the MBTA appeals to those seeking to control land use activity. Some environmentalists advocate an interpretation of the MBTA that, contrary to legislative intent and 80 years of enforcement practice, would …


Table Of Contents Nov 1998

Table Of Contents

Journal of Environmental and Sustainability Law

No abstract provided.


Defining The Limits Of Wetland Regulation Under The Cwa And The Commerce Clause. United States V. Wilson, Stephen S. Davis Nov 1998

Defining The Limits Of Wetland Regulation Under The Cwa And The Commerce Clause. United States V. Wilson, Stephen S. Davis

Journal of Environmental and Sustainability Law

No abstract provided.


Those Darn Little Bats: How The Endangered Species Act Halted Timber Salvage Harvests On National Forestland Once Again. Bensman V. United States Forest Service, Benjamin A. Joplin Nov 1998

Those Darn Little Bats: How The Endangered Species Act Halted Timber Salvage Harvests On National Forestland Once Again. Bensman V. United States Forest Service, Benjamin A. Joplin

Journal of Environmental and Sustainability Law

No abstract provided.


Case Summaries Nov 1998

Case Summaries

Journal of Environmental and Sustainability Law

No abstract provided.


Clean Water Act's Mens Rea Requirement: Establishing A Brighter Line Test. United States V. Sinskey, Douglas L. Mchoney Nov 1998

Clean Water Act's Mens Rea Requirement: Establishing A Brighter Line Test. United States V. Sinskey, Douglas L. Mchoney

Journal of Environmental and Sustainability Law

No abstract provided.


Reformulating Executive And Legislative Relationships After Reformulated Gasoline: What's Best For Trade And The Environment?, Scott Daniel Mcbride Oct 1998

Reformulating Executive And Legislative Relationships After Reformulated Gasoline: What's Best For Trade And The Environment?, Scott Daniel Mcbride

William & Mary Environmental Law and Policy Review

No abstract provided.


The Role Of International Equity In A Sustainable Future: The Continuing Problem Of Third World Debt And Development, Todd Johnston Oct 1998

The Role Of International Equity In A Sustainable Future: The Continuing Problem Of Third World Debt And Development, Todd Johnston

Buffalo Environmental Law Journal

No abstract provided.


Fanning The Flames Of Nimby: A Book Review Of The Promise And Peril Of Environmental Justice, Gary A. Abraham Oct 1998

Fanning The Flames Of Nimby: A Book Review Of The Promise And Peril Of Environmental Justice, Gary A. Abraham

Buffalo Environmental Law Journal

No abstract provided.


Intellectual Property, Human Rights & Sovereignty: New Dilemmas In International Law Posed By The Recognition Of Indigenous Knowledge And The Conservation Of Biodiversity, Rosemary J. Coombe Oct 1998

Intellectual Property, Human Rights & Sovereignty: New Dilemmas In International Law Posed By The Recognition Of Indigenous Knowledge And The Conservation Of Biodiversity, Rosemary J. Coombe

Indiana Journal of Global Legal Studies

No abstract provided.


Editor’S Note Oct 1998

Editor’S Note

Duke Environmental Law & Policy Forum

No abstract provided.


Self-Interest, Politics And The Environment—A Response To Professor Schroeder, Donald T. Hornstein Oct 1998

Self-Interest, Politics And The Environment—A Response To Professor Schroeder, Donald T. Hornstein

Duke Environmental Law & Policy Forum

No abstract provided.


Rational Choice Versus Republican Moment Explanations For Environmental Laws, 1969-73, Christopher H. Schroeder Oct 1998

Rational Choice Versus Republican Moment Explanations For Environmental Laws, 1969-73, Christopher H. Schroeder

Duke Environmental Law & Policy Forum

No abstract provided.


The Failure Of Risk Reform Legislation In The 104th Congress, Marc Landy, Kyle D. Dell Oct 1998

The Failure Of Risk Reform Legislation In The 104th Congress, Marc Landy, Kyle D. Dell

Duke Environmental Law & Policy Forum

No abstract provided.


Environmental Justice And Community Empowerment: Learning From The Civil Rights Movement , R. Gregory Roberts Oct 1998

Environmental Justice And Community Empowerment: Learning From The Civil Rights Movement , R. Gregory Roberts

American University Law Review

No abstract provided.


Ranking The Environmental Law, Natural Resources Law, And Land Use Planning Journals: A Survey Of Expert Opinion, Gregory Scott Crespi Oct 1998

Ranking The Environmental Law, Natural Resources Law, And Land Use Planning Journals: A Survey Of Expert Opinion, Gregory Scott Crespi

William & Mary Environmental Law and Policy Review

No abstract provided.


Trade And Domestic Protection Of Endangered Species: Peaceful Coexistence Or Continued Conflict? The Shrimp-Turtle Dispute And The World Trade Organization, Terrence P. Stewart, Mara M. Burr Oct 1998

Trade And Domestic Protection Of Endangered Species: Peaceful Coexistence Or Continued Conflict? The Shrimp-Turtle Dispute And The World Trade Organization, Terrence P. Stewart, Mara M. Burr

William & Mary Environmental Law and Policy Review

No abstract provided.


Ocean Ecosystem Stewardship, W. M. Von Zharen Oct 1998

Ocean Ecosystem Stewardship, W. M. Von Zharen

William & Mary Environmental Law and Policy Review

No abstract provided.


Strange Bedfellows Make Normal Politics: An Essay, R. Shep Melnick Oct 1998

Strange Bedfellows Make Normal Politics: An Essay, R. Shep Melnick

Duke Environmental Law & Policy Forum

No abstract provided.


Environmental Legislation And The Problem Of Collective Action, Robert V. Percival Oct 1998

Environmental Legislation And The Problem Of Collective Action, Robert V. Percival

Duke Environmental Law & Policy Forum

No abstract provided.


The Legislation Of Unintended Consequences, Rena I. Steinzor Oct 1998

The Legislation Of Unintended Consequences, Rena I. Steinzor

Duke Environmental Law & Policy Forum

No abstract provided.


The Puzzle Of Environmental Politics, Frank B. Cross, Jonathan Baert Wiener Oct 1998

The Puzzle Of Environmental Politics, Frank B. Cross, Jonathan Baert Wiener

Duke Environmental Law & Policy Forum

No abstract provided.


Pangloss Was Right: Reforming Congress Is Useless, Expensive, Or Harmful, Michael C. Munger Oct 1998

Pangloss Was Right: Reforming Congress Is Useless, Expensive, Or Harmful, Michael C. Munger

Duke Environmental Law & Policy Forum

No abstract provided.


"Arranger Liability" Under The Comprehensive Environmental Response, Compensation, And Liability Act (Cercla): Judicial Retreat From Legislative Intent, David W. Lannetti Oct 1998

"Arranger Liability" Under The Comprehensive Environmental Response, Compensation, And Liability Act (Cercla): Judicial Retreat From Legislative Intent, David W. Lannetti

William & Mary Law Review

No abstract provided.


The Commerce Clause Meets The Delhi Sands Flower-Loving Fly, John Copeland Nagle Oct 1998

The Commerce Clause Meets The Delhi Sands Flower-Loving Fly, John Copeland Nagle

Michigan Law Review

The protagonist in our story has six legs, is one inch long, and dies two weeks after it emerges from the ground. To the untrained eye, the Delhi Sands Flower-Loving Fly looks like, well, a big fly. Entomologists know better. This particular fly can hover like a hummingbird as it uses its long tubular nose to extract nectar from flowers. It can only live in particular fine soils - the Delhi sands - that appear in patches over a forty square mile stretch from Colton to Ontario, California. Today only a few hundred Delhi Sands Flower-Loving Flies survive in less …


Singapore's Environmental Management System: Strengths And Weaknesses And Recommendations For The Years Ahead, Douglas L. Tookey Oct 1998

Singapore's Environmental Management System: Strengths And Weaknesses And Recommendations For The Years Ahead, Douglas L. Tookey

William & Mary Environmental Law and Policy Review

No abstract provided.


United Water New Mexico, Inc. V. New Mexico Public Utility Commission: Why Rules Governing The Condemnation And Municipalization Of Water Utilities May Not Apply To Electric Utilities, Thomas Smidt Iii Oct 1998

United Water New Mexico, Inc. V. New Mexico Public Utility Commission: Why Rules Governing The Condemnation And Municipalization Of Water Utilities May Not Apply To Electric Utilities, Thomas Smidt Iii

Natural Resources Journal

No abstract provided.


Contesting Legal Procedures Of Risk Management In Belgium: A Case Study, Tomke Lask Sep 1998

Contesting Legal Procedures Of Risk Management In Belgium: A Case Study, Tomke Lask

RISK: Health, Safety & Environment (1990-2002)

Dr. Lask evaluates legal procedures for dealing with siting problems in Belgium in the context of an actual conflict, and discusses how citizens' dissatisfaction with governmental systems has resulted in increased involvement in environmental issues.


A Uniform Approach For Determining Arranger Liability Under Cercla, Maralyn Milne Reger Sep 1998

A Uniform Approach For Determining Arranger Liability Under Cercla, Maralyn Milne Reger

BYU Law Review

No abstract provided.


Beyond The Usual Suspects: The Use Of Citizens Advisory Boards In Environmental Decisionmaking, John S. Applegate Jul 1998

Beyond The Usual Suspects: The Use Of Citizens Advisory Boards In Environmental Decisionmaking, John S. Applegate

Indiana Law Journal

No abstract provided.