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Articles 1 - 30 of 123
Full-Text Articles in Law
Table Of Contents
Journal of Environmental and Sustainability Law
No abstract provided.
Nepa's Procedural Requirements: Fact Or Fiction? Kuff V. United States Forest Service , Brian Laflamme
Nepa's Procedural Requirements: Fact Or Fiction? Kuff V. United States Forest Service , Brian Laflamme
Journal of Environmental and Sustainability Law
No abstract provided.
Citizen Suits And The Clean Water Act: Has Article Iii Become A Permanent Roadblock To Private Enforcement? Natural Resources Defense Council V. Southwest Marine, Inc. , Brett A. Williams
Citizen Suits And The Clean Water Act: Has Article Iii Become A Permanent Roadblock To Private Enforcement? Natural Resources Defense Council V. Southwest Marine, Inc. , Brett A. Williams
Journal of Environmental and Sustainability Law
No abstract provided.
Right-To-Farm Statute Runs A 'Foul' With The Fifth Amendment's Taking Clause. Bormann V. Board Of Supervisors In And For Kossuth County, William C. Robinson
Right-To-Farm Statute Runs A 'Foul' With The Fifth Amendment's Taking Clause. Bormann V. Board Of Supervisors In And For Kossuth County, William C. Robinson
Journal of Environmental and Sustainability Law
No abstract provided.
Missouri's Single-Subject Rule: A Legal Tool To Block Environmental Legislation? National Solid Waste Ass'n, Et Al. V. Director Of The Department Of Natural Resources, Harold Stearley
Journal of Environmental and Sustainability Law
No abstract provided.
Splitting The Baby: Apportioning Environmental Liability Among Triggered Insurance Policies, Rebecca M. Bratspies
Splitting The Baby: Apportioning Environmental Liability Among Triggered Insurance Policies, Rebecca M. Bratspies
BYU Law Review
No abstract provided.
Is The Clean Air Act Unconstitutional?, Cass R. Sunstein
Is The Clean Air Act Unconstitutional?, Cass R. Sunstein
Michigan Law Review
This Article deals with two linked questions. The first involves the future of the Clean Air Act. The particular concern is how the Environmental Protection Agency ("EPA") might be encouraged, with help from reviewing courts, to issue better ambient air quality standards, and in the process to shift from some of the anachronisms of 1970s environmentalism to a more fruitful approach to environmental protection. The second question involves the role of the nondelegation doctrine in American public law, a doctrine that shows unmistakable signs of revival. I will suggest that improved performance by EPA and agencies in general, operating in …
Human Rights, Environment & Community: A Workshop: Presentation By Joseph Hill, Joseph Hill
Human Rights, Environment & Community: A Workshop: Presentation By Joseph Hill, Joseph Hill
Buffalo Environmental Law Journal
No abstract provided.
Linking Human Rights, Rights Of Indigenous People And The Environment, Sevine Ercmann
Linking Human Rights, Rights Of Indigenous People And The Environment, Sevine Ercmann
Buffalo Environmental Law Journal
No abstract provided.
Environmentalism, Human Rights And Indigenous Peoples: A Tale Of Converging And Diverging Interests, S. James Anaya
Environmentalism, Human Rights And Indigenous Peoples: A Tale Of Converging And Diverging Interests, S. James Anaya
Buffalo Environmental Law Journal
No abstract provided.
"We Have Met The Enemy…" A Book Review Of Sustainable America: America's Environment, Economy, And Society In The 21st Century, David Hahn-Baker
"We Have Met The Enemy…" A Book Review Of Sustainable America: America's Environment, Economy, And Society In The 21st Century, David Hahn-Baker
Buffalo Environmental Law Journal
No abstract provided.
Human Rights, Environment & Community: A Workshop: Presentation By Neil A.F. Popovic, Neil A.F. Popovic
Human Rights, Environment & Community: A Workshop: Presentation By Neil A.F. Popovic, Neil A.F. Popovic
Buffalo Environmental Law Journal
No abstract provided.
Concepts Of Community In Environmental Disputes: Farmersville And Western New York's Garbage Wars, Gary Abraham
Concepts Of Community In Environmental Disputes: Farmersville And Western New York's Garbage Wars, Gary Abraham
Buffalo Environmental Law Journal
No abstract provided.
Human Rights, Environment And The Ogoni: Strategies For Non-Governmental Organizations, Claude Welch
Human Rights, Environment And The Ogoni: Strategies For Non-Governmental Organizations, Claude Welch
Buffalo Environmental Law Journal
No abstract provided.
Property Rights Solutions For The Global Commons: Bottom-Up Or Top-Down?, Terry L. Anderson, J. Bishop Grewell
Property Rights Solutions For The Global Commons: Bottom-Up Or Top-Down?, Terry L. Anderson, J. Bishop Grewell
Duke Environmental Law & Policy Forum
No abstract provided.
International Cooperation And The International Commons, Scott Barrett
International Cooperation And The International Commons, Scott Barrett
Duke Environmental Law & Policy Forum
No abstract provided.
The Kyoto Protocol And The Wto: Integrating Greenhouse Gas Emissions Allowance Trading Into The Global Marketplace, Annie Petsonk
The Kyoto Protocol And The Wto: Integrating Greenhouse Gas Emissions Allowance Trading Into The Global Marketplace, Annie Petsonk
Duke Environmental Law & Policy Forum
No abstract provided.
Understanding Causation And Threshold Of Release In Cercla Liability: The Difference Between Single- And Multi-Polluter Contexts, Aaron Cooper
Vanderbilt Law Review
Toxic waste has become an increasing public health problem in America.' Congress enacted the Comprehensive Environmental Response, Compensation and Liability Act CCERCLA" or "the Ace) in 1980, as a means to improve the efficiency of hazardous waste site cleanups. CERCLA encourages parties to clean up toxic sites by allowing those parties to recover response costs from potentially responsible parties (TRPs"). To accomplish this goal, CERCLA contains an expansive liability scheme that imposes strict liability on, among others, a party that has released or threatened release of a toxic substance that has caused or may cause the incurrence of response costs. …
Un-Neighborly Conduct: Why Can't Virginia Beach And North Carolina Be Friends?, Paul Schmidt
Un-Neighborly Conduct: Why Can't Virginia Beach And North Carolina Be Friends?, Paul Schmidt
William & Mary Environmental Law and Policy Review
No abstract provided.
Dealing With A Non-Ergodic World: Institutional Economics, Property Rights, And The Global Environment, Douglass C. North
Dealing With A Non-Ergodic World: Institutional Economics, Property Rights, And The Global Environment, Douglass C. North
Duke Environmental Law & Policy Forum
No abstract provided.
Grasping For The Heavens: 3-D Property Rights And The Global Commons, Bruce Yandle
Grasping For The Heavens: 3-D Property Rights And The Global Commons, Bruce Yandle
Duke Environmental Law & Policy Forum
No abstract provided.
Expanding The Choices For The Global Commons: Comparing Newfangled Tradable Allowance Schemes To Old-Fashioned Common Property Regimes, Carol M. Rose
Expanding The Choices For The Global Commons: Comparing Newfangled Tradable Allowance Schemes To Old-Fashioned Common Property Regimes, Carol M. Rose
Duke Environmental Law & Policy Forum
No abstract provided.
Clearing The Air: Four Propositions About Property Rights And Environmental Protection, Daniel H. Cole
Clearing The Air: Four Propositions About Property Rights And Environmental Protection, Daniel H. Cole
Duke Environmental Law & Policy Forum
No abstract provided.
Enforcing International Law: Implications For An Effective Global Warming Regime, David G. Victor
Enforcing International Law: Implications For An Effective Global Warming Regime, David G. Victor
Duke Environmental Law & Policy Forum
No abstract provided.
Citizen Suits Under The Resource Conservation And Recovery Act: Plotting Abstention On A Map Of Federalism, Charlotte Gibson
Citizen Suits Under The Resource Conservation And Recovery Act: Plotting Abstention On A Map Of Federalism, Charlotte Gibson
Michigan Law Review
In the shadow of the Supreme Court's constitutional federalism doctrines, lower federal courts have developed doctrines of common law federalism through vehicles such as abstention. In the environmental law arena, courts have employed a number of abstention theories to dismiss citizen suits brought under federal statutes. The appearance of primary jurisdiction and Burford abstention in citizen suits brought under the Resource Conservation and Recovery Act ("RCRA") exemplifies this trend. In rejecting RCRA suits, some courts have relied on primary jurisdiction, a doctrine conceived as a mechanism to allocate responsibility for limited fact-finding between courts and agencies, to dismiss RCRA citizen …
Environmental Justice: The Path To A Remedy That Hits The Mark, Ora Fred Harris Jr.
Environmental Justice: The Path To A Remedy That Hits The Mark, Ora Fred Harris Jr.
University of Arkansas at Little Rock Law Review
No abstract provided.
Environmental Justice: Is Disparate Impact Enough?, Jimmy White
Environmental Justice: Is Disparate Impact Enough?, Jimmy White
Mercer Law Review
"Not in my backyard!" This simple statement and the vigorous efforts to enforce it have resulted over the last sixteen years in a growing movement in minority communities in search of what has been termed "environmental justice." It is claimed by activists, and proven in numerous studies, that minorities are more likely to be affected by the siting of hazardous waste facilities and the permitting of other hazardous waste producers than are whites. The causes of these inequities are neither uniform nor easily identifiable. Unfortunately, remedies may be equally elusive. Lack of resources, political power, and practical knowledge have proven …
Environmental Law, W. Scott Laseter, Julie V. Mayfield
Environmental Law, W. Scott Laseter, Julie V. Mayfield
Mercer Law Review
Departing somewhat from the format of earlier environmental law survey articles, this Survey devotes substantial attention to a 1998 decision of the United States Supreme Court in a case that arose under the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"). Although that case, United States v. Bestfoods, emerged from the Sixth Circuit, it will almost certainly have important ramifications for Eleventh Circuit jurisprudence in the area of CERCLA operator liability. Further, the case may signal a new conservative leaning by the Supreme Court that may extend beyond the narrow issue of that case to other questions arising under CERCLA. …