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Environmental Law

Selected Works

2004

Articles 1 - 17 of 17

Full-Text Articles in Law

Water Law Reform In West Virginia: The Broader Context, A. Dan Tarlock Feb 2004

Water Law Reform In West Virginia: The Broader Context, A. Dan Tarlock

Dan Tarlock

No abstract provided.

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A First Look At A Modern Legal Regime For A "Post-Modern" United States Army Corps Of Engineers, A. Dan Tarlock Feb 2004

A First Look At A Modern Legal Regime For A "Post-Modern" United States Army Corps Of Engineers, A. Dan Tarlock

Dan Tarlock

No abstract provided.

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A Brief Examination Of The History Of The Persistent Debate About Limits To Western Growth, A. Dan Tarlock Feb 2004

A Brief Examination Of The History Of The Persistent Debate About Limits To Western Growth, A. Dan Tarlock

Dan Tarlock

No abstract provided.

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The Rise And Repose Of Tmdls On The Load To Perdition: Part I: Litigation, James R. May Jan 2004

The Rise And Repose Of Tmdls On The Load To Perdition: Part I: Litigation, James R. May

James R. May

No abstract provided.

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Committee On Climate Change And Sustainable Development: 2003 Annual Report, John Dernbach Dec 2003

Committee On Climate Change And Sustainable Development: 2003 Annual Report, John Dernbach

John C. Dernbach

No abstract provided.

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Natural Resources And The Public Estate, John Dernbach Dec 2003

Natural Resources And The Public Estate, John Dernbach

John C. Dernbach

No abstract provided.

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Factory Fields: Agricultural Practices, Polluted Water And Hypoxic Oceans, John Davidson Dec 2003

Factory Fields: Agricultural Practices, Polluted Water And Hypoxic Oceans, John Davidson

John Davidson

No abstract provided.

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Environmental Law And Policy: Nature, Law, And Society, David Wirth, Zygmunt Plater Dec 2003

Environmental Law And Policy: Nature, Law, And Society, David Wirth, Zygmunt Plater

David A. Wirth

No abstract provided.

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Toward A Climate Change Strategy For Pennsylvania, John C. Dernbach Dec 2003

Toward A Climate Change Strategy For Pennsylvania, John C. Dernbach

John C. Dernbach

No abstract provided.

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The Availability Of State Environmental Citizen Suits, James R. May Dec 2003

The Availability Of State Environmental Citizen Suits, James R. May

James R. May

No abstract provided.

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Introduction, Symposium Facing Climate Change: Opportunity And Tool For States, John C. Dernbach Dec 2003

Introduction, Symposium Facing Climate Change: Opportunity And Tool For States, John C. Dernbach

John C. Dernbach

No abstract provided.

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Discharges From Historic Mining Properties: Asserting And Defending Citizen Suits Under The Clean Water Act, James R. May Dec 2003

Discharges From Historic Mining Properties: Asserting And Defending Citizen Suits Under The Clean Water Act, James R. May

James R. May

This chapter discusses available causes of action for and defenses to citizen suits under the Clean Water Act to address mining activities. Section 23.02 examines causes of action available to citizens under the CWA to address mining operations. In particular, it surveys citizen suits aimed at unpermitted mining discharges and against EPA for failing to perform mandatory duties that may impact mining operations. Section 23.03 then reviews some common defenses to CWA citizen suits in the context of mining.

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Conventional Wisdom, De-Emption, And Uncooperative Federalism In International Environmental Agreements, Kirk W. Junker Dec 2003

Conventional Wisdom, De-Emption, And Uncooperative Federalism In International Environmental Agreements, Kirk W. Junker

Kirk W Junker

What powers do the several states of the United States have individually to enter into environmental agreements with other sovereign nations? In this article, the author reviews the powers that states may have generally and then specifically regarding environmental agreements. Several traditional tools of analysis have historically been used including the constitutional doctrine of pre-emption, cooperative federalism and the foreign affairs doctrine. Some newer tools of analysis are also offered including the revival of the treaty-compact and the author’s own concept of “deemption.” The United States Senate’s explicit refusal to ratify the Kyoto Protocol, coupled with the consequent state initiatives …

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Green Laws For Better Health: The Past That Was And The Future That Maybe - Reflections From The Indian Experience, Shubhankar Dam Dec 2003

Green Laws For Better Health: The Past That Was And The Future That Maybe - Reflections From The Indian Experience, Shubhankar Dam

Shubhankar Dam

No abstract provided.

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Trade Liberalization, Food Security, And The Environment: The Neoliberal Threat To Sustainable Rural Development, Carmen G. Gonzalez Dec 2003

Trade Liberalization, Food Security, And The Environment: The Neoliberal Threat To Sustainable Rural Development, Carmen G. Gonzalez

Carmen G. Gonzalez

Even though food production has exceeded population growth in recent decades, world hunger continues to be a daunting problem. Progress in hunger reduction has slowed in recent years, and the number of undernourished people is growing in most of the developing world. Rampant hunger and malnutrition impair the economic performance of individuals, households, and entire nations, and can lead to political instability and social conflict. Food insecurity is often exacerbated by environmentally destructive farming practices that ultimately depress agricultural productivity. Environmental degradation is increasingly recognized as a major factor contributing to both food insecurity and civil strife. This article examines …

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Takings Formalism And Regulatory Formulas: Exactions And The Consequences Of Clarity, Mark Fenster Dec 2003

Takings Formalism And Regulatory Formulas: Exactions And The Consequences Of Clarity, Mark Fenster

Mark Fenster

A vocal minority of the U.S. Supreme Court recently announced its suspicion that lower courts and state and local administrative agencies are systematically ignoring constitutional rules intended to limit, through heightened judicial review, exactions as a land use regulatory tool. Exactions are the concessions local governments require of property owners as conditions for the issuance of the entitlements that enable the intensified use of real property. In two cases decided over the past two decades, Nollan v. California Coastal Commission (1987) and Dolan v. City of Tigard (1994), the Court has established under the Takings Clause a logic and metrics …

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Making Sustainable Development Happen: From Johannesburg To Albany, John C. Dernbach Dec 2003

Making Sustainable Development Happen: From Johannesburg To Albany, John C. Dernbach

John C. Dernbach

No abstract provided.

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