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Environmental Law

Boston College Law School Faculty Papers

Natural Resources Law

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Globalization And The Environment: Why All The Fuss?, David A. Wirth Feb 2007

Globalization And The Environment: Why All The Fuss?, David A. Wirth

Boston College Law School Faculty Papers

The relationship between globalization and environmental policies presents more nuances than the popular paradigm of free trader versus self-serving protectionists, the familiar model of environmentalist battling greedy polluters, or the outmoded view of a progressive multilateral agenda juxtaposed against a parochial, inward-looking domestic one. This piece sets out a structural and analytical framework for addressing the major issues in the field -- including (1) unilateral trade-based measures to protect the environment; (2) science-based tests applied through trade agreements; (3) disciplines on foreign investment that may have a "chilling effect" on environmental regulation; and (4) the relationship between free trade agreements and ...


Law, Media, & Environmental Policy: A Fundamental Linkage In Sustainable Democratic Governance, Zygmunt J.B. Plater Sep 2006

Law, Media, & Environmental Policy: A Fundamental Linkage In Sustainable Democratic Governance, Zygmunt J.B. Plater

Boston College Law School Faculty Papers

The functional linkages between law and media have long been signficant in shaping American democratic governance. Over the past thirty-five years, environmental analysis has similarly become essential to shaping international and domestic governmental policy. Environmentalism—focusing as it does on realistic interconnected accounting of the full potential negative consequences as well as benefits of proposed actions, policies, and programs, over the long term as well as the short term, with careful consideration of all realistic alternatives— provides a legal perspective important for societal sustainability. Because environmental values and norms are often in tension with established industrial interests that resist public ...


The Transatlantic Gmo Dispute Against The European Communities: Some Preliminary Thoughts, David A. Wirth Jul 2006

The Transatlantic Gmo Dispute Against The European Communities: Some Preliminary Thoughts, David A. Wirth

Boston College Law School Faculty Papers

Any day now, a World Trade Organization panel is expected to rule in a dispute between the U.S. and the EU concerning market access for genetically-engineered foods and crops. This piece, written before the release of the WTO panel's report, analyzes novel systemic issues concerning the impact of WTO law on regulatory design, at both the national and international levels, that are raised by this dispute. These include (1) the application of WTO disciplines to regulatory schemes that require prior governmental approval to protect the environment and public health from newly-introduced products and substances; (2) the role of ...


Environmental Law In The Political Ecosystem - Coping With The Reality Of Politics, Zygmunt J.B. Plater Jan 2002

Environmental Law In The Political Ecosystem - Coping With The Reality Of Politics, Zygmunt J.B. Plater

Boston College Law School Faculty Papers

In this Essay, the proposition the author draws from the narrative of the endangered species litigation is derivatively Aristotelian – that we must consciously, actively, and explicitly integrate an informed consideration of human politics into what we teach and do in environmental law. The proposition is not that we should steep ourselves in party politics, although there are interesting observations aplenty that could be made on the direct consequences that the two major parties (and occassionally their wistful smaller incarnations) have on the evolution of environmental law. The proposition offered here operates at two different levels: practical politics and political overview ...


At War With The Environment, David A. Wirth Mar 1998

At War With The Environment, David A. Wirth

Boston College Law School Faculty Papers

In this Article, Professor Wirth reviews the book National Defense and the Environment by Stephen Dycus, a recognized expert in both environmental and national security law. The emphasis of the book is on containing and remediating the environmental excesses of the American defense-industrial complex, with a domestic policy focus. While Professor Wirth considers Dycus’ work an intellectually rewarding and refreshing new entry into the ongoing environment-as-security colloquy, he does not consider the book to be accessible to a general audience given the book’s fundamentally legalistic nature.


Facing A Time Of Counter-Revolution: The Kepone Incident And A Review Of First Principles, Zygmunt J.B. Plater Jan 1995

Facing A Time Of Counter-Revolution: The Kepone Incident And A Review Of First Principles, Zygmunt J.B. Plater

Boston College Law School Faculty Papers

The Kepone contamination episode of 1966-75 was a milestone that focused an entire nation’s attention on environmental hazards and our need to do better in recognizing and avoiding them. We have learned a great deal from that unfortunate story. The evolution of American environmental law since the Kepone debacle has repeatedly used the incident as a touchstone in identifying environmental pollution’s causes, effects, and potential solutions. This essay offers four propositions, about two things that have changed, and two things that have not, in the years since Kepone, taking account of where we are, and seeking some points ...


Legitimacy, Accountability, And Partnership: A Model For Advocacy On Third World Environmental Issues, David A. Wirth Jul 1991

Legitimacy, Accountability, And Partnership: A Model For Advocacy On Third World Environmental Issues, David A. Wirth

Boston College Law School Faculty Papers

To date, there has been little effort to define the characteristics of responsible environmental reform efforts by private citizens and organizations in the United States on foreign environmental problems, such as the quality of foreign aid. Moreover, there have been virtually no attempts to identify a principled role for American lawyers in Third World environmental issues. This Essay will respond to these lacunae by articulating a new approach to advocacy based on a partnership model. In Part I, this Essay identifies the need for American public interest advocates to establish partnerships with directly affected groups on Third World environmental issues ...


Keynote Essay: A Modern Political Tribalism In Natural Resources Management, Zygmunt J.B. Plater Jan 1990

Keynote Essay: A Modern Political Tribalism In Natural Resources Management, Zygmunt J.B. Plater

Boston College Law School Faculty Papers

The first law of ecology holds that everything is connected to everything else. This conference addresses the challenges and dilemmas of resource management policy on America’s public lands, but it seems useful both for the purposes of the conference and in broader terms to note how resource management is connected to larger questions of global integrity and human governance. This essay explores a troubling fact of modern political life: As the problems of managing the economy and ecology of this nation become ever more complex, subtly-interrelated, pressured and demanding, our processes of legal and political governance might be expected ...


Reflected In A River: Agency Accountability And The Tva Tellico Dam Case, Zygmunt J.B. Plater Jan 1982

Reflected In A River: Agency Accountability And The Tva Tellico Dam Case, Zygmunt J.B. Plater

Boston College Law School Faculty Papers

Legal history is usually written from one of two time perspectives: as a narrative of events and changing conditions over a span of years or as an extended exploration of one fertile moment in time. In examining the intriguing entity known as the Tennessee Valley Authority (TVA), this article draws upon that chronological history to some extent. To a greater extent, however, it focuses upon revealing moments in the last six years of the long-running battles over completion of the TVA’s Tellico dam, which finally flooded the last remaining stretch of the Little Tennessee River Valley in the spring ...


Coal Law From The Old World: A Perspective On Land Use And Environmental Regulation In The Coal Industries Of The United States, Great Britain, And West Germany, Zygmunt J.B. Plater Jan 1976

Coal Law From The Old World: A Perspective On Land Use And Environmental Regulation In The Coal Industries Of The United States, Great Britain, And West Germany, Zygmunt J.B. Plater

Boston College Law School Faculty Papers

America’s reentry into the Coal Age has been one of the major consequences of the Mideast oil-producing nations’ discovery of their collective marketing power, and in this new emphasis on coal the United States is not alone. Like the United States, many industrialized nations with domestic coal reserves had allowed their coal industries to languish under the influence of low-priced, petroleum based energy economy and are now hastening to strengthen their coal production. Different nations approach the regulation of their resurgent coal industries in varying ways, however, and these differences can be instructive to American observers, particularly as they ...


The Takings Issue In A Natural Setting: Floodlines And The Police Power, Zygmunt J.B. Plater Jan 1974

The Takings Issue In A Natural Setting: Floodlines And The Police Power, Zygmunt J.B. Plater

Boston College Law School Faculty Papers

No abstract provided.