Law Commons^™

Law And Public Policy Support Lockyer's Suit Against Auto Manufacturers For Co2 Emissions, Clifford Rechtschaffen, Sean B. Hecht

Publications

Controversy has followed Attorney General Bill Lockyer’s decision earlier this fall to sue the six largest automakers, alleging that car emissions constitute a public nuisance because they contribute to global warming. Some even have dismissed the lawsuit as election year grandstanding. To the contrary, the Attorney General should be applauded for creatively using a venerable legal tool to protect California’s environment and to plug a gaping hole left by federal failures in this area.

The Information Quality Act: The Little Statute That Could (Or Couldn't?) Applying The Safe Drinking Water Act Amendments Of 1996 To The Federal Communications Commission, Kellen Ressmeyer

Federal Communications Law Journal

In December 2000, Congress passed the Information Quality Act - a two sentence rider to a 712-page Appropriations Bill. The Information Quality Act, which seeks to ensure the quality of government-disseminated information, places the White House Office of Management and Budget in a supervisory role. The Office of Management and Budget subsequently finalized a set of mandatory Guidelines applicable to all federal agencies. Among other things, the Guidelines require adherence to the scientific standard articulated in the 1996 Amendments to the Safe Drinking Water Act where such agencies engage in risk analysis to human health, safety, and the environment. As …

The Reason Behind The Rules: The Archaeological Resources Protection Act Of 1979 And Scientific Study, Ryan M. Seidemann

ExpressO

What are the federal agencies’ powers under the Archaeological Resources Protection Act of 1979 (ARPA) to limit or control the scientific study of archaeological materials? The research for this article has led to an ultimate conclusion that ARPA does not provide federal agencies with the power to limit the scope of scientific study on covered archaeological materials. No provision of ARPA provides federal agencies with the authority to act as scientific dictators with ARPA-covered archaeological materials.

Policy Analysis For Natural Hazards: Some Cautionary Lessons From Environmental Policy Analysis, Matthew D. Adler

All Faculty Scholarship

How should agencies and legislatures evaluate possible policies to mitigate the impacts of earthquakes, floods, hurricanes and other natural hazards? In particular, should governmental bodies adopt the sorts of policy-analytic and risk assessment techniques that are widely used in the area of environmental hazards (chemical toxins and radiation)? Environmental hazards policy analysis regularly employs proxy tests, in particular tests of technological “feasibility,” rather than focusing on a policy’s impact on well-being. When human welfare does enter the analysis, particular aspects of well-being, such as health and safety, are often given priority over others. “Individual risk” tests and other features of …

Linking Global Warming To Inuit Human Rights, Marguerite E. Middaugh

San Diego International Law Journal

Under international law, the United States government has violated the Inuit's human rights by failing to take action against climate change. The Inter-American Commission on Human Rights should find that the allegations of human rights violations by the Inuit are justified and rule in their favor. This Article first explores the impacts of climate change on the Inuit and each of the Inuit's basic human rights, which are implicated by the environmental changes. Next, the role and responsibility of the U.S. with respect to climate change is examined. This section discusses the current attitude and actions of the U.S. government, …

Policy Tools For Smart Growth In New England, New England Environmental Finance Center

Smart Growth

Across New England communities have been experiencing a rapid outward surge of development away from our community and downtown centers. Effects of sprawl include a loss of wildlife habitat, farm and timber lands; increased costs of community services and higher taxes; auto-dependency, longer commutes, and increased congestion; increases in air and water pollution; a sedentary lifestyle and increased obesity; and losses to one’s sense of place and social ties.

State-level responses to sprawl have surfaced throughout New England in recent years. This report describes 11 examples of these responses, representing all six New England states and a diversity of recent …

Table Of Contents

Journal of Environmental and Sustainability Law

No abstract provided.

Reckoning With Rapanos: Revisiting "Waters Of The United States" And The Limits Of Federal Wetland Regulation , Jonathan H. Adler

Journal of Environmental and Sustainability Law

No abstract provided.

True Access To The Courts For Citizens Working To Protect Natural Resources: Incorporating Attorney's Fees Into The Minnesota Environmental Rights Act , Michael Wietecki

Journal of Environmental and Sustainability Law

No abstract provided.

Environmental Dispute Resolution: Combining Settlement Mechanisms For Transnational Enforcement Of International Environment Disputes , Victoria C. Dawson

Journal of Environmental and Sustainability Law

No abstract provided.

Making The Waters A Little Murkier: Broadening The Endangered Species Act At The Expense Of The Clean Water Act. Defenders Of Wildlife V. United States Environmental Protection Agency , Erik G. Holland

Journal of Environmental and Sustainability Law

No abstract provided.

The Strong Arm Of Cercla: Epa Allowed Free Reign To Recoup Cleanup Costs. United States V. W.R & Grace, Inc., Amy L. Ohnemus

Journal of Environmental and Sustainability Law

No abstract provided.

Federal Agency Action Subject To Section 7(A)(2) Of The Endangered Species Act , Steven G. Davison

Journal of Environmental and Sustainability Law

No abstract provided.

The Relationship Between Standing And Intervention: The Tenth Circuit Answers By "Standing" Down. San Juan County V. United States, Eric S. Oelrich

Journal of Environmental and Sustainability Law

No abstract provided.

Environmental Updates

Journal of Environmental and Sustainability Law

No abstract provided.

Daubert And The Disappearing Jury Trial, Allan Kanner

ExpressO

Since being decided by the Supreme Court in 1993, Daubert v. Merrell Dow Pharmaceuticals has earned its place as one of the most misinterpreted and misapplied decisions in modern history. Meant to liberalize the standards for admissions of proof, the decision has had the opposite effect. The gatekeeper powers given to judges via Daubert, coupled with the internal and external incentives to prevent jury trials, has placed our entire civil justice system at risk.

Splitting Genes: The Future Of Gmo's In The Wake Of The Wto/Cartagena Standoff, Sam A. Blaustein

ExpressO

This article examines the conflict surrounding GMO's (Genetically Modified Organisms) between the WTO and the UN. The respective positions of the United States and the European Union are discussed. The article argues that both international and domestic laws conflict with the rigid "precautionary principle" and straight to market approach adhered to by the European Union and the United States respectively. It ultimately suggests that common GMO specific laws are necessary for both sides to meet their respective goals and obligations.

A Complete Property Right Amendment, John H. Ryskamp

ExpressO

The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.

Preserving The Chesapeake: Law, Ecology, And The Bay, Heather N. Stevenson, Noah M. Sachs, Rodney A. Smolla, Gerald L. Baliles, Gerald Mccarthy, Russell W. Baxter, Jonathan Z. Cannon, Erin Ryan, Richard Batiuk, L. Preston Bryant, Kathy R. Frahm, Joseph J. Tannery, David E. Evans, Mark Smith, Nikki Rovner, Timothy G. Hayes, Alexandra Dunn

University of Richmond Law Review Symposium

This event was co-sponsored by the Merhige Center for Environmental Studies, the Allen Chair of Law, the Virginia State Bar, and the Miller Center of Public Affairs.

The “Historical Background” session, held from 9:30 - 10:30 a.m., was presented by the Hon. Governor Gerald L. Baliles, Director of the Miller Center of Public Affairs and 65th Governor of the Commonwealth of Virginia; Gerald McCarthy, Executive Director of the Virginia Environmental Endowment; and Russell W. Baxter, Deputy Director of the Virginia Department of Conservation and Recreation. Rodney A. Smolla, Dean of the University of Richmond School of Law, served as moderator. …

Corporate Governance And Rational Energy Choices, Steven Ferrey

William & Mary Environmental Law and Policy Review

No abstract provided.

Water Forum 2006, Susan Kelly

Publications

No abstract provided.

State Authority In Siting Of Liquefied Natural Gas Import Terminals, Christopher M. Crane

Buffalo Environmental Law Journal

No abstract provided.

Animal Salvage: Cost-Effective Methods For The Preservation Of Marine Life, Jason Parent

Buffalo Environmental Law Journal

No abstract provided.

Environmental Law News - Fall 2006

Environmental Law and Justice Clinic

No abstract provided.

Creating An ‘Undeveloped Lands Protection Act’ For Farmlands, Forests, And Natural Areas, Terence J. Centner

Duke Environmental Law & Policy Forum

No abstract provided.

It’S Getting Hot In Here: The Sec’S Regulation Of Climate Change Shareholder Proposals Under The Ordinary Business Exception, Sung Ho (Danny) Choi

Duke Environmental Law & Policy Forum

No abstract provided.

World Religions And Clean Water Laws, Daryl Fisher-Ogden, Shelley Ross Saxer

Duke Environmental Law & Policy Forum

No abstract provided.

Texas Gulf Sulfur Revisited, Richard A. Booth

2006 - The Fall and Rise of Federal Corporation Law

No abstract provided.

Palazzolo, The Public Trust, And The Property Owner's Reasonable Expectations: Takings And The South Carolina Marsh Island Bridge Debate, Erin Ryan

Faculty Publications

No abstract provided.

National Security And The Endangered Species Act: A Fresh Look At The Exemption Process And The Evolution Of Army Environmental Policy, Jason C. Wells

William & Mary Environmental Law and Policy Review

No abstract provided.