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Environmental Law Commons

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Constitutional Law

Buffalo Environmental Law Journal

Publication Year

Articles 1 - 5 of 5

Full-Text Articles in Environmental Law

Lake Erie Bill Of Rights Struck Down: Why The Rights Of Nature Movement Is A Nonviable Legislative Strategy For Municipalities Plagued By Pollution, Kathleen M. Mannard Aug 2021

Lake Erie Bill Of Rights Struck Down: Why The Rights Of Nature Movement Is A Nonviable Legislative Strategy For Municipalities Plagued By Pollution, Kathleen M. Mannard

Buffalo Environmental Law Journal

No abstract provided.


One Man’S Trash: Constitutional Principles Of Federalism And Privacy Implicated In San Francisco’S Mandatory Recycling Ordinance And Future Similar Legislation, J. Tyler Smith Aug 2021

One Man’S Trash: Constitutional Principles Of Federalism And Privacy Implicated In San Francisco’S Mandatory Recycling Ordinance And Future Similar Legislation, J. Tyler Smith

Buffalo Environmental Law Journal

No abstract provided.


Condemn(The)Nation: Holding The United States Accountable Through Inverse Condemnation Claims For Its Role In Bringing About- And Then Failing To Mitigate And Adapt To Certain Effects Of- Climate Change, Joseph Rosenberg Aug 2019

Condemn(The)Nation: Holding The United States Accountable Through Inverse Condemnation Claims For Its Role In Bringing About- And Then Failing To Mitigate And Adapt To Certain Effects Of- Climate Change, Joseph Rosenberg

Buffalo Environmental Law Journal

No abstract provided.


The Erosion Of Federal Common Law: Anticipatory Delegation In American Electric Power Company V. Connecticut, Paul Winters Apr 2012

The Erosion Of Federal Common Law: Anticipatory Delegation In American Electric Power Company V. Connecticut, Paul Winters

Buffalo Environmental Law Journal

Eleven plaintiffs brought a common law action, seeking injunctive relief against the six largest American producers of greenhouse gases. Because the EPA had not yet promulgated regulations governing the production of greenhouse gases, the Second Circuit Court of Appeals held that federal law had not displaced plaintiffs ' common law claim. The Supreme Court reversed, holding that even though regulations had not been promulgated, EPA occupied the field nevertheless. The decision marks an extension of the regulatory displacement of federal common law to regulations that are merely anticipated Such extension, or "anticipatory delegation, " represents an unacceptably large incursion into …


Are Property Owners Constitutionally Entitled To Compensation For Environmental Remediation Funds?, Andrew Hysell Oct 2005

Are Property Owners Constitutionally Entitled To Compensation For Environmental Remediation Funds?, Andrew Hysell

Buffalo Environmental Law Journal

No abstract provided.