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Articles 1 - 6 of 6
Full-Text Articles in Environmental Law
The Law Of Words: Standing, Environment, And Other Contested Terms, David Cassuto
The Law Of Words: Standing, Environment, And Other Contested Terms, David Cassuto
David N Cassuto
Friends of the Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc., 528 U.S. 167 (2000), exposes fundamental incoherencies within environmental standing doctrine, even while it ostensibly makes standing easier to prove for plaintiffs in environmental citizen suits. According to Laidlaw, an environmental plaintiff needs only to show personal injury to satisfy Article III's standing requirement; she need not show that the alleged statutory violation actually harms the environment. This Article argues that Laidlaw's distinction between injury to the plaintiff and harm to the environment is nonsensical. Both the majority and dissent in Laidlaw incorrectly assume that there exists an objective …
American Electric Power Company, Inc. V. State Of Connecticut: Brief Of Law Professors As Amici Curiae In Support Of Respondents, Stuart Banner, James R. May
American Electric Power Company, Inc. V. State Of Connecticut: Brief Of Law Professors As Amici Curiae In Support Of Respondents, Stuart Banner, James R. May
James R. May
No abstract provided.
Federal Constraints: Possible Constitutional Hurdles To Cross-Border Cap-And-Trade,, Shelley Welton
Federal Constraints: Possible Constitutional Hurdles To Cross-Border Cap-And-Trade,, Shelley Welton
Faculty Publications
No abstract provided.
The Ecuadorian Exemplar: The First Ever Vindications Of Constitutional Rights Of Nature, Erin Daly
The Ecuadorian Exemplar: The First Ever Vindications Of Constitutional Rights Of Nature, Erin Daly
Erin Daly
The 'Sala de le Corte Provincial' - a provincial court in Ecuador - became the first court ever to vindicate the recently constitutionalized rights of nature. Recognizing the indisputable importance of the rights of nature for present and future generations, the court held the provincial government liable for flooding damages caused by dumping of construction debris. This judicial victory is arguably overshadowed by challenges facing the plaintiffs in seeing the courts order enforced, however. A subsequent case bears witness to the judiciary’s vindication of rights of nature in Ecuador with ever increasing legal effect.
Constitutional Protection For Environmental Rights: The Benefits Of Environmental Process, Erin Daly
Constitutional Protection For Environmental Rights: The Benefits Of Environmental Process, Erin Daly
Erin Daly
More and more constitutions around the world -- from Bangladesh to Bolivia, and from the Philippines to the countries of the EU -- are explicitly protecting environmental rights and the values of a clean and healthy environment. In many instances, environmental rights are recognized not as substantive entitlements (which would allow litigants to sue if the government polluted their rivers or clearcut their forests), but as procedural rights. Examples of procedural rights include imposing on governments the obligation to consult with communities before they take actions that will affect their environment or giving individuals the right to participate in governmental …
The Empire Strikes Back: How To Prepare & Respond To Environmental Criminal Investigations, Beau James Brock, Andre Belanger
The Empire Strikes Back: How To Prepare & Respond To Environmental Criminal Investigations, Beau James Brock, Andre Belanger
Beau James Brock
Powerpoint presentation on defending corporations, individuals, and governmental entities who are under criminal investigation by EPA.