Environmental Law Commons^™

Sustainability: Myth And Reality, Kai Lee

Sustainable Use of the West's Water (Summer Conference, June 12-14)

23 pages (includes illustrations).

Contains references.

Regulatory Takings And Wetland Protection In The Post-Lucas Era, Richard C. Ausness

Law Faculty Scholarly Articles

In June 1992, the United States Supreme Court decided Lucas v. South Carolina Coastal Council. The case involved a claim for compensation against the State of South Carolina by a landowner who was prohibited from placing structures on two of his beachfront lots. The Court declared that the landowners must be compensated when government regulations deprive them of all economically beneficial or productive uses of their property unless the proscribed uses were not permitted as part of their original titles.

Although some legal commentators have praised the Lucas decision, others have strongly condemned it. A common criticism of Lucas …

Municipal Solid Waste Flow Control In The Post-Carbone World, Eric S. Peterson, David N. Abramowitz

Fordham Urban Law Journal

Garbage will always ultimately be the government's problem. Evolving environmental standards and state and federal policies will continue to require reasoned responses from local governments and municipal solid waste flow control is a vital cog in many jurisdictions' solid waste management solutions. Without flow control of some form, governments' ability to plan and provide for the most environmentally sound and economically acceptable solutions will wane, leaving the public vulnerable to the vagaries of a private market that does not have a duty to protect the public health and safety. The Carbone decision has blunted one of the local governments chief …

Enforcement And The Success Of International Environmental Law, Mary Ellen O'Connell

Journal Articles

Professor O'Connell discusses the traditional methods used for international law "enforcement," and she argues that international law is generally obeyed. Its enforcement is based primarily on compliance, not enforcement. Accordingly, the author argues against using international enforcement mechanisms to enforce international environmental law. Instead, she posits that domestic courts should be used for international environmental law enforcement; however, certain obstacles, such as sovereign immunity, the doctrine of standing, and the principle of forum non conveniens, must be overcome. Professor O'Connell argues that it may be possible to overcome many of these court-made obstacles to enforcing international law through domestic courts. …