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Full-Text Articles in Environmental Law

Preemption Of Common Law Claims And The Prospects For Fifra: Justice Stevens Puts The Genie Back In The Bottle, Jennifer S. Hendricks Jan 2004

Preemption Of Common Law Claims And The Prospects For Fifra: Justice Stevens Puts The Genie Back In The Bottle, Jennifer S. Hendricks

Publications

In the upcoming Term, the Supreme Court will consider a case raising the question whether the Federal Insecticide, Fungicide, and Rodenticide Act preempts state tort law, or only state positive law. FIFRA, under which the Environmental Protection Agency regulates pesticide labels, has an express preemption clause and clearly preempts state positive law on labeling. The question presented is whether and to what extent it also preempts state tort law, particularly claims for failure to warn. The Court's precedent on preemption of state tort law is erratic, but for some reason, the pro-preemption view has been much more popular with lower …


Water Wrongs: Why Can’T We Get It Right The First Time?, David Getches Jan 2004

Water Wrongs: Why Can’T We Get It Right The First Time?, David Getches

Publications

No abstract provided.


International Environmental Law: 2004 Annual Report, Vail T. Thorne, Lakshman Guruswamy, Kevin L. Doran Jan 2004

International Environmental Law: 2004 Annual Report, Vail T. Thorne, Lakshman Guruswamy, Kevin L. Doran

Publications

No abstract provided.


Settling The Wilderness, Sarah Krakoff Jan 2004

Settling The Wilderness, Sarah Krakoff

Publications

No abstract provided.


Aquaculture And Pollutants Under The Clean Water Act: A Case For Regulation, Sean M. Helle Jan 2004

Aquaculture And Pollutants Under The Clean Water Act: A Case For Regulation, Sean M. Helle

Publications

No abstract provided.