Environmental Law Commons^™

Treatment As Tribe, Treatment As State: The Penobscot Indians And The Clean Water Act, William H. Rodgers, Jr.

Articles

No abstract provided.

Regulatory Diversification And The Monitoring State: The Direction Of Environmental Regulation In Taiwan, Beth E. Kinne

Washington International Law Journal

Rapid industrialization in Taiwan in the latter half of the twentieth century resulted in dramatic increases in industrial pollution and municipal waste, leaving few places on the small island spared from severe pollution. Public pollution protests in the 1970s and 1980s both contributed to and increased with the liberalization of Taiwanese society. With the end of martial law in 1987 and subsequent creation of the Environmental Protection Agency, Taiwan adopted a command and control regulatory scheme that achieved limited success. From the 1980s onward, the Taiwanese government came to rely upon the participation of a greater number and variety of …

Where The Oregon Trail Meets The Silk Road: Why China's Path To Sustainability Should Bypass Oregon, Samuel A. Rodabough

Washington International Law Journal

With a substantial population and continued exponential economic growth, China is perceived as exerting ever-increasing pressure on its natural environment. The concept of sustainable development has been posited by many in the international community as a means of overcoming China's bleak environmental outlook, while simultaneously preserving its economic prosperity. However, because of widespread disagreement as to the precise nature, scope, and practical application of sustainable development, the concept remains elusive and has proven difficult to implement. In its most basic form, sustainable development seeks to simultaneously meet environmental, economic, and social needs. With respect to these needs, China has affirmed …

Improving Laws, Declining World: The Tort Of Contamination, William H. Rodgers, Jr.

Articles

This article considers nature's "baseline" through the lens of modern environmental laws. We measure this "baseline" like never before and are proud of our databases on fish advisories, beach closures, and impaired water bodies, to mention a few. The ubiquitous legal response to these measures of environmental decline is the public warning "Don't Eat the Fish" and "Don't Drink the Water."

This article assesses the function, utility, and purpose of these public warnings and finds them wanting. Their principal value is that they serve as measures of lost natural capital and harbingers of shifting baselines.

Our descriptive journey leaves us …