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Articles 1 - 11 of 11
Full-Text Articles in Environmental Law
The High Seas Lowdown: An Introduction To The Issue, Paul Stanton Kibel
The High Seas Lowdown: An Introduction To The Issue, Paul Stanton Kibel
Publications
No abstract provided.
Promoting Pragmatic Risk Regulation: Is Enforcement Discretion The Answer?, Clifford Rechtschaffen
Promoting Pragmatic Risk Regulation: Is Enforcement Discretion The Answer?, Clifford Rechtschaffen
Publications
Over the past decade and more, there has been a sustained attack on our nation's approach for regulating environmental, health and safety risk. Critics have argued that the current system is inefficient, irrational, and overly rigid and have proposed a raft of solutions for improving our regulatory approach, most prominently greater reliance on cost-benefit analysis. In Risk Regulation at Risk: Restoring A Pragmatic Approach, Professors Sidney Shapiro and Robert Glicksman offer a strong, coherent defense for our current system for environmental, health and safety regulation based on the long-standing philosophical tradition of pragmatism. Their book persuasively documents how risk-based statutes …
Enforcing The Clean Water Act In The Twenty-First Century: Harnessing The Power Of The Public Spotlight, Clifford Rechtschaffen
Enforcing The Clean Water Act In The Twenty-First Century: Harnessing The Power Of The Public Spotlight, Clifford Rechtschaffen
Publications
Thirty years after the passage of the Clean Water Act, how can we strengthen enforcement of the CWA, increase rates of compliance, and move closer to achieving the statute's un-derlying objectives? This Article argues that legislators and policymakers looking for solutions in this resource-strapped era should harness the power of the public spotlight to enhance enforcement efforts. Part I describes the strong Congressional and public support for vigorous enforcement of the statute. Part II discusses how successfully the NPDES program currently is being implemented by the states and the EPA. The record of performance shows that there are numerous deficiencies …
Creating Open Space: Two Cases Of Conflicts Resolved, Paul S. Kibel
Creating Open Space: Two Cases Of Conflicts Resolved, Paul S. Kibel
Publications
No abstract provided.
Environmental Justice In Cuba: Capital Needs, Developing A Tourist Infrastructure, And Liberty Of Access To National Resources, Colin Crawford
Environmental Justice In Cuba: Capital Needs, Developing A Tourist Infrastructure, And Liberty Of Access To National Resources, Colin Crawford
Publications
First, I will describe the role of tourism in the current Cuban economy and identify the environmental concerns this development poses. In particular, this analysis will explore the environmental justice concerns of Cuba's emerging tourist infrastructure. Second, the article will examine both practical and theoretical efforts to include claims for freedom of access to environmental benefits under the environmental justice rubric. The article will both examine the relevance and lessons of those efforts for Cuba and do so with reference to notions of liberty rather than equality-the standard principle on which environmental justice claims are advanced. This section will conclude …
Los Angeles' Cornfield: An Old Blueprint For New Greenspace, Paul Stanton Kibel
Los Angeles' Cornfield: An Old Blueprint For New Greenspace, Paul Stanton Kibel
Publications
This article begins with an historical survey of the Los Angeles River. Next, it considers the implications of a comprehensive 1930 park plan for Los Angeles. The 1930 plan was suppressed before it was published but is now being revived. The article then turns to the Cornfield, and reviews the activities and people associated with the site. The section that follows recounts the opposition to the Cornfield's reindustrialization, as well as the organizing and law suit that ultimately stopped the proposed manufacturing-warehouse project. The article goes on to deconstruct the deal that initially enabled the Trust for Public Land, and …
Preemption Of Common Law Claims And The Prospects For Fifra: Justice Stevens Puts The Genie Back In The Bottle, Jennifer S. Hendricks
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
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
International Environmental Law: 2004 Annual Report, Vail T. Thorne, Lakshman Guruswamy, Kevin L. Doran
Publications
No abstract provided.
Settling The Wilderness, Sarah Krakoff
Aquaculture And Pollutants Under The Clean Water Act: A Case For Regulation, Sean M. Helle
Aquaculture And Pollutants Under The Clean Water Act: A Case For Regulation, Sean M. Helle
Publications
No abstract provided.