Environmental Law Commons^™

Impact Statements: Regulations Leave Room For Delays In Seqra Proceedings, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

SEQRA, the New York State Environmental Quality Review Act, creates a process whereby public actions are reviewed with the intent to mitigate adverse environmental impacts. The SEQRA process has several flexible time constraints, which through negotiation, may be extended. Issues often arise due to the discrepancies between SEQRA’s imposed time limits and the time limits imposed on land use boards to make determinations about proposed projects. The question of which time limits apply was determined in Sun Beach Real Estate Corp. v. Anderson Beach. In that case, the court held that decisions, such as site plan approval deadlines, do not …

Prohibiting Conduct, Not Consequences: The Limited Reach Of The Migratory Bird Treaty Act, Benjamin Means

Michigan Law Review

Dissatisfied with the protection afforded wildlife by more recent environmental laws, some environmentalists seek to reinterpret one of the oldest federal environmental laws, the Migratory Bird Treaty Act (MBTA). Long understood simply to regulate hunting, the MBTA makes it illegal to "take" or "kill" migratory birds without a permit. The MBTA imposes strict liability for a violation. A heady combination of strict liability, criminal penalty provisions, and vague language, the MBTA appeals to those seeking to control land use activity. Some environmentalists advocate an interpretation of the MBTA that, contrary to legislative intent and 80 years of enforcement practice, would …

Of Solemn Oaths And Obligations: The Environmental Impact Of The Icj’S Decision In The Case Of The Gabcikovo-Nagymaros Project, Stephen Stec, Gabriel Eckstein

Faculty Scholarship

Chapter Extract:

The law of treaties often conjures up images of states as rotund gentlemen with whiskers, vests, and watch-chains proclaiming solemn and chivalric oaths upon their honour. Treaties are sacred in the same way that a man's word is his bond. This type of relationship among states is largely unquestioned since much of the way we live in the world depends upon the assumption of the inviolability of sovereign states and their treaties. Any challenge to these assumptions would surely evoke horror at the unmentionable void that would result-except in lawyers who make their livings shaving nuances. However, in …

Table Of Contents

Journal of Environmental and Sustainability Law

No abstract provided.

Defining The Limits Of Wetland Regulation Under The Cwa And The Commerce Clause. United States V. Wilson, Stephen S. Davis

Journal of Environmental and Sustainability Law

No abstract provided.

Those Darn Little Bats: How The Endangered Species Act Halted Timber Salvage Harvests On National Forestland Once Again. Bensman V. United States Forest Service, Benjamin A. Joplin

Journal of Environmental and Sustainability Law

No abstract provided.

Case Summaries

Journal of Environmental and Sustainability Law

No abstract provided.

Clean Water Act's Mens Rea Requirement: Establishing A Brighter Line Test. United States V. Sinskey, Douglas L. Mchoney

Journal of Environmental and Sustainability Law

No abstract provided.

Reformulating Executive And Legislative Relationships After Reformulated Gasoline: What's Best For Trade And The Environment?, Scott Daniel Mcbride

William & Mary Environmental Law and Policy Review

No abstract provided.

The Role Of International Equity In A Sustainable Future: The Continuing Problem Of Third World Debt And Development, Todd Johnston

Buffalo Environmental Law Journal

No abstract provided.

Fanning The Flames Of Nimby: A Book Review Of The Promise And Peril Of Environmental Justice, Gary A. Abraham

Buffalo Environmental Law Journal

No abstract provided.

Acts Of God Or Toxic Torts? Applying Tort Principles To The Problem Of Climate Change, Eduardo M. Peñalver

Cornell Law Faculty Publications

The problem of climate change continues to be an intractable one for policymakers. Uncertainties over the likely costs of climate change as well as over the costs of proposed remedies have hampered the formation of a consensus regarding the best course of action. The principles of tort law provide a useful means of analyzing the problem of climate change, particularly the issue of who should bear the costs associated with its effects. The two major goals of tort law (reducing the costs of accidents and corrective justice) both point towards the appropriateness of placing the costs of climate change on …

Intellectual Property, Human Rights & Sovereignty: New Dilemmas In International Law Posed By The Recognition Of Indigenous Knowledge And The Conservation Of Biodiversity, Rosemary J. Coombe

Indiana Journal of Global Legal Studies

No abstract provided.

Protecting Endangered Species Without Regulating Private Landowners: The Case Of Endangered Plants, Jeffrey J. Rachlinski

Cornell Law Faculty Publications

Editor’S Note

Duke Environmental Law & Policy Forum

No abstract provided.

Self-Interest, Politics And The Environment—A Response To Professor Schroeder, Donald T. Hornstein

Duke Environmental Law & Policy Forum

No abstract provided.

Rational Choice Versus Republican Moment Explanations For Environmental Laws, 1969-73, Christopher H. Schroeder

Duke Environmental Law & Policy Forum

No abstract provided.

The Failure Of Risk Reform Legislation In The 104th Congress, Marc Landy, Kyle D. Dell

Duke Environmental Law & Policy Forum

No abstract provided.

Environmental Justice And Community Empowerment: Learning From The Civil Rights Movement , R. Gregory Roberts

American University Law Review

No abstract provided.

Ocean Ecosystem Stewardship, W. M. Von Zharen

William & Mary Environmental Law and Policy Review

No abstract provided.

Strange Bedfellows Make Normal Politics: An Essay, R. Shep Melnick

Duke Environmental Law & Policy Forum

No abstract provided.

Of Sinking And Escalating: A (Somewhat) New Look At Stare Decisis, Rafael Gely

Faculty Publications

This article explores the concept of stare decisis from the escalation of commitment perspective. I argue that the theory of escalation of commitment provides a powerful tool that can be used in our understanding of the application of stare decisis . The literature on the use of precedent is extensive; however, this Article develops a new way of looking at case law development and stare decisis . In particular, the Article contemplates stare decisis as a decision-making process and then considers the academic literature in order that we may gain some insight into that process.

Environmental Legislation And The Problem Of Collective Action, Robert V. Percival

Duke Environmental Law & Policy Forum

No abstract provided.

The Legislation Of Unintended Consequences, Rena I. Steinzor

Duke Environmental Law & Policy Forum

No abstract provided.

The Puzzle Of Environmental Politics, Frank B. Cross, Jonathan Baert Wiener

Duke Environmental Law & Policy Forum

No abstract provided.

Pangloss Was Right: Reforming Congress Is Useless, Expensive, Or Harmful, Michael C. Munger

Duke Environmental Law & Policy Forum

No abstract provided.

"Arranger Liability" Under The Comprehensive Environmental Response, Compensation, And Liability Act (Cercla): Judicial Retreat From Legislative Intent, David W. Lannetti

William & Mary Law Review

No abstract provided.

Trade And Domestic Protection Of Endangered Species: Peaceful Coexistence Or Continued Conflict? The Shrimp-Turtle Dispute And The World Trade Organization, Terrence P. Stewart, Mara M. Burr

William & Mary Environmental Law and Policy Review

No abstract provided.

Ranking The Environmental Law, Natural Resources Law, And Land Use Planning Journals: A Survey Of Expert Opinion, Gregory Scott Crespi

William & Mary Environmental Law and Policy Review

No abstract provided.

Singapore's Environmental Management System: Strengths And Weaknesses And Recommendations For The Years Ahead, Douglas L. Tookey

William & Mary Environmental Law and Policy Review

No abstract provided.