Environmental Law Commons^™

The Green Development Movement: Smart Growth With A Green Label, Patricia E. Salkin

Scholarly Works

No abstract provided.

Introduction To The Symposium: Linking The Environment And Human Rights: A Global Perspective, Stephen T. Del Percio

William & Mary Environmental Law and Policy Review

No abstract provided.

Nuclear Space And The Earth Environment: The Benefits, Dangers, And Legality Of Nuclear Power And Propulsion In Outer Space, Joseph J. Macavoy

William & Mary Environmental Law and Policy Review

No abstract provided.

Slow On The Trigger: The Department Of Fisheries And Oceans, The Fisheries Act And The Canadian Environmental Assessment Act, Arlene Kwasniak

Dalhousie Law Journal

The federal Department of Fisheries and Oceans plays an Important role in protecting fish and fish habitat in Canada, primarily under the Fisheries Act. Section 5 of the Canadian Environmental Assessment Act requires an environmental assessment when the Department takes certain actions under the Fisheries Act. In the past few years environmental interests have taken the Department to task claiming that it has circumvented assessment. The alleged circumvention occurs when proponents of projects that will harm fish habitat, in consultation with the Department, revamp the project to avoid harm, and the Department issues a letter of advice to the proponent …

In Memoriam - John P. Taylor, Natural Resources Journal

Natural Resources Journal

No abstract provided.

Placing Blame Where Blame Is Due: The Culpability Of Illegal Armed Groups And Narcotraffickers In Colombia's Environmental And Human Rights Catastrophes, Luz E. Nagle

William & Mary Environmental Law and Policy Review

No abstract provided.

Terrorism, Security, And Environmental Protection, Stephen M. Johnson

William & Mary Environmental Law and Policy Review

No abstract provided.

National Wildlife Refuge System: Ecological Context And Ingegrity, J. Michael Scott, Thomas Loveland, Kevin Gergely, James Strittholt, Nancy Staus

Natural Resources Journal

No abstract provided.

The Kyoto Protocol: Reflections On Its Significance On The Occasion Of Its Entry Into Force, Meinhard Doelle

Dalhousie Law Journal

When the Kyoto Protocol was signed in December 1997, there were high hopes in some quarters that it marked the beginning of a global commitment to climate change mitigation. In the past seven years, however, the Protocol has languished while many of the kev, States have done little to implement it. Until the fall of 2004 it was uncertain whether the Protocol would ever enter into force. To the surprise of many, with ratification by Russia, it came into effect on February 16, 2005, only three years before the start of the first period of commitments to reduce greenhouse gas …

Discretion And The Criminalization Of Environmental Law, Charles J. Babbitt, Dennis C. Cory, Beth L. Kruchek

Duke Environmental Law & Policy Forum

No abstract provided.

Use Of Lawyer-Client Privileged Information By In-House Counsel Whistleblowers In Their Own Retaliatory Discharge Actions Under The Environmental Laws, David A. Drachsler

Duke Environmental Law & Policy Forum

No abstract provided.

“Ua Koe Ke Kuleana O Na Kanaka” (Reserving The Rights Of Native Tenants): Integrating Kuleana Rights And Land Trust Priorities In Hawai`I, Jocelyn B. Garovoy

ExpressO

No abstract provided.

Trade Disputes Over Science: The European Union’S Ban On Hormone-Treated Beef And Genetically Engineered Foods And Crops, David Wirth

David A. Wirth

No abstract provided.

Responsible Corporate Officers And Section 113(C)(6) Of The Clean Air Act: The Dormant Provision With A Useful Function, Peter C. White

ExpressO

The flurry of criticism over the addition of the responsible corporate officer provision to the Clean Air Act has focused on its application of strict liability and the mens rea requirement. Dotterweich and Park both applied what appeared to be strict liability for violations of the Food, Drug and Cosmetics Act. The fear was that non-culpable corporate officers would be held strictly liable, face not misdemeanor sanctions but the most severe felony penalties.

This fear was unfounded. No corporate officer was held strictly liable; public welfare offenses evolved as the courts conscientiously applied the “knowing” requirement to environmental statutes and …

Wireless Telecommunications, Infrastructure Security, And The Nimby Problem, Steven J. Eagle

ExpressO

This article explores the clash between federal policies encouraging wireless communications services and the application of local land use regulations to the siting of telecommunications towers. It concludes that Congress’s effort to strike a balance in the Telecommunications Act of 1996 between local concerns on one hand and national commerce and homeland security on the other has proved vague in content and susceptible to procedural thickets that might make local parochialism impervious to challenge. The article suggests statutory changes, including time limitations and the creation of presumptions and safe harbor rules, that might better balance infrastructure development needs with local …

West Virginia's Seemingly Eternal Struggle For Fiscally And Environmentally Adequate Coal Mining Reclamation Bonding Program, Craig B. Giffin

West Virginia Law Review

No abstract provided.

This Land Is Your Land (Our Right To The Environment), Victor B. Flatt

West Virginia Law Review

No abstract provided.

Suburban Sprawl, Jewish Law, And Jewish Values, Michael E. Lewyn

ExpressO

The article explains how automobile-dependent suburban sprawl is in conflict with Jewish law and Jewish values. This is so in three ways. First, Jewish law requires Jews to make the poor self-supporting- but suburban sprawl creates welfare dependency by making it impossible for poor people without cars to reach jobs in auto-dependent suburbs. Second, Jewish law requires Jews to walk rather than ride to services on holy days- but in most low-density suburbs, very few people can live within walking distance of a synagogue (or anything else for that matter). Third, Jewish law has traditionally discouraged development of rural land …

Cap And Trade: How The Sulfur Dioxide Allowance Market Works, And How It Could Work Better, Jacob R. Kreutzer

ExpressO

This Article provides an overview of the sulfur dioxide allowances market, and identifies ways in which could be improved. This information can be used to improve the performance of the sulfur dioxide allowances market, and incorporated into new emissions allowance markets to improve their operation. Part I of this Article provides background information on the creation and operation of the sulfur dioxide allowances market. Part II reports and analyzes data regarding the actual behavior of the market from 1995 to 2003. Part III engages in an economic analysis of the interaction between the allowances market and the power industry. Part …

Agenda: Energy Field Tour 2004, University Of Colorado Boulder. Natural Resources Law Center

Energy Field Tour 2004 (August 4-6)

Tour (day trips along the Front Range, originating in Boulder) held August 4-6, 2004.

Summary: Assorted articles, maps, brochures, and other materials prepared for participants of the tour

Contents:

2004 energy field tour agenda -- Mission and vision of the Natural Resources Law Center -- Natural Resources Law Center, University of Colorado School of Law : a brief introduction -- Boulder area street map 4 -- Chatauqua area map -- [Bus] Route 203/225 : Boulder/Lafayette/Baseline -- Boulder-Lafayette via Baseline [bus schedules]

WEDNESDAY, AUGUST 4, 2004: OIL & GAS PRODUCTION FACILITIES AND PLATTEVILLE GAS PROCESSING FACILITY: 'Our next shortage', The Washington …

It's A Small World After All: Making The Case For The Extraterritorial Application Of The National Environmental Policy Act, Browne C. Lewis

Law Faculty Articles and Essays

The purpose of this article is to illustrate why NEPA should be applied extraterritorially. For purposes of this article, extraterritorially means "beyond the territorial jurisdiction of the United States." Section One discusses the mandates of NEPA and its importance to the protection of the environment. In the second section, the article addresses the historic treatment of the issue of NEPA' s extraterritorial application by the legislative, executive and judicial branches. The third section analyzes the possible future treatment of the issue by those branches. The fourth section consists of a discussion of the reasons why NEPA should be applied extraterritorially. …

A Perfect Storm: Mercury And The Bush Administration, Part Ii, Rena I. Steinzor, Lisa Heinzerling

Faculty Scholarship

The Environmental Protection Agency's recent proposal to regulate mercury emissions from power plants, and its final rule on mercury emissions from chlor-alkali facilities, suffer from serious scientific, legal, economic, and distributional flaws. The first installment in this series examined the strong scientific basis for regulating mercury emissions and critiqued the agency's decisions from a legal perspective. This second (and final) installment finds that EPA's decisions also fail from the perspectives of economics and environmental justice. EPA and the Office of Management and Budget's economic analysis of the proposal to regulate mercury from power plants was shoddy and one-sided. EPA and …

Pops, Pic, And Lrtap: The Role Of The U.S. In Draft Legislation To Implement These International Conventions : Testimony Before The H. Subcomm. On Environment And Hazardous Materials Of The H. Comm. On Energy And Commerce, 108th Cong., Jul. 13, 2004 (Statement Of Lisa Heinzerling, Prof. Of Law, Geo. U. L. Center), Lisa Heinzerling

Testimony Before Congress

No abstract provided.

Scuba Shellfishing Ban Withstands Challenge, Lance Young

Sea Grant Law Fellow Publications

No abstract provided.

Environmental Law At Maryland, No. 19, Summer-Fall 2004

Environmental Law at Maryland

No abstract provided.

Environmental Law, Travis M. Trimble

Mercer Law Review

In 2003 the United States Court of Appeals for the Eleventh Circuit decided two cases concerning the Clean Air Act, holding that provisions allowing the Environmental Protection Agency ("EPA") to address compliance issues through the issuance of administrative compliance orders are unconstitutional and that the Clean Air Act does not waive the United States's defense of sovereign immunity in an action for punitive penalties for past violations of air pollution laws. The court also considered for the first time the circumstances under which a state enforcement action would preempt a citizen suit under the Clean Water Act. This Article also …

Who Gets The Hooch?: Georgia, Florida, And Alabama Battle For Water From The Apalachicola- Chattahoochee-Flint River Basin, C. Hansell Watt Iv

Mercer Law Review

During a time when technology is constantly changing and becoming more advanced, one of the constants that our planet, and all of the creatures on it, will always rely upon is fresh water. Throughout history, rivers have been the lifeblood that supports cities by providing drinking water, irrigation, transportation, trade, recreation, power, and many other industrial and domestic uses. As the human population grows, rivers and lakes are more pressured to support the growing needs of the communities and cities that rely on these bodies of water. Because many rivers in the United States flow across numerous states, problems develop …

The Future Of Groundwater In The West, James S. Lochhead

Groundwater in the West (Summer Conference, June 16-18)

7 pages.

Advancing Binational Cooperation In Transboundary Aquifer Management On The U.S. Mexico Border [Paper And Presentation], Stephen P. Mumme

Groundwater in the West (Summer Conference, June 16-18)

Presenter: Steve Mumme, Colorado State University.

23 pages and 8 slides.

Contains footnotes.

Slides: Deep Trouble On The Plains: Conflicts Over Aquifer Mining, Management And Marketing, Ronald Kaiser

Groundwater in the West (Summer Conference, June 16-18)

Presenter: Ron Kaiser, Texas A&M University.

47 slides.