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Full-Text Articles in Litigation
The Rule Of Five Guys, Lisa Heinzerling
The Rule Of Five Guys, Lisa Heinzerling
Michigan Law Review
A Review of The Rule of Five: Making Climate History at the Supreme Court. by Richard J. Lazarus.
Fmc Corp. V. Shoshone-Bannock Tribes, Seth T. Bonilla
Fmc Corp. V. Shoshone-Bannock Tribes, Seth T. Bonilla
Public Land & Resources Law Review
In 1998, FMC Corporation agreed to submit to the Shoshone-Bannock Tribes’ permitting processes, including the payment of fees, for clean-up work required as part of consent decree negotiations with the Environmental Protection Agency. Then, in 2002, FMC refused to pay the Tribes under a permitting agreement entered into by both parties, even though the company continued to store hazardous waste on land within the Shoshone-Bannock Fort Hall Reservation in Idaho. FMC challenged the Tribes’ authority to enforce the $1.5 million permitting fees first in tribal court and later challenged the Tribes’ authority to exercise civil regulatory and adjudicatory jurisdiction over …
Take This Job And Shove It: The Pragmatic Philosophy Of Johnny Paycheck And A Prayer For Strict Liability In Appalachia, Eugene "Trey" Moore Iii
Take This Job And Shove It: The Pragmatic Philosophy Of Johnny Paycheck And A Prayer For Strict Liability In Appalachia, Eugene "Trey" Moore Iii
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming
Asarco Llc V. Atlantic Richfield Company, Ryan L. Hickey
Asarco Llc V. Atlantic Richfield Company, Ryan L. Hickey
Public Land & Resources Law Review
The Comprehensive Environmental Response, Compensation, and Liabiltiy Act, commonly known as CERCLA, facilitates cleanup of hazardous waste sites and those contaminated by other harmful substances by empowering the Environmental Protection Agency to identify responsible parties and require them to undertake or fund remediation. Because pollution sometimes occurrs over long periods of time by multiple parties, CERCLA also enables polluters to seek financial contribution from other contaminators of a particular site. The Ninth Circuit clarified the particuar circumstances under which contribution actions may arise in Asarco LLC v. Atlantic Richfield Co., holding non-CERCLA settlements may give rise to CERCLA contribution …
This Is Not The Bee’S Knees: A Critical View Of The Government’S Lack Of Policy To Conserve The Pollinators, Savannah Pugh
This Is Not The Bee’S Knees: A Critical View Of The Government’S Lack Of Policy To Conserve The Pollinators, Savannah Pugh
Sustainable Development Law & Policy
No abstract provided.
Negotiating Better Superfund Settlements: Prospects And Protocols, Scott A. Cassel
Negotiating Better Superfund Settlements: Prospects And Protocols, Scott A. Cassel
Pepperdine Law Review
No abstract provided.
New Jersey V. Epa, Nathan Borgford-Parnell
New Jersey V. Epa, Nathan Borgford-Parnell
Sustainable Development Law & Policy
No abstract provided.
The Evolving Scope Of Significant Effects On The Environment: The National Environmental Policy Act And Climate Change, Chris Mcchesney
The Evolving Scope Of Significant Effects On The Environment: The National Environmental Policy Act And Climate Change, Chris Mcchesney
Sustainable Development Law & Policy
No abstract provided.
The Global Warming Case: Massachusetts V. Environmental Protection Agency , Meryl Eschen Mills
The Global Warming Case: Massachusetts V. Environmental Protection Agency , Meryl Eschen Mills
Sustainable Development Law & Policy
No abstract provided.
Green Mountain Chrysler Plymouth Dodge Jeep V. Crombie, Addie Haughey
Green Mountain Chrysler Plymouth Dodge Jeep V. Crombie, Addie Haughey
Sustainable Development Law & Policy
No abstract provided.
The Tribal Sovereign As Citizen: Protecting Indian Country Health And Welfare Through Federal Environmental Citizen Suits, James M. Grijalva
The Tribal Sovereign As Citizen: Protecting Indian Country Health And Welfare Through Federal Environmental Citizen Suits, James M. Grijalva
Michigan Journal of Race and Law
This Article suggests that federal environmental citizen suits can serve tribal sovereignty interests without presenting the legal risks tribes face when they attempt direct regulation of non-Indians. Section I briefly describes governmental regulatory roles tribes may play in the implementation of federal environmental law and policy. Section II overviews the conceptual and procedural framework for tribal claims as "citizens." Section III argues that in bringing environmental citizen suits, tribal governments exercise their inherent sovereign power and responsibility to protect the health and welfare of tribal citizens and the quality of the Indian country environment. Section IV concludes that, while suits …
Native Americans Confront Mercury Threat To Health, Culture, Abigail Okrent
Native Americans Confront Mercury Threat To Health, Culture, Abigail Okrent
Sustainable Development Law & Policy
No abstract provided.
Epa’S Administrative Compliance Orders Ruled Unconstitutional, Mary Margaret Mccleroy
Epa’S Administrative Compliance Orders Ruled Unconstitutional, Mary Margaret Mccleroy
Sustainable Development Law & Policy
No abstract provided.
Epa’S Administrative Compliance Orders Ruled Unconstitutional, Mary Margaret Mccleroy
Epa’S Administrative Compliance Orders Ruled Unconstitutional, Mary Margaret Mccleroy
Sustainable Development Law & Policy
No abstract provided.