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Agenda: Water, Climate And Uncertainty: Implications For Western Water Law, Policy, And Management, University Of Colorado Boulder. Natural Resources Law Center, United States. National Oceanic And Atmospheric Administration, National Center For Atmospheric Research (U.S.), Western Water Assessment (Program), University Of Colorado Boulder. Cooperative Institute For Research In Environmental Sciences, Hydrosphere Resource Consultants, Colorado Foundation For Water Education, Bp North America

Water, Climate and Uncertainty: Implications for Western Water Law, Policy, and Management (Summer Conference, June 11-13)

The swollen creeks of Boulder, Colorado provided a fitting backdrop for the “Water, Climate and Uncertainty” conference at the Natural Resources Law Center of the University of Colorado in June 2003. Recognizing the importance of providing a forum for discussions between water managers, lawyers, policy makers, and scientists, Doug Kenney, the conference's organizer, assumed the responsibility of master of ceremonies, providing thoughtful transitions between speakers and sessions while throwing some humor into the mix. Under his direction, luminaries in the fields of science, law and policy engaged a wide range of issues related to the future of water management.

The …

Suing Pesticide Manufacturers?: Federal Preemption Still Prevails In The Eighth Circuit. Netland V. Hess & Clark, Inc., Bridget Romero

Journal of Environmental and Sustainability Law

No abstract provided.

The Small Business Liability Relief And Brownfields Revitalization Act: A Critique, Flannary P. Collins

Duke Environmental Law & Policy Forum

No abstract provided.

Untying The Hands Of D.C.: Ways To Avoid Constitutional Conflicts While Addressing Solid Waste Dispoal, Janell De Gennaro

University of the District of Columbia Law Review

No abstract provided.

Environmental Law At Maryland, No. 16, Winter-Spring 2003

Environmental Law at Maryland

No abstract provided.

David, Goliath And The Beach Cleaning Machine: How A Small California Town Fought An Oil Giant—And Won! By Barbara Wolcott, Capital Books, Matt Brown

Sustainable Development Law & Policy

No abstract provided.

Can The Environmental Justice Movement Survive Without Title Vi Of The Civil Rights Act, Daniel V. Madrid

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Bi-Polar And Polycentric Approaches To Human Rights And The Environment, Michael Burger

Sabin Center for Climate Change Law

Within the well-established human rights system, there exist at least three ways to promote environmental ends (each of which is discussed further in Section III below): (1) mobilizing existing rights to achieve environmental ends; (2) reinterpreting existing rights to include environmental concerns; and (3) creating new rights, such as the right to a clean environment. To justify engaging in any one of these processes, an advocate must recognize both their moral legitimacy and legal utility. As one author has argued, "the justification for rights is to be found in the way in which they enable us to address a key …

Holding The United States Accountable For Environmental Damages Caused By The U.S. Military In The Philippines, A Plan For The Future, 4 Asian-Pac. L. & Pol'y J. 320 (2003), Kim D. Chanbonpin

UIC Law Open Access Faculty Scholarship

No abstract provided.

Special Issues In Environmental Law Involving Federal Agencies, William A. Wilcox Jr.

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Kootenai Tribe Of Idaho V. Veneman: The Roadless Rule: Dead End Or Never Ending Road, Kristine Meindl

Villanova Environmental Law Journal (1991 - )

No abstract provided.

The Environmental Commerce Clause, Christine A. Klein

UF Law Faculty Publications

This Article studies every commerce clause decision of the modem Supreme Court that involves the scope of governmental authority to regulate the use of natural resources. These decisions comprise what I will call the environmental commerce clause—the Court's interpretation of the limits mandated by the commerce clause upon federal and state legislation protecting natural resources. Overall, the Court has been limiting the scope of the affirmative commerce clause while simultaneously expanding the reach of the dormant commerce clause. As a result, both federal and state efforts to protect the natural environment have been rendered constitutionally suspect.

This study supports two …

In Search Of An Environmental Ethic, Alyson C. Flournoy

UF Law Faculty Publications

A preliminary analysis of several core environmental provisions suggests that the mix of values embedded in our environmental statutes is substantially similar to the values found in the common law and non-environmental statutes. That is, the environmental statutes tend to reflect human concerns that predate any dawning of environmental awareness -- with only a modest introduction of new values or reasons for caring that are uniquely attributable to concern for the human relationship to the environment. If this is true, it seems to undermine a tenet of the public debate. It may call into question the very naming of these …

David, Goliath And The Beach Cleaning Machine: How A Small California Town Fought An Oil Giant—And Won! By Barbara Wolcott, Matt Brown

Sustainable Development Law & Policy

No abstract provided.

The International Significance Of An Instance Of Urban Environmental Inequity In Tijauna, Mexico , Tseming Yang

Fordham Urban Law Journal

Environmental equity problems are not exclusive to any one nation. With a lack of regulations, communities of color and poor, and the prevalence of social marginalization, issues of environmental inequality may occur even more vividly in countries with this climate. In Tijuana, Mexico, Metales y Derivados, an abandoned lead smelter, left its surrounding community, Colonia Cilpancingo, with a litany of health related issues and a hunt for justice from its failure to act with appropriate environmental stewardship. Having gained attention in the international news and exposing a failure of regulatory policies and transnational exploitation, Metales is an example of the …

Private Lawyers And Environmental Justice, Michael B. Gerrard

Faculty Scholarship

A private lawyer representing a private client is seldom a crusader. When environmental justice is relevant to a particular matter – the client proposes to build a facility and engages the lawyer to help secure necessary governmental approvals, for example-the lawyer's primary duty must be to the client.

The client in such a case faces two primary types of questions: substantive, such as where and how to build the facility; and procedural, deciding what processes to follow and how much to involve the community in the planning. Typically, by the time the lawyer is brought in, the client already has …

Inordinate Chill: Bits, Non-Nafta Mits, And Host-State Regulatory Freedom- An Indonesian Case Study, Stuart G. Gross

Michigan Journal of International Law

A number of structural factors, which are beyond the immediate scope of this Note, may influence less wealthy countries to cave in to investor threats of arbitration, as Indonesia appears to have done here. However, their hesitancy to fight may also be based, in part, on an inadequate understanding of the applicable law, which allows investors to inordinately influence host-State decisions through threats of arbitration that have little or no chance of success. In regard to the mining companies' threat, this at least appears to be the case. As this Note will demonstrate, the GOI could have likely beaten the …

Small Town Trash: A Model Comprehensive Solid Waste Ordinance For Rural Areas Of The United States, Kim Diana Connolly

Journal Articles

No abstract provided.

Risk Avoidance, Cultural Discrimination, And Environmental Justice For Indigenous Peoples, Catherine O'Neill

Faculty Articles

This article begins with the recognition that environmental justice for Native peoples requires attention to the interrelated cultural, spiritual, social, ecological, economic, and political dimensions of environmental issues. It observes, moreover, that “environmental justice requires an appreciation of each tribe’s particular historical circumstances and contemporary understandings, including each group’s aspirations for the flourishing of its culture.” It contends that some environmental decision makers and commentators have increasingly come to embrace “risk avoidance” – strategies that call upon risk-bearers to alter their practices in order to avoid the risk of environmental harms – in lieu of risk reduction – strategies that …

Harnessing Information Technology To Improve The Environmental Impact Review Process, Michael B. Gerrard, Michael Herz

Faculty Scholarship

In 1970, when the National Environmental Policy Act (NEPA) was enacted, the new and exciting information management technologies were the handheld four-function calculator and the eight-track tape cassette. Three decades later, after the personal computer, the digital revolution, and the World Wide Web, the implementation of NEPA is still stuck in the world of 1970. Other aspects of the bureaucracy have seen reform-the E-Government Strategy, an E-Government Act, the creation of a new Office of Electronic Government within the Office of Management and Budget (OMB), and, to focus on the environmental arena, the breathtaking success of the web-based Toxic Release …

Exercising Environmental Human Rights And Remedies In The United Nations System, Linda A. Malone, Scott Pasternack

William & Mary Environmental Law and Policy Review

No abstract provided.

Visions Of History In The Hope For Sustainable Development, David A. Westbrook

Buffalo Environmental Law Journal

No abstract provided.

Ten Year Index

Southeastern Environmental Law Journal

No abstract provided.

The Extension Of Legal Rights To Animals Under A Caring Ethic: An Ecofeminist Exploration Of Steven Wise's Rattling The Cage, Katrina M. Albright

Natural Resources Journal

No abstract provided.

The Land Use ­ Environmental Law Distinction: A Geo-Feminist Critique, Nancy Perkins Spyke

Duke Environmental Law & Policy Forum

No abstract provided.

Sustainable Development And Postmodern International Law: Greener Globalization?, Barbara Stark

William & Mary Environmental Law and Policy Review

No abstract provided.

The Select Steel Analytic Shortcut: An Outcome-Predictive Analytic Model Exposes The Flaws Of The Select Steel Approach To Title Vi, Gina M. Van Detta

North Carolina Central Law Review

No abstract provided.

Sustaining Urban Green Spaces: Can Public Parks Be Protected Under The Public Trust Doctrine, Serena M. Williams

Southeastern Environmental Law Journal

No abstract provided.

Fourth Circuit Upholds U.S. Navy's Environmental Impact Statement, Reaffirming Federal Agency Latitude In Addressing Environmental Impacts, Christopher M. Ford

Southeastern Environmental Law Journal

No abstract provided.

Panel: Ethical Dilemmas: Finding Common Ground On Controversial Issues, Lesley Blackner, Richard C. Foltz, Brion Blackwelder, Lisa C. Schiavinato, Alyson C. Flournoy

UF Law Faculty Publications

This panel discussion applied ethics to the theme of the 8th Annual Public Interest Environmental Conference. Panelists examined ways ethics may help reconcile industry (such as business and development) with environmentalism.