Digital Commons Network^™

Environmental Social Movements Since Love Canal, Samara Swanston

Buffalo Environmental Law Journal

No abstract provided.

Rethinking Risk-Based Environmental Cleanup, Alex Geisinger

Indiana Law Journal

No abstract provided.

Environmental Law Slogans For The New Millennium, Michael Allan Wolf

UF Law Faculty Publications

Contrary to the bleakest predictions offered by environmental fatalists during the latter half of the 1900s, humanity and much of the plant and animal kingdom survived New Year's Eve 1999. Similarly, contrary to the dire warnings of industrial organizations and lobbyists that overburdening environmental regulations would spell the end of profitable, American capitalism, the year 2000 dawned in the United States with the world's most extensive array of anti-pollution and pro-conservation measures regulating the globe's most impressive economic engines. New times demand new paradigms; it is much more than a calendar change that occasions a reconsideration of the status and …

Economics V. Equity Ii: The European Experience, Stephen M. Johnson

Washington and Lee Law Review

No abstract provided.

Case Summaries

Journal of Environmental and Sustainability Law

No abstract provided.

Economics V. Equity Ii: The European Experience, Stephen M. Johnson

Articles

Lawmakers in the European Union and its member states, like their counterparts in the United States, increasingly are using economic tools to protect the environment while reducing their focus on command and control regulation. The reliance on economic approaches to environmental protection may disproportionately impact low income and minority communities. Although evidence of environmental injustice in Europe is not as strong as in the United States, several recent studies demonstrate that traditional environmental protection measures in Europe have disproportionately funneled pollution to low income communities. Economic-based environmental measures can only exacerbate that trend.

Proving An Environmental Justice Case: Determining An Appropriate Comparison Population, Bradford Mank

Faculty Articles and Other Publications

In proving a case of adverse disparate impact discrimination under Title VI of the 1964 Civil Rights Act, a plaintiff in its prima facie case must show a significant disparity between an affected population and an appropriate comparison population. Both government agencies and commentators have neglected to address the crucial issue of how to elect and define a comparison population. Title VI cases often look to Title VII cases for guidance. Title VII cases require that a comparison population should be similarly situated to the affected population. In 2000, the Environmental Protection Agency ("the EPA" or "the Agency") issued draft …

Secondary Effects Of Environmental Justice Litigation: The Case Of West Dallas Coalition For Environmental Justice V. Epa, Gregg P. Macey, Lawrence E. Susskind

Faculty Scholarship

No abstract provided.

Environmental Justice: A Review Of State Responses, Hillary Gross, Hannah Shafsky, Kara Brown

UC Law Environmental Journal

No abstract provided.

New Tools For Environmental Justice: Articulating A Net Health Effects Challange To Emissions Trading Markets, Nicklas A. Akers

UC Law Environmental Journal

No abstract provided.

Using Social Ecology To Meet The Productive Harmony Intent Of The National Environmental Policy Act, Kevin Preister, James A. Kent

UC Law Environmental Journal

No abstract provided.

Litigation's Bounded Effectiveness And The Real Public Trust Doctrine: The Aftermath Of The Mono Lake Case, Craig Anthony (Tony) Arnold, Leigh A. Jewell

UC Law Environmental Journal

No abstract provided.

Boise Cascade Corp. V. Board Of Forestry: The Oregon Supreme Court Opens The Door For Successful Takings Claims Under The Endangered Species Act., Shaye Diveley

UC Law Environmental Journal

No abstract provided.

Clean Air In Indian Country: Regulation And Environmental Justice, Sandra D. Benischek

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Racializing Environmental Justice, Eric K. Yamamoto, Jen-L W. Lyman

University of Colorado Law Review

No abstract provided.

The Secondary Effects Of Environmental Justice Litigation: The Case Of West Dallas Coalition For Environmental Justice V. Epa, Gregg P. Macey, Lawrence E. Susskind

Faculty Scholarship

No abstract provided.

Environmental Law Slogans For The New Millenium, Michael Allan Wolf

University of Richmond Law Review

Contrary to the bleakest predictions offered by environmental fatalists during the latter half of the 1900s, humanity and much of the plant and animal kingdom survived New Year's Eve 1999. Similarly, contrary to the dire warnings of industrial organizations and lobbyists that overburdening environmental regulations would spell the end of profitable, American capitalism, the year 2000 dawned in the United States with the world's most extensive array of anti-pollution and pro-conservation measures regulating the globe's most impressive economic engines.

Highways And Bi-Ways For Environmental Justice, Richard J. Lazarus

Georgetown Law Faculty Publications and Other Works

The purpose of this essay is to discuss the past, present, and future of the environmental justice movement as illustrated by the highway between Selma and Montgomery in Alabama and the highway system surrounding the City of Atlanta in neighboring Georgia. The essay is divided into three parts. The first part describes environmental justice, seeking both to place it in a broader historical perspective and to discuss how it relates to civil rights law and environmental law. The second part undertakes a closer examination of the challenges presented by efforts to fashion positive law to address environmental justice norms. This …

Is The Human Right To Environment Recognized Under International Law? It Depends On The Source, Luis E. Rodriguez-Rivera

Colorado Environmental Law Journal

No abstract provided.

International Environmental Dispute Resolution And The Need For Access By Non-State Entities, Peggy Rodgers Kalas

Colorado Environmental Law Journal

No abstract provided.

Adr At The Environmental Protection Agency, Joel B. Eisen

Law Faculty Publications

This chapter examines how the U.S. Environmental Protection Agency (EPA) uses alternative dispute resolution (ADR) methods to help resolve complex environmental disputes. In recent years, the EPA's use of ADR has increased dramatically in a wide variety of settings. The EPA has made ADR a central feature of its environmental enforcement strategy, encouraged its use in Title VI and environmental justice conflict settings, and turned to negotiated rulemaking as an alternative to the cumbersome notice-and-comment process for development of new federal regulations. Other EPA programs, such as the Brownfields Economic Redevelopment Initiative, promote nonadversarial methods for tackling complex environmental problems. …

South Camden And Environmental Justice: Substance, Procedure, And Politics, Jeffrey M. Gaba

Faculty Journal Articles and Book Chapters

No abstract provided.

Beyond Eco-Imperialism: An Environmental Justice Critique Of Free Trade, Carmen G. Gonzalez

Faculty Articles

The article contributes to the trade and environment literature by assessing the claim that industrialized country proposals to integrate environmental protection into the WTO trade regime constitute environmental imperialism - the imposition of industrialized country values and preferences on less powerful nations. This claim is usually based on two distinct premises. The first is that environmental protection is a luxury that poor countries can ill afford. The second is that wealthy countries have played a leadership role in the protection of the global environment. The article questions these assumptions. It argues that environmental protection is essential to well-being of the …

Executive Orders And Presidential Commands: Presidents Riding To The Rescue Of The Environment, William H. Rodgers, Jr.

Articles

Presidential executive orders are legal and political documents. They are also uniquely personal utterances of the president and the administration. The right words at the appropriate time can motivate and move the human spirit, and they can link this president and this moment to the strongest of ideas. Being personal and tending to the heroic, the executive order can thus be perceived as accomplishing a great public good.

This article will explore the pros and cons of the executive order tool. I will then evaluate a number of executive orders that have impacted contemporary environmental policy. I will conclude by …

Judicial Review Under Seqra: A Statistical Study, Michael B. Gerrard

Faculty Scholarship

Nearly 2000 judicial opinions were issued under the State Environmental Quality Review Act ("SEQRA") between its enactment in 1975 and the end of 2000. Almost 700 were issued from 1990 (when the author began undertaking an annual review of SEQRA cases for the New York Law Journal) through 2000. These numbers are large enough to serve as a basis for a statistically valid review of case outcomes.

This article is divided into five parts. Part I presents statistics on the SEQRA cases. Part II reviews the history of how the Court of Appeals has decided SEQRA cases. Part III …

Reflections On Environmental Justice, Michael B. Gerrard

Faculty Scholarship

Environmental justice is a very hot topic. Yesterday's New York Times on the front page of the Metropolitan section had a story stating: Mid-Sized Plants Headed to Poor Areas. The story stated, "The Pataki administration acknowledges in its own study that the electric generators that it wants to install around New York City would go into poor heavily minority communities, a finding that supports some of the arguments of the project's opponents. This is quoting an unreleased environmental justice analysis that may or may not be valid, but it certainly shows how hot a topic it is. This morning …

Currencies And The Commodification Of Environmental Law, J.B. Ruhl, James Salzman

Vanderbilt Law School Faculty Publications

The success of several environmental trading markets (ETMs) has led to proposals for broader use of ETMs in environmental and resource management policy. The successful ETMs all share a basic feature-they exchange units of trade that are fungible, such as tons of sulfur dioxide or kilos of fish. This feature of trading promotes resource allocation efficiency while advancing environmental protection. But most commodities exchanged in current and proposed ETMs, such as wetlands and endangered species habitat, exhibit nonfungibilities across the dimensions of type, time, and space. Using ETMs to trade these commodities is no longer trading "environmental apples for apples," …

Resource Law Notes Newsletter, No. 50, Fall 2000, University Of Colorado Boulder. Natural Resources Law Center

Resource Law Notes: The Newsletter of the Natural Resources Law Center (1984-2002)

No abstract provided.

A Book Review Of An Invitation To Environmental Sociology, George Dillmann

Buffalo Environmental Law Journal

No abstract provided.

October 2000, Ciel, Handbook On The Office Of The Compliance Advisor Ombudsman , Draft, Center For International Environmental Law

CAO General 1999-Present

No abstract provided.