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Analysing The Extraterritorial Application Of The National Environmental Policy Act, Browne C. Lewis

Law Faculty Articles and Essays

The purpose of this paper is to examine the issue of whether, in light of Congress' actions and the judicial precedents, NEPA should be applied extraterritorially. Section One discusses the extraterritorial application of United States laws in general, the bases supporting the extraterritorial application, and the tests courts have relied upon to determine the appropriateness of extraterritorial application. The section also explores the presumption against extraterritoriality and the logic behind it.

In the second section, the paper addresses the extraterritorial application of NEPA. That sections includes an analysis of the congressional, executive and judicial treatment of the issue. The third …

Book Review. National Security And Environmental Protection: The Half-Full Glass, John S. Applegate

Articles by Maurer Faculty

No abstract provided.

Environmental Laws: Grist For The Equal Protection Mill, Alice Kaswan

University of Colorado Law Review

No abstract provided.

Sustainable Development: A Five-Dimensional Algorithm For Environmental Law, J.B. Ruhl

Vanderbilt Law School Faculty Publications

This article describes sustainable development as involving five dimensions: environment, economy, equity, time, and space (or scale). I suggest that the complexity inherent in balancing these five dimensions demand algorithmic approaches like those being explored in complex adaptive systems theory.

Economics V. Equity: Do Market-Based Environmental Reforms Exacerbate Environmental Injustice?, Stephen M. Johnson

Washington and Lee Law Review

No abstract provided.

Multicultural Participation In The Public Hearing Process: Some Theoretical, Pragmatical, And Analeptical Considerations, John C. Duncan, Jr.

Journal Publications

Ideally, public participation in rule-making leads to better rules. Failure to involve the public obviously dilutes or vitiates democracy in crucial ways. This Article will discuss the hearing process of administrative rule-making, and ways that agencies can accommodate multi-cultural differences so as to improve both access to participation and the efficacy of that participation. Specifically, this paper will discuss the environmental justice movement. Part II of this Article places participation problems in context by looking at specific issues of environmental equity in the rule-making process. Part III examines the need to expand public participation as a desirable goal, discusses obstacles …

Brownfields Policies For Sustainable Cities, Joel B. Eisen

Law Faculty Publications

My analysis begins in Part I with a short summary of brownfields law and policy, and a description of our current understanding of "sustainable development." There is no hard and fast definition of the term, but it is increasingly more clear that a body of sustainable development "law" will take shape as the product of a host of decisions made now and in the near future. The optimal way to ensure that brownfields programs mesh with this body of law-whatever it turns out to be-is to incorporate basic norms of sustainable development about which there is widespread agreement. Those agreed-upon …

The Co-Evolution Of Sustainable Development And Environmental Justice: Cooperation, Then Competition, Then Conflict, J.B. Ruhl

Vanderbilt Law School Faculty Publications

This article explores sustainable development and environmental justice as potentially conflicting policy goals. Sustainable development includes equity as one of its five dimensions (in addition to environment, economy, time, and space), whereas environmental justice focuses principally on equity. Over time there is likely to be an increasing number of contexts in which sustainability-based policy solutions do not satisfy environmental justice advocates.

The Metrics Of Constitutional Amendments: And Why Proposed Environmental Quality Amendments Don't Measure Up, J.B. Ruhl

Vanderbilt Law School Faculty Publications

This article builds a model of federal constitutional amendments using proposed environmental quality rights amendments as a case study. I argue that environmental quality rights amendments are unworkable and violate the underpinnings of federal constitutional design.

Beyond Black And White: Selected Writings By Asian Americans Within The Critical Race Theory Movement Perspective., Harvey Gee

St. Mary's Law Journal

A new generation of progressive intellectuals has evolved, attempting to transform the manner in which law, race, and racial power are understood and discussed in America. The latter half of the twentieth century proved to be a time of profound demographic changes. Racial and political reform policies of the post-modern Civil Rights Movement failed to fully respond to these dramatic social changes. A theory was created to address social racism because the “color-blind” model posited by the Supreme Court of the United States perpetuated racism by supporting the existing hierarchy. Critical Race Theory attempts to tackle these dramatic social changes …

The Most Creative Moments In The History Of Environmental Law: "The Who's", William H. Rodgers, Jr.

Articles

My definition of creativity in environmental law is any legal initiative that advances the subject with new levels of analysis, structure, or institutional bridges. There are two requirements: improvement on function and novelty. Law is better if it increases the prospect of protecting the natural world or its inhabitants. Law is novel if it combines mandate, process, or structure in unusual ways.

There are reasons to suspect that environmental law as a field may be more creative than other legal subjects such as trust and estates, contracts, property, or tax law. One reason, as Oliver Houck has said, is that …

The Past, Present And Future Of Title Vi Of The Civil Rights Act As A Tool Of Environmental Justice, Michael B. Gerrard, Nicholas Johnson, Peggy Shepard, Melva J. Hayden, Sheila Foster, Elizabeth Georges

Faculty Scholarship

Mr. Michael Gerrard: I am going to try to do something a little unconventional. After hearing some remarks from Professor Johnson, I will try to start a dialogue. I have been requested to ask very tough questions of our panelists, so I will do that in the hope of drawing all of you in the audience into the dialogue. First, we will hear some remarks from Professor Nicholas Johnson of Fordham University School of Law.

Learning From Nepa: Some Guidelines For Responsible Federal Risk Legislation, John S. Applegate, Celia Campbell-Mohn

Articles by Maurer Faculty

The past three or more Congresses have seen substantial efforts to enact "risk reform" legislation that would require environmental, health, and safety regulations to be adopted following the performance of risk assessments modeled on quantitative risk assessment methods for carcinogens. While such a requirement has potentially beneficial effects on the quality of the resulting rules, there is also a substantial potential for mischief by reorienting substantive environmental, health, and safety regulation, and by introducing substantial new costs and delays into the regulatory process. This article, which is derived from a report by the authors to support an American Bar Association …

Oct. 29, 1998 (Faxed), A. Umana, Statement On Retiring From Wbip, Alvaro Umana

CAO Creation Pre-1999

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.

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

American University Law Review

No abstract provided.

Sept. 24, 1998, Initial Cao Terms Of Reference As Proposed By J. Wolfensohn W Margin Notes From D. Hunter, Cao

CAO Creation Pre-1999

At the Fall meeting in 1998, Mr. James Wolfensohn provided a draft proposed Terms of Reference for the Compliance Advisor/Ombudsman. The Board of Directors and the NGOs decided that if the proposed CAO could be made more independent and include compliance, they would not pursue the Panel concept. The Archive includes the Initial CAO ToR (Sept. 24, 1998), the Final ToR sent to applicants (Oct. 1998), the Cover Letter to the Search Committee (Dec. 1, 1998), and Talking Points about the CAO position (Sept. 1998).

An Examination Of International Environmental Racism Through The Lens Of Transboundary Movement Of Hazardous Wastes, Rozelia S. Park

Indiana Journal of Global Legal Studies

No abstract provided.

Environmental Racism And Hazardous Facility Siting Decisions: Noble Cause Or Political Tool?, Christopher Billias

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

The Seven Degrees Of Relevance: Why Should Real-World Environmental Attorneys Care Now About Sustainable Development Policy?, J. B. Ruhl

Duke Environmental Law & Policy Forum

No abstract provided.

The Seven Degrees Of Relevance: Why Should Real-World Environmental Attorneys Care Now About Sustainable Development Policy?, J.B. Ruhl

Vanderbilt Law School Faculty Publications

This article explores the evolution of the concept of "sustainable development" through what I suggest are the "seven degrees" of relevance of legal conceptualizations: (1) translation of concept into norm; (2) uncontestability of the norm; (3) intolerance of violation of the norm; (4) demand for fulfillment of the norm; (5) translation of the norm as policy goal; (6) policy consequences based on the norm; (7) translation into hard law to apply. I suggest that, at the time of the writing (1998), sustainable development was stuck on level five.

A Comparison Of Protecting The Environmental Interests Of Latin-American Indigenous Communities From Transnational Corporations Under Internation Human Rights And Environmental Law, Maura Mullen De Bolívar

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Permit Denied To Build Radioactive Waste Site In Sierra Blanca, Texas, Keri Yoder

Colorado Environmental Law Journal

No abstract provided.

The Environmental Justice Misfit: Public Participation And The Paradigm Paradox, Eileen Gauna

Faculty Scholarship

This Article argues that current administrative processes fail to effectively incorporate an important form of public participation in decision-making -- the participation by communities bearing the greatest environmental risks. This Article advocates an "environmental justice style" public participation model as a more promising approach because it calls for a recasting of the role of community participation in environmental decision-making -- a recasting which transcends traditional, modern, and proposed decision-making paradigms.Part II of this Article provides a brief history of the environmental justice movement. Part III addresses the role of the public under three models of administrative policy and decision-making: the …

Comparative Environmental Law Perspectives On Legal Regimes For Sustainable Development, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

As the world's largest summit meeting ended in Rio de Janeiro in 1992, the heads of state and their representatives assembled at the United Nations Conference on Environment and Development (UNCED), commonly referred to as Agenda 21. They embraced Agenda 21 as “a dynamic programme” which can “evolve over time in the light of changing needs and circumstances,” and as a process making “the beginning of a new global partnership for sustainable development.” Agenda 21 is premised on two factual perspectives. First, the documentation of trends in the deterioration of the environmental conditions in many parts of the world is …

Reducing Nitrogen Pollution On Long Island Sound: Is There A Place For Pollutant Trading?, Ann Powers

Elisabeth Haub School of Law Faculty Publications

The purpose of this article is to examine the legal adequacy of proposals now under consideration for a nitrogen trading program on Long Island Sound, and to assess the likelihood of success in light of the experience with other trading programs, both for water and air pollution. Part I outlines the current environmental condition of Long Island Sound and explains the factors which have led proponents of trading to believe such a program could be effective. In Part II we consider the essential elements of a trading program, and the lessons to be learned from the Clean Air Act programs. …

Public Wrongs, Private Rights: Private Attorneys General For Civil Rights, Gilbert Paul Carrasco

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Annual Survey Of Virginia Law: Environmental Law, Kelley A. Kinney, Andrea West Wortzel

University of Richmond Law Review

This article reviews the key environmental developments at the federal and state levels during the period from June 1996 to June 1998. Legislation and judicial decisions are presented topically. Certain issues, such as public participation and environmental justice, are playing an increasing role and will likely impact all media.

Philippines Indigenous Peoples Rights Act, Patricia Thompson

Colorado Environmental Law Journal

No abstract provided.

Encouraging Industry In Order To Preserve Non-Commercial Property, Katherine X. Vasiliades

Villanova Environmental Law Journal (1991 - )

No abstract provided.