Digital Commons Network^™

Advanced Chemical Fingerprinting In Hazardous Waste Liability Under Cercla, Roslyn K. Myers

Fordham Environmental Law Review

No abstract provided.

The Battle Over The Environmental Impact Statement In The Campo Indian Landfill War, Dan Mcgovern

UC Law Environmental Journal

No abstract provided.

If Your Grandfather Could Pollute, So Can You: Environmental "Grandfather Clauses" And Their Role In Environmental Inequity, Heidi Gorovitz Robertson

Law Faculty Articles and Essays

When this country was struggling over voting rights, it adopted what are now called "grandfather clauses" to exclude certain groups from the democratic process. Although various types of laws excluded people from voting, a man could vote if his grandfather had been allowed to vote. [FN3] Applied to modern environmental laws, a grandfather clause, in essence, says, "if your grandfather could pollute, so can you."In the environmental arena, these laws make it much easier for companies or municipalities to expand older, existing facilities than to create new ones. They also make it significantly more difficult for opponents to shut down …

Toward A Sustainable Urbanism: Lessons From Federal Regulation Of Urban Stormwater Runoff, Joel B. Eisen

Law Faculty Publications

This Article focuses on the particularly vexing challenge of forging a sustainable urbanism in Edge Cities and analyzes regulatory attempts to control urban stormwater runoff. If our task is to "describe the natural world and to evaluate our actions toward it in ways that presuppose ... [a] community between nature and mankind," we must also characterize and address this source of considerable pollution, which originates from thousands of dispersed locations. Unfortunately, environmental protection efforts have only begun to address the pollution of urban stormwater runoffs. Parts II and III of this Article detail these largely unsuccessful attempts and conclude that …

Environmental Justice Clinics: Visible Models Of Justice, Hope M. Babcock

Georgetown Law Faculty Publications and Other Works

This article examines and evaluates the contributions of environmental justice law clinics to pedagogy, law reform and legal services. The author bases her observations and conclusions on her experiences at Georgetown University Law Center where she teaches a course in environmental equity and supervises students in an environmental justice clinic.

Part II summarizes current knowledge about the incidences and causes of environmental inequity and the legal barriers to achieving environmental justice. This discussion highlights the distinctive aspects of environmental justice issues which influence the design of environmental justice clinical programs. Part III presents general information on legal clinical programs and …

Hazardous Waste Exportation: The Global Manifestation Of Environmental Racism, Hugh J. Marbury

Vanderbilt Journal of Transnational Law

During the last decade, the United Nations and other international organizations have been struggling with the issue of hazardous waste exportation to developing countries. At the same time, the United States has been grappling with environmental racism. However, critics of both hazardous waste exportation and environmental racism have overlooked their similarities, namely, that hazardous waste exportation and environmental racism place a disproportionate burden on the same classes of people, the poor and minorities. The exportation of hazardous waste to developing countries is essentially environmental racism on an international scale.

This Note briefly explains the history and economic motivations behind hazardous …

Federal Environmental Citizen Provisions: Obstacles And Incentives On The Road To Environmental Justice, Eileen Gauna

Faculty Scholarship

This article attempts to examine the special problems that community-based groups in low income and minority communities might encounter in prosecuting citizen suits under highly technical environmental statutes. To set the context for this inquiry, part II of this article describes the environmental justice movement and investigates the charge that communities of color are disproportionately and unjustly burdened with environmental hazards. Part II also explores the differences in perspective that underlie much of the conflict among environmental justice activists, mainstream environmental organizations, and EPA. Part II concludes with a look at social forces that have contributed to environmental inequities and …

A Beginning And Not An End In Itself: The Role Of Risk Assessment In Environmental Decision-Making, John S. Applegate

Articles by Maurer Faculty

No abstract provided.

Throwing Out The Baby With The Bath Water: The Impact Of United States V. Goodner Brothers Aircraft, Sarah L. Inderbitzin

William & Mary Environmental Law and Policy Review

No abstract provided.

Agenda: Regulatory Takings And Resources: What Are The Constitutional Limits?, University Of Colorado Boulder. Natural Resources Law Center, Byron R. White Center For The Study Of American Constitutional Law

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

Sponsored by the University of Colorado's Natural Resources Law Center and the Byron R. White Center for American Constitutional Study.

Conference organizers, faculty and/or moderators included University of Colorado School of Law professors David H. Getches, Lawrence J. MacDonnell, Gene R. Nichol, Jr. and Mark Squillace.

Governmental regulation for environmental protection and other important public purposes can affect the manner in which land and natural resources are developed and used. The U.S. constitution (and most state constitutions) prohibit the government from "taking" property without payment of compensation. Originally intended to apply to situations where the government physically seized private property …

Environmental Justice: A Growing Union, John Douglas Moore

West Virginia Law Review

No abstract provided.

Environmental Justice And The Teaching Of Environmental Law, Richard Lazarus

West Virginia Law Review

No abstract provided.

Market Dynamics And The Siting Of Lulus: Questions To Raise In The Classroom About Existing Research, Vicki Been

West Virginia Law Review

No abstract provided.

Environmental Racism And Invisible Communities, Robert D. Bullard

West Virginia Law Review

No abstract provided.

Environmental Justice/Racism/Equity: Can We Talk, Marc R. Poirier

West Virginia Law Review

No abstract provided.

Environmental Law, Environmental Justice, And Democracy, William A. Shutkin, Charles P. Lord

West Virginia Law Review

No abstract provided.

A New Approach To Expanding Resources For Environmental Justice: The Professor-In-Residency, M. Casey Jarman, Luke W. Cole

West Virginia Law Review

No abstract provided.

Equity As The Basis Of Implementing Sustainability: An Exploratory Essay, Robert W. Collin, Robin Morris Collin

West Virginia Law Review

No abstract provided.

Doing Environmental Justice In Appalachia: Lawyers At The Grassroots And The Aspiration Of Social Change, Dean Hill Rivkin

West Virginia Law Review

No abstract provided.

Following Up The Aals Symposium: An Environmental Justice Network, Charlie Lord, Zygmunt Plater, William Shutkin

West Virginia Law Review

No abstract provided.

Large Binocular Telescopes, Red Squirrel Pinatas, And Apache Sacred Mountains: Decolonizing Environmental Law In A Multicultural World, Robert A. Williams Jr.

West Virginia Law Review

No abstract provided.

Environmental Injustice And Racism: Making The Connection In Classrooms And Courtrooms, Patrick C. Mcginley

West Virginia Law Review

No abstract provided.

Environmental Justice In The Classroom: Real Life Lessons For Law Students, Luke W. Cole

West Virginia Law Review

No abstract provided.

The Development Of China's Environmental Diplomacy, Cai Shouqiu, Mark Voigts

Washington International Law Journal

Over the past decade, activities in the area of international environmental diplomacy have increased. China in particular has increased its efforts to help the global environmental situation, in conjunction with its role as a leader among the rest of the developing world. This essay examines China's historical environmental situation, and presents some of the factors that have influenced, and will continue to motivate, China's environmental decision making.

Using Nepa In The Fight For Environmental Justice, Heather E. Ross

William & Mary Environmental Law and Policy Review

No abstract provided.

Resource Law Notes Newsletter, No. 30, Winter Issue, Jan. 1994, University Of Colorado Boulder. Natural Resources Law Center

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

No abstract provided.

What Comes After Technology: Using An Exceptions Process To Improve Residual Risk Regulation Of Hazardous Air Pollutants, Bradford Mank

Faculty Articles and Other Publications

Section 112 of the Clean Air Act (the Act) governs the regulation of hazardous air pollutants. From 1970 to 1990, the statute required the United States Environmental Protection Agency (EPA) to regulate hazardous air pollutants on a pollutant-by-pollutant basis. Environmental policy analysts generally acknowledge that this approach failed due to scientific uncertainties and unclear direction from Congress on how the EPA should balance the competing concerns of cost and safety. In an effort to improve the Act's effectiveness, Congress passed the 1990 Amendments (the Amendments) to the Act, which established a two-phased approach to regulation. First, subsection 112(d) requires the …

Communities Of Color And Hazardous Waste Cleanup: Expanding Public Participation In The Federal Superfund Program, Deeohn Ferri

Fordham Urban Law Journal

Superfund is the nation's program to clean up the most dangerous hazardous waste sites. The Superfund law mandates that parties responsible for hazardous waste sites (i.e., waste generators, site owners, site operators, and waste transporters) shall be financially liable for cleaning them. If responsible parties cannot be located, are unable to perform cleanups, or refuse to do so, EPA can conduct the cleanup action and seek recovery of associated costs from these delinquent parties. As the Superfund reauthorization effort ensues, it is clear that few unequivocally applaud past Superfund performance. Collectively, communities, industry, and government are critical about whether the …

Planning, Power And Politics: A Case Study Of The Land Use And Siting History Of The North River Water Pollution Control Plant, Vernice D. Miller

Fordham Urban Law Journal

This Essay discusses one example of environmental racism in New York City – the planning and construction of the North River Water Pollution Control Plant in West Harlem. This case study of the West Harlem community depicts how race-based land use planning and environmental policy-making transformed West Harlem, one of this city’s most beautiful communities, into a giant dumping ground. Since 1968, the North River Water Pollution Control Plant has irritated the residents of West Harlem. Initially, countless public hearings and community meetings were held to address why this facility was being built in this community. After the Plant was …

Environmental Justice In Rural Communities, Robert B. Wiygul, Sharon Carr Harrington, Florence T. Robinson

West Virginia Law Review

No abstract provided.