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Vol. 08, No. 08 (May 1998) May 1998

Vol. 08, No. 08 (May 1998)

Res Ipsa Loquitur

No abstract provided.


An Examination Of International Environmental Racism Through The Lens Of Transboundary Movement Of Hazardous Wastes, Rozelia S. Park Apr 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 Apr 1998

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 Apr 1998

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 Apr 1998

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.


Ndls Update 03/1998, Notre Dame Law School Mar 1998

Ndls Update 03/1998, Notre Dame Law School

NDLS Update

No abstract provided.


The Brownfields Property Reuse Act Of 1997: North Carolina Creates An Additional Incentive To Reclaim Contaminated Properties, David B. Hawley Mar 1998

The Brownfields Property Reuse Act Of 1997: North Carolina Creates An Additional Incentive To Reclaim Contaminated Properties, David B. Hawley

North Carolina Law Review

No abstract provided.


Through A Lens Darkly--Superfund Spectacles On Public Participation At Brownfield Sites, Kris Wernstedt, Robert Hersh Mar 1998

Through A Lens Darkly--Superfund Spectacles On Public Participation At Brownfield Sites, Kris Wernstedt, Robert Hersh

RISK: Health, Safety & Environment (1990-2002)

The authors discuss the recent trend in brownfield site development against a backdrop of Superfund experience and explore current barriers to public participation.


An Environmental History Of Fairfield/Wagner Point, Philip Diamond Jan 1998

An Environmental History Of Fairfield/Wagner Point, Philip Diamond

Legal History Publications

This paper traces the history of the Fairfield/Wagner Point peninsula from the beginning of the European settlement to the present, observing the ambitions and dreams of developers and industrial entrepeneurs, the significant contribution the area made to our nation's wartime production in World War II, the rise and fall of the tight-knit workers' communities, the struggles of outside activists and community leaders to better the living conditions of these neighborhoods, and the environmental devastation of the area followed by the attempt to redevelop the area with “green" industry. A 'central strand in this complex and contradictory story will be the …


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 Jan 1998

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 Jan 1998

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 Jan 1998

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 …


Dangerous Crossing: State Brownfields Recycling And Federal Enterprise Zoning, Michael Allan Wolf Jan 1998

Dangerous Crossing: State Brownfields Recycling And Federal Enterprise Zoning, Michael Allan Wolf

Fordham Environmental Law Review

No abstract provided.


Comparative Environmental Law Perspectives On Legal Regimes For Sustainable Development, Nicholas A. Robinson Jan 1998

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 Jan 1998

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 Jan 1998

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

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Clinical Legal Education And The U.C. Davis Immigration Law Clinic: Putting Theory Into Practice And Practice Into Theory, Kevin R. Johnson, Amagda Perez Jan 1998

Clinical Legal Education And The U.C. Davis Immigration Law Clinic: Putting Theory Into Practice And Practice Into Theory, Kevin R. Johnson, Amagda Perez

SMU Law Review

No abstract provided.


Evidence, Race, Intent, And Evil: The Paradox Of Purposelessness In The Constitutional Racial Discrimination Cases, David Crump Jan 1998

Evidence, Race, Intent, And Evil: The Paradox Of Purposelessness In The Constitutional Racial Discrimination Cases, David Crump

Hofstra Law Review

No abstract provided.


Lawyering For Poor Communities In The Twenty-First Century, Matthew Diller Jan 1998

Lawyering For Poor Communities In The Twenty-First Century, Matthew Diller

Fordham Urban Law Journal

This Symposium focuses on a renewed focus on community lawyering. Finding new ways to work with and engage poor communities is among the most important pieces of any new agenda for poverty law. By focusing on the goal of building community institutions and organizations, poverty lawyers can help poor communities in a number of vital ways. First, they can help communities create structures for the provision of services that government has failed to provide. Thus, poverty lawyers can provide much needed legal representation in the establishment of community-based housing, health care, day care and other programs that meet vital needs. …


Dangerous Crossing: State Brownfields Recycling And Federal Enterprise Zoning, Michael Allan Wolf Jan 1998

Dangerous Crossing: State Brownfields Recycling And Federal Enterprise Zoning, Michael Allan Wolf

Law Faculty Publications

Urban policymakers over the past two decades have engineered a curious and potentially dangerous intersection of late 20th Century policies designed to foster the rebirth of America's distressed urban regions. First, we find widespread enthusiasm about the potential for reusing brownfields 1 (typically contaminated urban sites), which has stimulated an impressive range of initiatives at all levels of government. 2 Second, after more than a decade of sitting on the sidelines and watching the states battle over the ideal range of incentives that will most effectively drive inner-city redevelopment, the federal government finally entered the fray in the 1990s with …


A Reply To Messrs. Berger And Kanner, Lois J. Schiffer Jan 1998

A Reply To Messrs. Berger And Kanner, Lois J. Schiffer

Santa Clara Law Review

No abstract provided.


Emissions Trading: Pollution Panacea Or Environmental Injustice, Lorna Jaynes Jan 1998

Emissions Trading: Pollution Panacea Or Environmental Injustice, Lorna Jaynes

Santa Clara Law Review

No abstract provided.


Annual Survey Of Virginia Law: Environmental Law, Kelley A. Kinney, Andrea West Wortzel Jan 1998

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 Jan 1998

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 Jan 1998

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

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Sustainable Development As A Framework For National Governance, John C. Dernbach Jan 1998

Sustainable Development As A Framework For National Governance, John C. Dernbach

Case Western Reserve Law Review

No abstract provided.


Justice From The Ground Up: Distributive Inequities, Grassroots Resistance, And The Transformative Politics Of The Environmental Justice Movement, Sheila R. Foster Jan 1998

Justice From The Ground Up: Distributive Inequities, Grassroots Resistance, And The Transformative Politics Of The Environmental Justice Movement, Sheila R. Foster

Faculty Scholarship

In this Article, Professor Foster examines the environmental justice movement from the "ground up"-from the perspective of the predominantly poor, African-American residents of Chester, Pennsylvania who attempted to stop the clustering of waste facilities in their community. From this perspective, Professor Foster evaluates the manner in which the phenomenon of environmental injustice is framed, the efficacy of reforms in environmental decision-making processes, and the strategies and possibilities of grass roots efforts in achieving environmental justice. She argues that the distributive paradigm that often frames discussions of environmental injustice obscures the mechanisms and processes underlying inequitable outcomes, thwarting a full understanding …


Demons And Angels In Hazardous Waste Regulation: Are Justice, Efficiency, And Democracy Reconcilable?, Michael B. Gerrard Jan 1998

Demons And Angels In Hazardous Waste Regulation: Are Justice, Efficiency, And Democracy Reconcilable?, Michael B. Gerrard

Faculty Scholarship

The Superfund program is perhaps environmental law's best Rorschach test, in which those who write about the national effort to clean up contaminated sites disclose as much about their own philosophies of justice, democracy, and economic efficiency as about environmental legislation. The ten books reviewed here show deep conflicts among these values. I argue, based on these disparate judgments, that many of the Superfund debates have an almost religious character. The law has been shaped to fit the view that demonic polluters were, and remain, at work. The law also reflects a sense of higher duty to future generations – …


Clinical Design For Social Justice Imperatives, Jon C. Dubin Jan 1998

Clinical Design For Social Justice Imperatives, Jon C. Dubin

SMU Law Review

No abstract provided.


Risk Assessment, Redevelopment, And Environmental Justice: Evaluating The Brownfields Bargain, John S. Applegate Jan 1998

Risk Assessment, Redevelopment, And Environmental Justice: Evaluating The Brownfields Bargain, John S. Applegate

Articles by Maurer Faculty

No abstract provided.