Digital Commons Network^™

Preserving Justice: Defending Toxic Tort Litigation, Anthony Roisman, Martha Judy, Daniel Stein

Fordham Environmental Law Review

No abstract provided.

The Tick Of The Statute Of Limitations Clock: How The Frcd Preempts The State Law Accrual Date In Freier V. Westinghouse Electric Corporation, Karen S. Nabholz

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Human Rights, Health And The Environment, David Gillespie

Human Rights & Human Welfare

Environmental health and human rights are inextricably linked. According to the Universal Declaration of Human Rights, Article 3, “Everyone has the right to life, liberty, and security of person.” Given that the earth is the source of the basic necessities of human life, any discussion about health and human rights must be attentive to its inherent environmental aspects. International conventions, documents and reports such as Agenda 21 (1992) and The Draft Declaration of Human Rights and the Environment (1994) have expressly argued for such an integrated approach. In response, a plethora of works over the past decade have expanded the …

Ensuring Durable Environmental Benefits Through A Collaborative Approach To Hydropower Re-Licensing: Case Studies, Avinash Kar

UC Law Environmental Journal

No abstract provided.

How Many Times Do I Have To Tell You?! Epa's Ongoing Struggle With Data From Third-Party Pesticide Toxicity Studies Using Human Subjects, Heidi Gorovitz Robertson

Law Faculty Articles and Essays

This article addresses EPA's current and historic policy struggle regarding the position the Agency should take with respect to pesticide toxicity studies done by third parties in their attempts to register pesticides. Chemical companies often conduct these studies, or seek third-parties to do so, and submit the results to EPA in support of applications for pesticide registration. Although EPA had a high level joint Science Advisory Board/FIFRA Science Advisory Panel make recommendations to it on this subject in 1999, last year EPA asked the National Academy of Sciences to conduct additional, almost certainly duplicative review. Specifically, EPA has asked the …

Revisioning The Oversight Of Research Involving Humans In Canada, Jocelyn Downie, Fiona Mcdonald

Articles, Book Chapters, & Popular Press

When individuals are asked to participate in research they should be able to assume that the research "is well designed and well executed, that the investigator is competent to undertake the study, that the study will be run efficiently, safely, and ethically and that the deviations from good practice will be identified and corrected." The central question that we focus on in this paper is whether the governance mechanisms that are currently in place to regulate the conduct of research involving humans are adequate to enable those who are approached to participate in research to make these assumptions. This review …

Climate Change And The Wto: Opportunities To Motivate State Action On Climate Change Through The World Trade Organization, Meinhard Doelle

Articles, Book Chapters, & Popular Press

This article explores the role of trade in motivating action on climate change, using the specific example of developments within the World Trade Organization (WTO).

The Kyoto Protocol, the first international agreement with legally binding commitments to begin to address climate change by reducing greenhouse gas (GHG) emissions, is expected to come into force in 2004. With it, most of the developed world will be committed to modest reduction targets over the next decade. The two largest per capita emitters, the USA and Australia, have so far opted not to join this modest effort to address climate change, and developing …

Financing Environmental Change: A New Role For Canadian Environmental Law, Benjamin J. Richardson

Articles & Book Chapters

Financial institutions occupy a central role in equity and debt markets, providing the finance that shapes economic development and thus environmental pressures. Environmental regulation has traditionally focused on development itself but not those that financially sponsor developers. To achieve an environmentally sustainable economy in Canada, new regulations and policies to promote environmentally friendly financing in the financial services sector are necessary. This article explains why financing environmental change is crucial, surveys the main private financial institutions in Canada relevant to this task, and makes recommendations on how financial regulation and its broader institutional context can be reformed to support sustainable …

University Of Richmond Bulletin: Catalog Of The T.C. Williams School Of Law For 2004-2006, University Of Richmond

Law School Catalogues

Method of Instruction

The educational program of the law school is designed to equip its graduates to render the highest quality of legal services, while instilling a sense of professional responsibility. Students are trained in the analysis and solution of legal problems by the application of logical reasoning. The course of study is not designed to teach legal rules, but rather to provide a foundation for the application and analysis of the law and the development of professional skills. The traditional case method of instruction is used in many courses. However, clinical education and courses devoted to various professional skills …

Regulating Genetically Modified Foods: Is Mandatory Labeling The Right Answer?, Jonathan H. Adler

Faculty Publications

What I want to talk about are some legal issues relating to labeling and, in particular, constitutional issues relating to mandatory labeling for genetically modified foods or food products that may contain genetically modified components. This is a separate issue from whether or not the FDA, or some other agency, has sufficient statutory authority at present to mandate labeling, and that is something worth discussing. Even if they do have such authority, or even if Congress tomorrow were to give the FDA such authority or were to require the FDA to impose labels on genetically modified foods, or if a …

Oklahoma's State/Tribal Water Compact: Three Cheers For Compromise, Jennifer E. Pelphrey

American Indian Law Review

No abstract provided.

Citizens Cannot Stand For It Anymore: How The United States' Environmental Actions In Afghanistan And Iraq Go Unchecked By Individuals And Non-Governmental Organizations, Wynne P. Kelly

Fordham International Law Journal

As the U.S. government's reach and responsibilities expand, it remains unclear exactly what, if any, input the general populations of Afghanistan, Iraq, or the United States have on government actions. The environmental needs of the two States have concerned the world enough that the United Nations Environment Program ("UNEP") has published a detailed post-conflict report on Afghanistan ("Afghanistan PCA") and a "Desk Study" of the environment in Iraq ("Iraq Desk Study"). There are four basic ways that citizens can attempt either to enjoin U.S. government environmental action abroad or compel the government to adhere to established regulations and agreements: (1) …

Exacting Tests: Determining When A Taking Is Unconstitutional, John R. Nolon, Jessica A. Bacher

Elisabeth Haub School of Law Faculty Publications

In the past, courts generally deferred to legislatures when determining whether a law constitutes a regulatory taking. However, not all regulations are treated equal, and different tests apply to different types of regulations. Types of land use actions with a lower threshold of constitutionally include exactions, and regulations that apply fixed fee schedules to private landowners. This article combs both federal and New York law to come to the clear determination that universal standards exist for each type of regulation.

Inside Unlv, Gian Galassi, Cayrn Key, Carol C. Harter, Patrick Ferrillo

Inside UNLV

No abstract provided.

Ecocide And Genocide In Iraq: International Law, The Marsh Arabs, And Environmental Damage In Non-International Conflicts, Aaron Schwabach

Law Faculty Scholarship

No abstract provided.

'Saddle Rock': Preemption Of Local Land Use Prerogatives, John R. Nolon, Jessica A. Bacher

Elisabeth Haub School of Law Faculty Publications

Local municipalities have broad authority to regulate land use as provided in state legislation. Like all higher forms of legislation, state law occasionally preempts local legislatures from enacting laws. Generally preemption is appropriate when the area to be regulated by the local laws is comprehensively regulated by state law, the uniformity of the state law will benefit the localities, and inconsistencies in local law are harmful to land owners and municipalities. This article discusses the pros and cons of state preemption on various types of land use regulation.

Framework For Evaluation Of Tribal Water Settlements, Barbara Cosens

Articles

No abstract provided.

Paper Use And Recycling In Academic Libraries, Michele Calloway, Darren Callahan

E-JASL: Electronic Journal of Academic and Special Librarianship (1999-2009, Volumes 1-10)

Conclusions

While it is difficult to predict what the future may hold in regard to paper use and recycling, without a doubt, academic libraries are sites of enormous consumption and they should be proactive in institutional improvements in waste management. A paperless society is unlikely to become a reality for a very long time, if ever, but what can libraries do now to discourage paper waste and encourage recycling? According to the results of this survey, libraries are taking steps to divert recyclables from the garbage. In the future, as people become even more accustomed to working in the electronic …

Inside Unlv, Cate Weeks, Diane Russell, Carol C. Harter, Martin Watson

Inside UNLV

No abstract provided.

Offshore Seismic And Fisheries And Environmental Issues - How Can They Be Reconciled?: A Case Study On The Public Review On The Effects Of Potential Oil And Gas Exploration Offshore Cape Breton, David Macdougall

Dalhousie Law Journal

The author describes the review process preceding the 2003 CNSOPB decision which permitted seismic activities offshore of Cape Breton. The process included a public review conducted by Commissioner Dr. Teresa MacNeil and the subsequent establishment of an Ad Hoc Working Group (part of the CNSOPB's existing Fisheries and Environment Advisory Committee (FEAC)) and a Science Working Group reporting to the Ad Hoc Working Group. In the author's view, the Ad Hoc Working Group arrived at the anticipated result; that is, continued disagreement among the opposing parties on the fundamental issues. Consequently CNSOPB was left with the decision on how to …

United States V. City Of Detroit, 329 F.3d 515 (6thcir. 2003), Karen L. Golan

Water Law Review

No abstract provided.

United States V. Rapanos, 339 F.3d 447 (6th Cir. 2003), Becky Bye

Water Law Review

No abstract provided.

Ecocide And Genocide In Iraq: International Law, The Marsh Arabs And Environmental Damage In Non-International Conflicts, Aaron Schwabach

ExpressO

In 1991, after the first Gulf War, the Marsh Arabs of southern Iraq rose up against the Hussein government, with U.S. encouragement. The rebellion failed; in retaliation the government embarked on a massive water diversion project to drain the wetlands. In 1970 the wetlands covered nearly 11,000 square kilometers; today they cover fewer than a thousand. The Marsh Arabs whose ancestors had lived in the wetlands for five thousand years were forced to flee; many died. The drainage of the wetlands was a deliberate and calculated act of genocide and ecocide. At the time, Iraq was a party to several …

Regulatory Takings: Governments Can Avoid Successful Challenges, John R. Nolon, Jessica A. Bacher

Elisabeth Haub School of Law Faculty Publications

Many local officials have the misguided belief that their utilization of land use regulation is greatly impeded by private rights to develop. However, land use regulations have a strong assumption of validity, with courts unlikely to overturn the regulations unless they are clearly erroneous or unreasonable or have no connection to a valid public interest. In addition to explaining development rights, this article provides the reader with insightful information on how local legislatures enact regulations while avoiding regulatory takings challenges.

Day 3. Wednesday, August 13, 2003: Lighthawk Flyover, University Of Colorado Boulder. Natural Resources Law Center

Energy Field Tour 2003 (August 11-16)

11 pages (includes some color illustrations and maps).

Contains references.

Hautian Houses Of Ill-Fame: A Midwestern City's Confrontation With Vice, 1910-1972, Laura E. C. Bergstrom

All-Inclusive List of Electronic Theses and Dissertations

The Second Great Awakening spurred the moral reform campaign dealing with prostitution in the United States. In the nineteenth century as public areas were being segregated specifically for prostitution anti-vice reformers engaged in a discourse over the allocation of what historian Mary P. Ryan calls "public space." Beginning with the Progressive Era and the onset of the white slave trade, reformers shifted their attention from the regulation to the abolition of prostitution. Social hygiene and sex education became a part of the reform dialogue. Most major cities of this time eradicated the officially sanctioned Red Light District. However, the mid-western …

Inside Unlv, Gian Galassi, Carol C. Harter, Gene Hall

Inside UNLV

No abstract provided.

Local Authority: Communities Have Means Of Influencing Land Use, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

This case analysis examines several court decisions, including the results of three New York Court of Appeals cases where litigants challenged the constitutionality of municipal land use decisions. In each case, the court afforded the municipality deference and found that their objectives were rationally related to the decisions, mostly decisions to deny development. However, this presumption of validity given to local legislatures and quasi-judicial agencies presents a problem when land use decisions affect outside municipalities. Thankfully, through the use of training programs, municipalities are learning to work together to resolve intermunicipal land use issues.

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 …

The U.S. National Climate Change Assessment: Do The Climate Models Project A Useful Picture Of Regional Climate?, Roger A. Pielke, Sr.

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

9 pages.

Includes illustrations

"Dr. Roger A. Pielke, Sr., President of the American Association of State Climatologists, Colorado State Climatologist and Professor, Department of Atmospheric Science, Colorado State University"

"From testimony presented to the House Subcommittee on Oversight and Investigations, July 25, 2002, and published in Colorado Water, April 2003, 15-19."