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Articles 151 - 170 of 170
Full-Text Articles in Entire DC Network
Symposium Of The Advent Of Local Environmental Law
Symposium Of The Advent Of Local Environmental Law
Pace Environmental Law Review
No abstract provided.
Missed Opportunities: California Energy Fears, New York Energy Policy And The New York Power Authority's New York City Turbine Projects, John L. Parker, James Malatras
Missed Opportunities: California Energy Fears, New York Energy Policy And The New York Power Authority's New York City Turbine Projects, John L. Parker, James Malatras
Pace Environmental Law Review
In this article, the authors argue that the actions taken by several state agencies have demonstrated the need for improved energy policy. This article illustrates that Article X of the Public Service Law, as well as the current State energy system of production and distribution, is seriously flawed and that deregulation has not been good for the consumer or the environment. This article shows that this system has brought New York to its current situation-the building of numerous plants without a comprehensive or rational energy plan, and a push for distributed generators, increasing pollution of the State's air, water, and …
Earning Deference: Reflections On The Merger Of Environmental And Land-Use Law , Michael Allan Wolf
Earning Deference: Reflections On The Merger Of Environmental And Land-Use Law , Michael Allan Wolf
Pace Environmental Law Review
Professor Wolf suggests that there is a brooding omnipresence over local government efforts to protect the environment; that omnipresence is the idea of regulatory takings. Professor Wolf emphasizes that local governments need to earn deference. Since the decision in Village of Euclid v. Ambler Realty Co., local governments have been acting in a "Euclidean zone of comfort" when implementing traditional land-use regulations. However, he suggests that local governments may be acting outsides of that zone when they enact environmental regulations and that there is a rich history of negative decisions concerning local environmental regulations. Professor Wolf then offers three strategies …
Defeating Environmental Law: The Geology Of Legal Advantage (1997 Garrison Lecture), William H. Rodgers Jr.
Defeating Environmental Law: The Geology Of Legal Advantage (1997 Garrison Lecture), William H. Rodgers Jr.
Pace Environmental Law Review
No abstract provided.
Garrison Lecture 2002 Reunion Roundtable Transcript
Garrison Lecture 2002 Reunion Roundtable Transcript
Pace Environmental Law Review
Roundtable participants included Richard J. Lazarus, Jeffrey G. Miller, Zygmunt J.B. Plater, Ann Powers, Nicholas Robinson, Joseph L. Sax, David Sive, James Gustave Speth, A. Dan Tarlock, and Gerald Torres.
Thirty Years Of Environmental Protection Law In The Supreme Court (1999 Garrison Lecture), Richard J. Lazarus
Thirty Years Of Environmental Protection Law In The Supreme Court (1999 Garrison Lecture), Richard J. Lazarus
Pace Environmental Law Review
No abstract provided.
In Praise Of Parochialism: The Advent Of Local Environmental Law, John R. Nolon
In Praise Of Parochialism: The Advent Of Local Environmental Law, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
This Article explains the role that local governments have assumed in protecting the environment, explores the means by which they have obtained their authority to do so, and discusses how this enhanced municipal role should influence environmental and land use policy at the federal and state level. Part II reviews federal efforts to control nonpoint source pollution, and identifies the constraints on federal action. Among these constraints is the national understanding that the power to control the private use of land is a state prerogative, one that has been delegated, in most states, to local governments. Part III describes how …
Introduction: Considering The Trend Toward Local Environmental Law, John R. Nolon
Introduction: Considering The Trend Toward Local Environmental Law, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
In this symposium issue of the Pace Environmental Law Review we take a close look at the advent of local environmental law. With the editors of the Review and a number of distinguished scholars and practitioners, we define what this new field is and consider what it means for public policy and the practice of law. The intent of this issue is to invite lawyers, scholars, practitioners, legislators, regulators, students, and citizen leaders to consider this burgeoning new field: local environmental law. It is my task to introduce the reader to the field and frame the issues for its further …
Expanding The Use Of Environmental Trading Programs Into New Areas Of Environmental Regulation, Richard E. Ayres
Expanding The Use Of Environmental Trading Programs Into New Areas Of Environmental Regulation, Richard E. Ayres
Pace Environmental Law Review
This article identifies the fundamental policy issues that must be dealt with in designing market-based pollution control systems. Market- based pollution control systems are now well established in America air and water pollution control programs. So far, however, the benefits of such systems have been limited by the unease of regulators and others about quality assurance, environmental justice, and other design issues. In order to realize the full potential benefits of market-based programs these issues must be addressed as part of the program design.
Environmental Law And Justice In New York City, Where A Park Is Not Just A Park , Christopher Rizzo
Environmental Law And Justice In New York City, Where A Park Is Not Just A Park , Christopher Rizzo
Pace Environmental Law Review
The Surface water treatment rule of the Safe Drinking Water Act has threatened to impose the burden of costly filtration plants on New York City for several years. It is now a reality, with multi-billion dollar filtration projects planned in the Croton System and threatened in the Catskill and Delaware Systems. Compounding this problem is the fierce opposition to siting a filtration plant in the densely populated low-income communities of the Bronx. This Comment explores the history of the filtration mandate and the litigation that has swirled around the decision to site the plant in the Bronx.
The Implication Of Jota V. Texaco And The Accountability Of Transnational Corporation, Peggy Rodgers Kalas
The Implication Of Jota V. Texaco And The Accountability Of Transnational Corporation, Peggy Rodgers Kalas
Pace International Law Review
No abstract provided.
Thirty Years Of Environmental Protection Law In The Supreme Court: Fifth Annual Lloyd K. Garrison Lecture On Environmental Law, Richard J. Lazarus
Thirty Years Of Environmental Protection Law In The Supreme Court: Fifth Annual Lloyd K. Garrison Lecture On Environmental Law, Richard J. Lazarus
Pace Environmental Law Review
No abstract provided.
An Examination Of Two Of New York State's Brownfields Remediation Initiatives: Title V Of The 1996 Bond Act And The Voluntary Remediation Program, Glen M. Vogel
Pace Environmental Law Review
Over the past two decades, the advent of federal and state environmental laws and the accompanying fear of liability for clean-up has led to a reluctance on the part of developers to purchase former industrial or commercial sites. These abandoned sites in which redevelopment is complicated by fear of contamination are known as brownfields. This article explores the utility of Title V of the New York State Clean Water/Clean Air Bond Act of 1996 and the State Voluntary Clean-up Program in creating incentive for developers to remediate these sites in New York State. This incentive gives developers a reason to …
Comparative Environmental Law Perspectives On Legal Regimes For Sustainable Development, Nicholas A. Robinson
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
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. …
The Epa's Proposed Phase-Iii Expansion Of The Toxic Release Inventory (Tri) Reporting Requirements: Everything And The Kitchen Sink, Barbara Ann Clay
The Epa's Proposed Phase-Iii Expansion Of The Toxic Release Inventory (Tri) Reporting Requirements: Everything And The Kitchen Sink, Barbara Ann Clay
Pace Environmental Law Review
This Comment examines the Environmental Protection Agency's (EPA's) proposed expansion of the Toxic Release Inventory (TRl) reporting requirements under section 313 of the Emergency Planning and Community Right-to-Know Act (EPCRA) of 1986. The TRI program allows the EPA to provide public information pertaining to the release of chemicals by certain industrial facilities into the environment. In October of 1996, the EPA published its intention to expand reporting requirements, including the collection of material accounting (MA) data elements. MA data tracks the lifecycle of chemicals from raw materials to end product; therefore, industry officials oppose MA reporting as unjustifiably extensive. Environmental …
Defeating Environmental Law: The Geology Of Legal Advantage: Third Annual Lloyd K. Garrison Lecture On Environmental Law, William H. Rodgers Jr.
Defeating Environmental Law: The Geology Of Legal Advantage: Third Annual Lloyd K. Garrison Lecture On Environmental Law, William H. Rodgers Jr.
Pace Environmental Law Review
No abstract provided.
Brief Of State Of New Union Health Services Agency: Ninth Annual Pace National Environmental Moot Court Competition, Marc Brumberger, Kristin Kelley
Brief Of State Of New Union Health Services Agency: Ninth Annual Pace National Environmental Moot Court Competition, Marc Brumberger, Kristin Kelley
Pace Environmental Law Review
No abstract provided.
Pennsylvania V. Conroy: Expanded Administrative Expense Priority For State-Funded Cercla Cleanups Note, Seth M. Mandelbaum
Pennsylvania V. Conroy: Expanded Administrative Expense Priority For State-Funded Cercla Cleanups Note, Seth M. Mandelbaum
Pace Environmental Law Review
In Pennsylvania v. Conroy, the United States Court of Appeals for the Third Circuit affirmed the decision of the United States District Court for the Western District of Pennsylvania. The court held that cleanup expenses incurred by a state environmental agency to remove the threat posed by hazardous wastes should be treated as administrative expenses under the Bankruptcy Code. Thus, the Third Circuit afforded state response costs high priority when the assets of the bankruptcy estate were distributed. In addition, this case expanded prior decisions by holding that administrative and legal costs incurred by a state agency, usually around 10% …
Environmental Security, Environmental Management, And Environmental Justice, Bernard A. Weintraub
Environmental Security, Environmental Management, And Environmental Justice, Bernard A. Weintraub
Pace Environmental Law Review
The quality of the environment has become a global concern. It is an issue that effects all communities. The article examines the role and effect of environmental security issues within and between communities. The author posits that, in spite of the difficulties of bringing differing cultures together to achieve a common goal, the need for a global approach to these issues, or a global community, is necessary to deal with the increasingly international nature of environmental problems.