Digital Commons Network^™

Restoration Rx: An Evaluation And Prescription, Alyson C. Flournoy

UF Law Faculty Publications

In this introductory article, I explore what ethics, science, economics, and law suggest about the value of restoration. These themes -- the questions and challenges posed by ethics, science, economics, and law -- resonate throughout the Articles in this Symposium. Drawing on the presentations given at the Symposium and the literature on environmental restoration, this article reviews some of the major questions that science and ethics pose for restoration, as well as the challenges posed by the economic and legal contexts within which environmental restoration occurs. After a brief comment on the definition of restoration, this article addresses the challenges …

The Destructive Role Of Land Use Planning, Andrew P. Morriss, Roger E. Meiners

Faculty Scholarship

Is land use planning fundamentally different from other forms of central planning? If so, does that difference suggest that land use planning will succeed where other forms of central planning failed? We conclude that land use planning is not fundamentally different from other forms of economic central planning. Further, the working of the market economy, and the long-term success of America's economy, is intertwined in the clear and certain rights and responsibilities generated by the common law of property. The complexity of the modem world does not diminish the need for private property; indeed, it strengthens its imperative. Returning to …

Alternative Dispute Resolution At The Environmental Protection Agency, Joel B. Eisen

Law Faculty Publications

This chapter examines how the U.S. Environmental Protection Agency (EPA) uses alternative dispute resolution (ADR) methods to help resolve complex environmental disputes. In recent years, the EPA's use of ADR has increased dramatically in a wide variety of settings. The EPA has made ADR a central feature of its environmental enforcement strategy, encouraged its use in Title VI and environmental justice conflict settings, and turned to negotiated rulemaking as an alternative to the cumbersome notice-and-comment process for the development of new federal regulations. Other EPA programs, such as the Brownfields Economic Redevelopment Initiative, promote nonadversarial methods for tackling complex environmental …

The Role Of Deterrence-Based Enforcement In A "Reinvented" State/Federal Relationship: The Divide Between Theory And Reality, David L. Markell

Scholarly Publications

No abstract provided.

Fortnightly - 2000

Fortnightly Collated by Year

No abstract provided.

Brownfield Redevelopment And Effects On Community: A Study Of The Collinwood Neighborhood In Cleveland Ohio, Mike Wallerstein

Honors Papers

Brownfield redevelopment is seen by many, city planners, environmentalists entrepreneurs alike, as one of the best available ways to revitalize the inner city. Brownfield redevelopment appeals to the environmentalist by offering to clean up contaminated land. It appeals to entrepreneurs as a chance to acquire cheap land in a good location. It appeals to cities as a chance to aesthetically improve the urban landscape and increase tax revenues. It appears to be a bright light on the horizon of the otherwise dim realm of ecologically minded urban development.

Creating Postmodern Hybrid Organizational Systems: Exploring The Philosophical Foundations Of Administrative Theory Through A Review Of Literature, Andrew Delonno

Open Access Master's Theses

No abstract provided.

Mark Graham V. Utah Air Quality Board : Brief Of Petitioner, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

AN APPEAL FROM A FINAL ORDER OF THE UTAH AIR QUALITY BOARD (Case Below No. 9903004)

The American 'Legal' Dilemma: Colorblind I/Colorblind Ii--The Rules Have Changed Again: A Semantic Apothegmatic Permutation, John C. Duncan Jr

Journal Publications

"Our Constitution is colorblind" initially meant that white majority preferences could not and should not be reflected in government action. The maxim now means race should not be reflected at all in government action. The answer to racism lies somewhere between well-reasoned "blind" hope and historically-proven skepticism. Part I of this Article discusses the ideal of the colorblind society; Part II discusses what this Article deems as Colorblind I. Part III places each colorblind argument in perspective, and seeks to illustrate that the concept of colorblindness could be an ideal, but has rather become meaningless rhetoric in an endless racial …

Patrick Novotny Papers, Zach S. Henderson Library Special Collections

Finding Aids

This collection consists of the research files of Patrick Novotny, Professor of Political Science at Georgia Southern University. Materials include booklets, leaflets, newspaper articles, journal articles, and other published materials from 1929-2001. Subjects include environmental justice, 20th century Georgia politics, civil rights, and race relations.

The Patrick Novotny papers formerly consisted of three separate collections titled “Patrick Novotny: Where We Live, Work, and Play, Research Materials, 1973-1979,”“20th Century Georgia Politics Research Materials,” and “Contemporary Sources on the case of U.S. vs. Darby Lumber Co.” Each former collection is now listed as a series here.

Find this collection in the University …

“Environmental Racism! That’S What It Is.”, Richard J. Lazarus

Georgetown Law Faculty Publications and Other Works

In this essay, Professor Lazarus discusses former NAACP director the Rev. Dr. Benjamin Chavis's characterization of U.S. environmental policy as "environmental racism." He first justifies this provocative topic choice and then suggests that Chavis's allegation has transformed environmental law. Professor Lazarus next discusses the details of this transformation, arguing that Rev. Chavis has essentially reshaped the way environmental law and justice are conceived. He offers examples of various environmental programs and social and political effects traceable to Chavis's environmental racism comment. Finally, the conclusion provides some of the author's ruminations about the future of environmental law and policy.

The Rights Of Statistical People, Lisa Heinzerling

Georgetown Law Faculty Publications and Other Works

In this Comment, I argue that the use of cost-benefit analysis to evaluate life-saving regulatory programs has, in a society that eschews reliance on cost-benefit analysis in other life-saving situations, been justified by the creation of a new kind of entity-the statistical person. A primary feature of the statistical person, as I will explain, is that she is unidentified; she is no one's sister, or daughter, or mother. Indeed, in one conception, the statistical person is not a person at all, but rather only a collection of risks. By distinguishing statistical lives from the lives of those we know, economic …

Transnational Corporate Behavior And Its Disparate And Unjust Effects On The Indigenous Cultures And The Environment Of Developing Nations: Jota V. Texaco, A Case Study, Scott E. Holwick

Colorado Environmental Law Journal

No abstract provided.

Environmental Law In Postcolonial Societies: Straddling The Local-Global Institutional Spectrum, Benjamin J. Richardson

Colorado Environmental Law Journal

No abstract provided.

Sustainability And The Next Industrial Revolution: A Revolutionary Approach, Sarah Nesbitt-Rutkowski

Theses

The concept of the Next Industrial Revolution is relatively new. Information regarding this topic is not mainstream. There is little literature on how design, and the scientific principles, outlined in the Natural Step, are interconnected within the concept of the Next Industrial Revolution. In this thesis, I explore the big picture of where companies are today regarding sustainability issues, and how some companies are taking the lead in participating in this revolutionary new idea of the Next Industrial Revolution. How are these companies different? What are the similarities? Why and when do some companies choose to take revolutionary approaches, while …

Denying Access To Legal Representation: The Attack On The Tulane Environmental Law Clinic, Robert R. Kuehn

Scholarship@WashULaw

When people require assistance to advance public interests, rather than private interests, the lack of legal representation is even more severe—less than .001% of lawyers in the legal profession are public interest lawyers. “Although recent data are unavailable, the best available estimates suggest that the number of full-time public interest lawyers is less than one attorney for every 240,000 Americans.” Citizens advancing issues of public concern often have no choice but to turn for free assistance from law school professors or one of the nation’s law school clinics.

Two Ways To Think About Race: Reflections On The Id, The Ego, And Other Reformist Theories Of Equal Protection Essay, Richard Delgado

Essays, Reviews, and Shorter Works

No abstract provided.

Chicanas/Os, "Liberty" And Roger B. Taney, Guadalupe T. Luna

University of Florida Journal of Law & Public Policy

No abstract provided.

A Spatial Inquiry Of Infant Low Birthweight And Cancer Mortality In East Baton Rouge Parish, Louisiana., Esra Ozdenerol

LSU Historical Dissertations and Theses

Infant low birthweight rate in East Baton Rouge Parish is higher compared to the nation. Cancer is one of the most serious health problems in Louisiana. A few studies have indicated a relationship between the two health outcomes and their environment, but conclusions from these studies have not always been consistent. The spatial and temporal scales of the data and the methods used in these studies contribute to the inconsistent and uncertain results. The spatial patterns of infant low birthweight and cancer mortality in East Baton Rouge Parish from 1993 to 1996 and their relationships with environmental factors at three …

Mission Impossible?: Ethical Community Lawyering, Shauna I. Marshall

Clinical Law Review

Lawyers working in low income and poorly resourced communities as well as teachers and law students working in clinical programs engage, from time to time, in a style of practice known as community lawyering. The practice is premised upon the belief that one way to remedy certain types of problems in poor communities is for the community to be an integral part of the development and implementation of the solutions to those problems. This style of lawyering envisions lawyers becoming a part of the community in which they work, bringing to the community the knowledge and expertise that they have …

Silencing Culture And Culturing Silence: A Comparative Experience Of Centrifugal Forces In The Ethnic Studies Curriculum, Steven W. Bender

Faculty Articles

Using the metaphor of silencing, Professor Margaret Montoya documents the irrelevance of race, gender, and socio-historical perspectives both in legal education and, more broadly, in legal discourse. Although others have invoked this metaphor, Professor Montoya's charting of the physical, rather than merely metaphorical, space of silence moves beyond this legal literature in several respects. Viewing silence not just as dead space, Professor Montoya enlivens and colors silence and other nonverbal aspects of communication as positive cultural traits. She demonstrates how silence can be used as a pedagogical tool (a centrifugal force) in the classroom and in client interviews to bring …

Restoration Affecting Native Resources: The Place Of Native Ecological Science, Catherine O'Neill

Faculty Articles

This article begins by noting that non-Native society—the dominant society in the United States—has often discounted Native expertise and denied a place for Native environmental managers. Part II catalogues the various forms that denigration and denial of Native ecological science have taken. Part III marks the historical antecedents of such efforts to deny Native knowledge and to downplay the role of Native peoples as environmental managers. It then identifies particular features of the approaches favored by non-Native environmental managers that likely work to exclude, devalue, or discriminate against Native science, with the intention of encouraging further work to locate and …

Variable Justice: Environmental Standards, Contaminated Fish, And "Acceptable” Risk To Native Peoples, Catherine O'Neill

Faculty Articles

This article begins with the observation that “[f]ish, especially salmon, are necessary for the survival of the Native peoples of the Pacific Northwest, both as individuals and as a people.” It considers conventional approaches to regulating contamination of the waters that support the fish on which these peoples depend, and finds that the narrow focus on human physical health fails fully to comprehend the multiple dimensions of the harm to these fishing peoples. Importantly, this focus fails to appreciate the cultural dimensions of the harm. The article examines health and environmental agencies’ standard-setting practices and challenges their failure to account …

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

Articles

In preparation for this symposium piece, Professor Rodgers asked a number of his colleagues active in the field of environmental law to identify what they considered to be the most creative moments in the history of environmental law. He gave no specific instructions with his request other than providing a definition of what he considered to be a creative moment: "A legal initiative that advances environmental law with a new level of analysis, new structure, or new institutional bridge. "

This article is a compilation of the numerous responses the author received. The responses formulate a detailed and informative description …

Consultants' And Lawyers' Duties To Report Contamination, Michael B. Gerrard

Faculty Scholarship

A recent decision by the New York State Department of Environmental Conservation (DEC) expands the duty of environmental consultants to report contamination on their clients' land. The rationale of the decision might also apply to lawyers and to states beyond New York.

Many federal, state and municipal laws require spills of pollutants to be reported to the government. People have received criminal penalties, including jail time, as well as heavy civil fines, for violating some of these requirements. Almost all of these rules apply only to persons who own, operate, or are otherwise in charge of the polluting facility, or …

Trends In The Supply And Demand For Environmental Lawyers, Michael B. Gerrard

Faculty Scholarship

The boom times for environmental lawyers were the late 1980s and the early 1990s. The June 1990 issue of Money magazine called environmental law a "fast-track career." Two or three years of experience with the U.S. Environmental Protection Agency (EPA), a state environmental agency, the environmental units of the Justice Department, or a state attorney general's office were a ticket to a high-paying job in the private sector. Law students were clamoring to enter the field and law firms were scrambling to find experienced environmental lawyers, or to recycle newly underemployed antitrust lawyers into this burgeoning field.

Environmental Justice And Natural Areas Protection Trends & Insight, Michael B. Gerrard

Faculty Scholarship

There are 3,119,963 square miles in the continental United States. That sounds like plenty of space to put just about anything. However, when the facility seeking a home is environmentally controversial, finding even one square mile can seem almost impossible.

This country is now in its third major era in making siting decisions. The first era – unconstrained siting – lasted until the late 1960s. Then began the second era – protecting natural areas. In the early 1990s, we embarked upon a third era – environmental justice. The growing tensions between protecting natural areas and achieving environmental justice suggest that …

The Role Of Lois Marie Gibbs In The Love Canal Crisis And Its Effect On Federal "Superfund" Legislation, 1973-1981., Daniel Victor Kahler

Graduate Theses, Dissertations, and Problem Reports (ETD)

In the spring of 1978, a young homemaker named Lois Marie Gibbs discovered that her child was attending an elementary school built on top of a 20,000 ton, toxic chemical dump in Niagara Falls, New York. Out of desperation, she organized her neighbors into the Love Canal Homeowners Association and struggled more than two years for relocation. Opposing the group’s efforts were the chemical manufacturer, Hooker Chemical Corporation, and local, state, and federal government officials who insisted that the leaking toxic chemicals, including dioxin the most toxic chemical known to man, was not the cause of high rates of birth …

Toward The Restorative Constitution: A Restorative Justice Critique Of Anti-Gang Public Nuisance Injunctions, Joan W. Howarth

Scholarly Works

Gang members from elsewhere congregated on lawns, on sidewalks, and in front of apartment complexes at all hours. They displayed a casual contempt for notions of law, order, and decency -- openly drinking, smoking dope, sniffing toluene, and even snorting cocaine laid out in neat lines on the hoods of residents' cars. San Jose prosecutors responded by obtaining and enforcing a broad injunction against the gangs and their members, based on the finding that the gangs' activities constituted a public nuisance. California prosecutors have sought such anti-gang public nuisance injunctions since 1987. Their constitutionality was in doubt for ten years …