Digital Commons Network^™

Suing Pesticide Manufacturers?: Federal Preemption Still Prevails In The Eighth Circuit. Netland V. Hess & Clark, Inc., Bridget Romero

Journal of Environmental and Sustainability Law

No abstract provided.

Silent Blight: New York's Brownfields & Environmental Justice, Nicholas Capuano

Pace Environmental Law Review

A complete prediction of the success of brownfield legislation cannot be made through statutory analysis alone. There are many factors besides the legislature's scope of influence and authority that must work in tandem to ensure broad success in brownfield redevelopment. This comment analyzes the economic, social and political dynamics surrounding brownfields in minority neighborhoods via discussions regarding how legislators and the governor must leverage all tools at their disposal to achieve brownfield initiatives that will simultaneously serve to address environmental justice goals.

Transfer Regulations And Cost-Effectiveness Analysis, Eric A. Posner

Public Law and Legal Theory Working Papers

Recent scholarship on regulatory oversight has focused on cost-benefit analysis of prescriptive regulations – regulations that restrict behavior such as pollution – and their use to cure market failures, and has overlooked the vast number of transfer regulations. Transfer regulations are regulations that channel funds to beneficiaries. These regulations are authorized by statutes that establish entitlement programs like Medicare and Social Security, pay one-time distributions to victims of misfortunes such as natural disasters and the 9/11 terrorist attack, and fund pork barrel spending. Cost-benefit analysis cannot be used to evaluate transfer regulations because all transfer regulations fail cost-benefit analysis, but …

Of Borders, Fences, And Global Environmentalism, Tseming Yang

Chicago Journal of International Law

They say that political boundaries are fictitious and arbitrary lines. At the US-Mexico border, however, that line is not just an imaginary concept but also a tangible, physical structure. Metal fences run along the border from San Diego, California to Brownsville, Texas. In the vicinity of its Pacific Ocean endpoint, the San Diego-Tijuana area, the fence is fourteen feet high. Hundreds of names are scrawled on the Mexican side of the fence, memorializing those who have died in their attempts to enter the US under the Immigration and Naturalization Service's ("INS") Operation Gatekeeper. Before running more than a hundred yards …

The Small Business Liability Relief And Brownfields Revitalization Act: A Critique, Flannary P. Collins

Duke Environmental Law & Policy Forum

No abstract provided.

Transfer Regulations And Cost Effectiveness Analysis, Eric A. Posner

Coase-Sandor Institute for Law & Economics Research Paper Series

Recent scholarship on regulatory oversight has focused on cost-benefit analysis of prescriptive regulations—regulations that restrict behavior such as pollution—and their use to cure market failures, and has overlooked the vast number of transfer regulations. Transfer regulations are regulations that channel funds to beneficiaries. These regulations are authorized by statutes that establish entitlement programs like Medicare and Social Security, pay one-time distributions to victims of misfortunes such as natural disasters and the 9/11 terrorist attack, and fund pork barrel spending. Cost-benefit analysis cannot be used to evaluate transfer regulations because all transfer regulations fail cost-benefit analysis; cost-effectiveness analysis, however, can be …

One Hundred Years Of Environmental Pollution At Chattanooga Creek: A Review Of Selected Studies, Connie C. Kennedy

Masters Theses and Doctoral Dissertations

When studying local Chattanooga history, one cannot ignore the issues of pollution in the city and the environmental degradation of the Chattanooga Creek. Throughout the past one hundred years, the Chattanooga Creek was subjected to multiple inputs of pollutants, beginning with animal wastes in the early 1900s, coal tar from government operated coke ovens during the WWII era, and large amounts of industrial wastes in the latter part of the century. Today the creek is officially closed to the public but the status of its water and sediments remains dangerously polluted. Several research projects throughout the past two decades have …

Changing Nature: The Myth Of The Inevitability Of Ecosystem Management, Bruce Pardy

Pace Environmental Law Review

In this article, the author argues that ecosystem management is a policy choice masquerading as an inevitability. Ecosystem management is a process that measures, controls and changes ecosystems to produce the most desirable environment in human terms. The article begins with a discussion of two developments from which ecosystem management derives its legitimacy, the theory of nonequilibrium in ecosystems and the extinction of pristine systems: ecosystems exist in a fluid and dynamic state, and there are no ecosystems that are completely unaffected by human impact. Therefore, according to the prevailing view, it is not possible to preserve ecosystems in a …

Untying The Hands Of D.C.: Ways To Avoid Constitutional Conflicts While Addressing Solid Waste Dispoal, Janell De Gennaro

University of the District of Columbia Law Review

No abstract provided.

Eis Process, Janice Osadczuk, Jim Juricic, Steve Smith

Purdue Road School

No abstract provided.

Observer, Central Washington University

Student Newspaper

Student newspaper for Central Washington University for March 13, 2003

Meeting Notes 2003-03-13 [Part C] , Joint Policy Advisory Committee On Transportation

Joint Policy Advisory Committee on Transportation

No abstract provided.

Meeting Notes 2003-03-13 [Part A] , Joint Policy Advisory Committee On Transportation

Joint Policy Advisory Committee on Transportation

No abstract provided.

Meeting Notes 2003-03-13 [Part B] , Joint Policy Advisory Committee On Transportation

Joint Policy Advisory Committee on Transportation

No abstract provided.

Observer, Central Washington University

Student Newspaper

Student newspaper for Central Washington University for March 6, 2003

Endangered Fish Passage Project At The Grand Valley Project Diversion Dam And Fish Screen In The Government Highline Canal, United State Department Of The Interior, Bureau Of Reclamation

All U.S. Government Documents (Utah Regional Depository)

No abstract provided.

Are County Officials Liable For Forcibly Executing A Search Warrant Against A Sovereign Indian Tribe, John P. Lavelle

Faculty Scholarship

No abstract provided.

Distributive Justice And The Environment, Alice Kaswan

North Carolina Law Review

No abstract provided.

White Interests And Civil Rights Realism: Rodrigo's Bittersweet Epiphany, Richard Delgado

Michigan Law Review

I had just settled down, taken off my tie, and was about to go over the two-page handout entitled "Information for Wedding Parties " that the minister of the small church had handed me minutes earlier, when I heard a knock and familiar voice from the other side of the anteroom door.

Campus Chronicle (Vol. 5, No. 25), Valparaiso University

Campus Chronicle

No abstract provided.

February 1, 2003 (Pages 627-732), Pennsylvania Legislative Reference Bureau

Volume 33 (2003)

No abstract provided.

Green Business: Should We Revoke Corporate Charters For Environmental Violations?, Mitchell F. Crusto

Louisiana Law Review

No abstract provided.

No More Looting And Destruction! : We The Peoples Of The South Are Ecological Creditors, Rowil Aguillon, Ivonne Yánez, Louise Finer, E. (Elizabeth) Bravo Velásquez

Centro Cultural Abya Yala del Ecuador

Translated from Spanish

Course Catalogue 2003-2004, Mercer University School Of Law

Office of the Registrar

No abstract provided.

The History Of Community Gardens In New York City: The Role Of Urban Agriculture And Green Roofs In Addressing Environmental Racism, Rosamarie Ridge

Student Theses 2001-2013

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Sustainable Communities And Health Inequalities, Pierre Horwitz, Neil Drew, Neil Thomson, Meredith Green

Sciences Conference Papers

The goal of the Sustainable Communities Network is to seek effective interventions that address health inequalities in rural, remote and Indigenous communities through sustainable development and supporting sustainable communities. The Network is part of the Health Inequalities Research Collaboration, now known as the Health Inequalities Ministerial Advisory Committee, a Commonwealth Department of Health and Ageing initiative. Its goal is to enhance Australia’s knowledge of the causes of and effective responses to health inequalities, and to promote vigorously the application of this evidence to reduce health inequalities in Australia. This Committee was established in response to the increasing concern for health …

Environmental Law At Maryland, No. 16, Winter-Spring 2003

Environmental Law at Maryland

No abstract provided.

Are Title Vi's Disparate Impact Regulations Valid?, Bradford Mank

Faculty Articles and Other Publications

This Essay, however, contends that section 602 disparate impact regulations in Tide VI are valid because Congress has implicitly sanctioned their creation, and explicitly approved them in subsequent related statutes.

Part II of this Essay discusses the legislative history of Tide VI, which suggests that Congress intended to give administrative agencies discretion to define "discrimination" in their Tide VI regulations as prohibiting either intentional conduct or actions having disparate impacts against racial minorities as long as the President approved such rules.

Part III illustrates that five different Congresses have enacted four subsequent related statutes that explicitly incorporate Tide VI disparate …

The Edge, Spring 2003, Eastern Michigan University

Alumni News: Eastern Magazine

No abstract provided.

Final Environment Impact Statement: Double-Crested Cormorant Management In The United States, Shauna Hanisch, Brian Millsap

United States Fish and Wildlife Service: Publications

Populations of Double-crested Cormorants have been increasing rapidly in many parts of the U.S. since the mid-1970s. This abundance has led to increased conflicts, both real and perceived, with various biological and socioeconomic resources, including recreational fisheries, other birds, vegetation, and hatchery and commercial aquaculture production. This document describes and evaluates six alternatives (including the proposed action) for the purposes of reducing conflicts associated with cormorants, enhancing the flexibility of natural resource agencies to deal with cormorant conflicts, and ensuring the long-term conservation of cormorant populations. There are four chapters that make up the critical components of an Environmental Impact …