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Enforcement And The Success Of International Environmental Law, Mary Ellen O'Connell

Indiana Journal of Global Legal Studies

Professor O'Connell discusses the tradtional methods used for international law "enforcement," and she argues that international law is generally obeyed Its enforcement is based primarily on compliance, not enforcement. Accordingly, the author argues against using international enforcement mechanisms to enforce international environmental law. Instead, she posits that domestic courts should be used for international environmental law enforcement, however, certain obstacles, such as sovereign immunity, the doctrine of standing, and the principle of forum non conveniens, must be overcome. Professor O'Connell argues that it may be possible to overcome many of these court-made obstacles to enforcing international law through domestic courts. …

Be Fruitful, And Multiply, And Replenish The Earth, And Subdue It: Third World Population Growth And The Environment, Omar Saleem

Journal Publications

No abstract provided.

Takings Of Wildlife Under The Endangered Species Act After Babbitt V. Sweet Home Chapter Of Communities For A Great Oregon, Lawrence R. Liebesman, Steven A.G. Davison

All Faculty Scholarship

No abstract provided.

Whooping Cranes And Piping Plovers: Watershed Problem Solving On The Platte, Elizabeth Rieke, Gordon W. (Jeff) Fassett, University Of Colorado Boulder. Natural Resources Law Center

Whooping Cranes and Piping Plovers: Watershed Problem Solving on the Platte (April 27)

21 pages.

Includes illustrations, maps, and biographical information for Gordon W. Fassett and James S. Lochhead.

Habitat for species listed as endangered under federal law along the Platte River in Nebraska has been adversely affected by decreased river flows, resulting in federal legal barriers to further water development throughout the basin in three states. In June 1994 state and federal officials entered an agreement to develop a basin-wide recovery plan. Elizabeth Rieke, Assistant Secretary for Water & Science, Dept. of Interior, will discuss federal perspectives. Gordon (Jeff) Fassett, Wyoming State Engineer, and J. Michael (Mike) Jess, Nebraska …

Fourth Circuit Summary, Editors Of The William & Mary Environmental Law And Policy Review

William & Mary Environmental Law and Policy Review

The Fourth Circuit Summary provides a summary of prevailing environmental decisions decided by the United States Court of Appeals for the Fourth Circuit since the last issue of the William and Mary Environmental Law and Policy Review. It does not cover every environmental decision of the Fourth Circuit during that time period, but only those cases which the editors believe to be of the most interest to our subscribers.

The African Elephant, Africa, And Cites: The Next Step, Bill Padgett

Indiana Journal of Global Legal Studies

No abstract provided.

Alteration Of Wildlife Habitat As A Prohibited Taking Under The Endangered Species Act, Steven A.G. Davison

All Faculty Scholarship

No abstract provided.

Summary And Analysis, David Fullerton

UC Law Environmental Journal

No abstract provided.

Pollution Trading Permits As A Form Of Market Socialism And The Earch For A Real Market Solution To Environmental Pollution, Robert W. Mcgee, Walter E. Block

Fordham Environmental Law Review

No abstract provided.

The Economy Of Nature, Private Property, And The Endangered Species Act, Albert Gidari

Fordham Environmental Law Review

No abstract provided.

Advanced Chemical Fingerprinting In Hazardous Waste Liability Under Cercla, Roslyn K. Myers

Fordham Environmental Law Review

No abstract provided.

Case Summaries

Journal of Environmental and Sustainability Law

No abstract provided.

Transboundary Shipments Of Toxic Waste: The Basel And Bamako Conventions: Do Third World Countries Have A Choice?, B. John Ovink

Penn State International Law Review

No abstract provided.

Let Them Do As They Have Promised, Laura Berg

UC Law Environmental Journal

No abstract provided.

Allied Chemical, The Kepone Incident, And The Settlements: Twenty Years Later, Robert R. Merhige Jr., Manning Gasch Jr., William B. Cummings, Robert H. Sand, Robert B. Smith Iii, W. Wade Berryhill

University of Richmond Law Review

Twenty years ago this July the happenings at a small chemical plant in Hopewell, Virginia ushered in what has since become an incident of national impact and importance. Through the prosecution of criminal cases, the filing of civil personal injury suits and the closing of the James River to fishing, the release of the chemical from the Kepone manufacturing process gained national attention.

Enforcement Of Environmental Law In A Triangular Federal System: Can Three Not Be A Crowd When Enforcement Authority Is Shared By The United States, The States, And Their Citizens?, David R. Hodas

Maryland Law Review

No abstract provided.

Changes In The Clean Water Act Since Kepone: Would They Have Made A Difference?, Wiliam Goldfarb

University of Richmond Law Review

In the anti-regulatory climate that currently pervades the American political scene, it is important to emphasize the palpable and significant accomplishments of environmental regulation. One measure of the success of environmental law during the past twenty-five years is that long-term, relatively localized environmental contamination-such as the pollution of the lower James River by Kepone between 1966 and 1975-probably can no longer occur in the United States. Major environmental statutes, enacted during the decade between 1976 and 1986, have precluded continuing environmental abuses of this scope and magnitude. The Resource Conservation and Recovery Act (RCRA), enacted in 1976, establishes a compre- …

Facing A Time Of Counter-Revolution-- The Kepone Incident And A Review Of First Principles, Zygmunt J.B. Plater

University of Richmond Law Review

The Kepone contamination episode of 1966-75 was a milestone that focused an entire nation's attention on environmental hazards and our need to do better in recognizing and avoiding them. We have learned a great deal from that unfortunate story. The evolution of American environmental law since the Kepone debacle has repeatedly used the incident as a touchstone in identifying environmental pollution's causes, effects, and potential solutions.

An Outline History Of Environmental Law And Administration In Poland, Daniel H. Cole

Articles by Maurer Faculty

No abstract provided.

Enforcement And The Success Of International Environmental Law, Mary Ellen O'Connell

Journal Articles

Professor O'Connell discusses the traditional methods used for international law "enforcement," and she argues that international law is generally obeyed. Its enforcement is based primarily on compliance, not enforcement. Accordingly, the author argues against using international enforcement mechanisms to enforce international environmental law. Instead, she posits that domestic courts should be used for international environmental law enforcement; however, certain obstacles, such as sovereign immunity, the doctrine of standing, and the principle of forum non conveniens, must be overcome. Professor O'Connell argues that it may be possible to overcome many of these court-made obstacles to enforcing international law through domestic courts. …