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Articles 1 - 21 of 21

Full-Text Articles in Law

New Regulations For Nontidal Wetlands, Roy A. Hoagland, Patrick O'Hare Oct 2001

New Regulations For Nontidal Wetlands, Roy A. Hoagland, Patrick O'Hare

Popular Media

No abstract provided.


Campaign Of Sabotage: Big Government's War Against Public Transportation , Michael E Lewyn Oct 2001

Campaign Of Sabotage: Big Government's War Against Public Transportation , Michael E Lewyn

Michael E Lewyn

This article discusses a variety of state, federal and local policies which have reduced transit ridership, such as unfunded mandates, anti-transit zoning policies, and highway funding policies that shifted development to areas with minimal or nonexistent transit service.


An Ivy League Mystery: The Lost Papers Of Arthur Linton Corbin, Scott D. Gerber Oct 2001

An Ivy League Mystery: The Lost Papers Of Arthur Linton Corbin, Scott D. Gerber

South Carolina Law Review

No abstract provided.


The Global Environment And Free Trade: A Vexing Problem And A Taxing Solution, John A. Barrett Jr. Oct 2001

The Global Environment And Free Trade: A Vexing Problem And A Taxing Solution, John A. Barrett Jr.

Indiana Law Journal

No abstract provided.


Bioavailability: On The Frontiers Of Science And Law In Cleanup Methodologies For Contamination, Linda A. Malone Jul 2001

Bioavailability: On The Frontiers Of Science And Law In Cleanup Methodologies For Contamination, Linda A. Malone

Faculty Publications

No abstract provided.


Fourth Circuit Summary, Editors Of The William & Mary Environmental Law And Policy Review Apr 2001

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

William & Mary Environmental Law and Policy Review

No abstract provided.


A Dinamikus És Organikus Fejlõdés Gazdasága (Dynamic And Organic Development Economy), Milan Meszaros Feb 2001

A Dinamikus És Organikus Fejlõdés Gazdasága (Dynamic And Organic Development Economy), Milan Meszaros

Milan Meszaros physicist

In the present paper it is shown in details that the development of industry based on the monetary economy and the real protection of the environment contradicts to each other, antagonistically. Furthermore, the handling and inherent solution of the contradiction points to the direction of a new development path which is called the Dynamic and Organic Development Economy (DODE). Finally, this new path means the real unison of the industrialization and protection of the environment, as well as, a fundamental -but not sustainable or other discreditable etc.- transformation of the industrial development and consumer society within the frame of monetary …


Public Trust & Distrust: Theoretical Implications Of The Public Trust Doctrine For Natural Resource Management, Erin Ryan Jan 2001

Public Trust & Distrust: Theoretical Implications Of The Public Trust Doctrine For Natural Resource Management, Erin Ryan

Erin Ryan

This essay reviews the theoretical underpinnings of the public trust doctrine, received at common law and constitutionalized in many states, and explores its contentious reception by green legal theorists. Since Professor Joseph Sax's revival of the ancient common law doctrine as a vehicle for environmental advocacy in the early 1970s, it has been hailed by many environmentalists as the most powerful tool available for protecting natural resource commons. At the same time, however, it has been attacked by others who argue that use of the property rights-based doctrine reifies an ownership approach to natural resources and obstructs the development of …


Vantage Point & Issue Editor, Climate Change Issue, David R. Hodas Jan 2001

Vantage Point & Issue Editor, Climate Change Issue, David R. Hodas

David R. Hodas

No abstract provided.


Cafos As Neighbors: An Analysis Of Kentucky Nuisance Law And Agricultural Operations, Serena M. Williams Jan 2001

Cafos As Neighbors: An Analysis Of Kentucky Nuisance Law And Agricultural Operations, Serena M. Williams

Serena M Williams

No abstract provided.


Environmental Insurance: Does It Defy The Rules, Amanda Leiter Jan 2001

Environmental Insurance: Does It Defy The Rules, Amanda Leiter

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Direct Environmental Standing For Chartered Conservation Corporations, Karl S. Coplan Jan 2001

Direct Environmental Standing For Chartered Conservation Corporations, Karl S. Coplan

Elisabeth Haub School of Law Faculty Publications

This article suggests that, as an antidote to the ever-tightening restrictions on individual environmental standing, a state may charter a not-for-profit corporation organized to protect a particular environmental resource, giving the corporation a non-exclusive portion of the State's interest in enforcing applicable environmental protections. The dichotomy between not-for-profit organizations that may litigate only as the representative of individual members' interests, and business corporations that assert their own direct economic interests, may seem natural to our late-twentieth-century sensibility, but is not founded in original intent. The framers of Article III, which grants jurisdiction over “cases and controversies” to the federal courts, …


David Ross Brower And Nature's Laws, Nicholas A. Robinson Jan 2001

David Ross Brower And Nature's Laws, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

“We're not blindly opposed to progress. We're opposed to blind progress.” These words summed up the style and power of David R. Brower. Indelibly, he chiseled toe hold after toe hold on an arduous climb across the rock face of the commercial forces driven to seek short-term gain from natural resources and oblivious to the longer-term costs to the Earth that the ecological sciences would chronicle but that economists would disregard as mere “externalities” in their classical market models. As Brower campaigned to protect the wilderness of North America and the Earth, through his sheer conviction and abundant eloquence, he …


Legal Systems, Decisionmaking, And The Science Of Earth's Systems: Procedural Missing Links, Nicholas A. Robinson Jan 2001

Legal Systems, Decisionmaking, And The Science Of Earth's Systems: Procedural Missing Links, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

Decisionmakers disregard scientific findings regarding environmental conditions, despite recommendations of the 1992 "Earth Summit" in Agenda 21 that science should provide a foundation for sustainable development. Although environmental degradation trends continue to exacerbate, decisionmakers address only selected issues. This Article examines an analytic paradigm for evaluating when decisionmakers are ready to address a problem and describes the catalytic role that scientific information can serve in prompting remedial action. Unless systematic procedures require evaluation of environmental scientific findings in the normal course of decisionmaking, science will continue to be ignored. One hallmark of Environmental Law has been to fashion such procedures, …


Forest Fires As A Common International Concern: Precedents For The Progressive Development Of International Environmental Law, Nicholas A. Robinson Jan 2001

Forest Fires As A Common International Concern: Precedents For The Progressive Development Of International Environmental Law, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

Without a better global effort to prevent and cope with forest fires, the remaining wild forests' resources of the world are at risk. Quite apart from the present loss of commercial timber and species habitat, and the present problems of flooding and erosion in the aftermath of fires, the loss of these wooded lands will reduce the capacity of regions to absorb carbon dioxide through photosynthesis, thereby making the challenge of managing emissions of greenhouse gases all the more problematic. Forests sequester carbon in their woody tissue as a result of photosynthesis, and are often termed the “lungs” of the …


Federal Fossil Fuel Subsidies And Greenhouse Gas Emissions: A Case Study Of Increasing Transparency For Fiscal Policy, John Dernbach, Doug Koplow Dec 2000

Federal Fossil Fuel Subsidies And Greenhouse Gas Emissions: A Case Study Of Increasing Transparency For Fiscal Policy, John Dernbach, Doug Koplow

John C. Dernbach

No abstract provided.


From Rio To Johannesburg: Implementing Sustainable Development At The Global And Local Scale, John Dernbach Dec 2000

From Rio To Johannesburg: Implementing Sustainable Development At The Global And Local Scale, John Dernbach

John C. Dernbach

No abstract provided.


The Missouri River And Adaptive Management: Protecting Ecological Function And Legal Process, John Davidson, Thomas Geu Dec 2000

The Missouri River And Adaptive Management: Protecting Ecological Function And Legal Process, John Davidson, Thomas Geu

John Davidson

No abstract provided.


Escaping The Common Law's Shadow: Standing In The Light Of Laidlaw, Robert Percival Dec 2000

Escaping The Common Law's Shadow: Standing In The Light Of Laidlaw, Robert Percival

Robert Percival

No abstract provided.


Coordination Of A Large Environmental Permitting Effort, Kenneth T. Kristl, Jennifer T. Nijman Dec 2000

Coordination Of A Large Environmental Permitting Effort, Kenneth T. Kristl, Jennifer T. Nijman

Kenneth T Kristl

No abstract provided.


Beyond Eco-Imperialism: An Environmental Justice Critique Of Free Trade, Carmen G. Gonzalez Dec 2000

Beyond Eco-Imperialism: An Environmental Justice Critique Of Free Trade, Carmen G. Gonzalez

Carmen G. Gonzalez

The article contributes to the trade and environment literature by assessing the claim that industrialized country proposals to integrate environmental protection into the WTO trade regime constitute environmental imperialism - the imposition of industrialized country values and preferences on less powerful nations. This claim is usually based on two distinct premises. The first is that environmental protection is a luxury that poor countries can ill afford. The second is that wealthy countries have played a leadership role in the protection of the global environment. The article questions these assumptions. It argues that environmental protection is essential to well-being of the …