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Full-Text Articles in Law
One Year's Environmental Litigation: 1977-78, Oscar S. Gray
One Year's Environmental Litigation: 1977-78, Oscar S. Gray
Oscar S. Gray
No abstract provided.
Decision On Bt-Brinjal: Issues Of Legal Certainty, Nupur Chowdhury, Nidhi Srivastava
Decision On Bt-Brinjal: Issues Of Legal Certainty, Nupur Chowdhury, Nidhi Srivastava
Nupur Chowdhury
The recent decision of the government of India to impose a moratorium on the release of Bt-Brinjal has been hailed by civil society and scientists alike as a victory for transparency and has demonstrated that the government is responsive to societal demands. This decision is also important since it could set a precedent within environmental regulation with reference to technologies with significant environmental risks. However, the decision also reflects a clear departure from procedure and its legal basis is tenuous and therefore the risk of it being reversed remains. This establishes a clear case for ensuring legal certainty in environmental …
Is Environmental Law A Barrier To Emerging Alternative Energy Sources, Amy J. Wildermuth
Is Environmental Law A Barrier To Emerging Alternative Energy Sources, Amy J. Wildermuth
Articles
My aim in this article is to explore the environmental law-energy divide from the environmental law perspective. In doing so, I will examine the impact of environmental law on energy use and energy sources today, focusing particularly on the development of alternative energy. Professor Lincoln Davies has taken up the same task---exploring the environmental law-energy divide-but from the perspective of energy law. Our collective goal is to inspire a discussion about how energy law and environmental law interact and what that means for energy development and use. We also hope to provide some ideas, based on lessons from alternative energy …
Standing, On Appeal, Amy J. Wildermuth, Lincoln L. Davies
Standing, On Appeal, Amy J. Wildermuth, Lincoln L. Davies
Articles
Scholarly criticism of standing doctrine is hardly new, but a core problem with standing jurisprudence remains overlooked: How do parties challenging administrative decisions factually prove that they have standing on appeal when appellate courts normally do not conduct fact finding? This Article attempts to tackle that problem. It combines a four-pronged normative procedural justice model with an empirical study of appellate cases to conclude that (1) although this issue arises in a relatively narrow set of cases, the number of such cases is growing and (2) existing judicial solutions to the problem are deficient. Thus, after exploring several options — …