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Articles 1 - 17 of 17
Full-Text Articles in Law
Muddying The Waters: The Need For More Clarity Under The Clean Water Act, Georgia D. Reid
Muddying The Waters: The Need For More Clarity Under The Clean Water Act, Georgia D. Reid
Buffalo Environmental Law Journal
No abstract provided.
Defenders Of Wildlife V. Jewell: Environmentalists Win The Latest Battle In The Fight Over Gray Wolves, But Who Will Win The War?, Rachel Kenigsberg
Defenders Of Wildlife V. Jewell: Environmentalists Win The Latest Battle In The Fight Over Gray Wolves, But Who Will Win The War?, Rachel Kenigsberg
Buffalo Environmental Law Journal
No abstract provided.
It's Not Just The Effort That Counts: Conservation Endangerment For At-Risk Species, Robert T. Caccese
It's Not Just The Effort That Counts: Conservation Endangerment For At-Risk Species, Robert T. Caccese
Buffalo Environmental Law Journal
The listing determination factors nestled within Section 4 of the Endangered Species Act can be best described as the controversial heart and soul of the statute. Federal courts, charged with reviewing listing determinations, need specific criteria to provide better consistency and clarityfor the arbitrary and capricious judicial review standard In its current state, the standard has not been stated with any particularity, leaving adequacy to be based upon case-specific analysis by various federal judges regarding listing decisions of the U.S. Fish and Wildlife Service. Most crucial are contexts pertaining to conservation effort reliance. Federal agencies' increased reliance on agreements and …
Regulation Of Greenhouse Gases And Other Air Pollutants In The First Obama Administration And Major Air Issues For The Second Term, Patricia Ross Mccubbin
Regulation Of Greenhouse Gases And Other Air Pollutants In The First Obama Administration And Major Air Issues For The Second Term, Patricia Ross Mccubbin
Buffalo Environmental Law Journal
No abstract provided.
Turning Lemons Into Lemonade: Utilizing The Naaqs Provisions Of The Clean Air Act To Comprehensively Address Climate Change, Ari R. Lieberman
Turning Lemons Into Lemonade: Utilizing The Naaqs Provisions Of The Clean Air Act To Comprehensively Address Climate Change, Ari R. Lieberman
Buffalo Environmental Law Journal
No abstract provided.
Multiple Facets Of Damage Caused By Exposure To Low-Dose Radiation And The Legal Remedy, Yi-Chen Su, Peter W.S. Chang
Multiple Facets Of Damage Caused By Exposure To Low-Dose Radiation And The Legal Remedy, Yi-Chen Su, Peter W.S. Chang
Buffalo Environmental Law Journal
In addition to the toll in human life, there are at least three facets of damage caused by the protracted exposure to low-dose radiation: bodily injury, mental anguish, and property injury. After examining cases and compensation schemes in the United States and Taiwan, this article concludes that both the Taiwanese administrative compensation scheme and U.S. federal courts' interpretation of the Price-Anderson Act favor finding injury to the claimants' property, but not adverse effects to their health. To redress the injustice caused by the systemic bias, this article argues that the tort system should be adapted to tolerate gray area, such …
The Erosion Of Federal Common Law: Anticipatory Delegation In American Electric Power Company V. Connecticut, Paul Winters
The Erosion Of Federal Common Law: Anticipatory Delegation In American Electric Power Company V. Connecticut, Paul Winters
Buffalo Environmental Law Journal
Eleven plaintiffs brought a common law action, seeking injunctive relief against the six largest American producers of greenhouse gases. Because the EPA had not yet promulgated regulations governing the production of greenhouse gases, the Second Circuit Court of Appeals held that federal law had not displaced plaintiffs ' common law claim. The Supreme Court reversed, holding that even though regulations had not been promulgated, EPA occupied the field nevertheless. The decision marks an extension of the regulatory displacement of federal common law to regulations that are merely anticipated Such extension, or "anticipatory delegation, " represents an unacceptably large incursion into …
Regulations Of Hydraulic Fracturing Under The Safe Drinking Water Act, Keith B. Hall
Regulations Of Hydraulic Fracturing Under The Safe Drinking Water Act, Keith B. Hall
Buffalo Environmental Law Journal
For more than 20 years after the 1974 enactment of the Safe Drinking Water Act ("SD WA ), the US. Environmental Protection Agency interpreted the SDWA as not applying to hydraulic fracturing. The United States Eleventh Circuit ruled in 1997 that the SDWTA applied to fracturing, but the EPA chose not to consent to that interpretation outside the Eleventh Circuit. Further the EPA continued to take the position that its existing SDWTA regulations did not apply to hydraulic fracturing, and it never promulgated new regulations to cover fracturing. In 2005, the Congress passed legislation that generally is read as applying …
Raising A Stink: Why Michigan Cafo Regulations Fail To Protect The State's Air And Great Lakes And Are In Need Of Revision, Karly Zande
Buffalo Environmental Law Journal
No abstract provided.
Rescuing Science From Politics: Regulation And The Distortion Of Scientific Research, As Reviewed By, Matthew B. Powers
Rescuing Science From Politics: Regulation And The Distortion Of Scientific Research, As Reviewed By, Matthew B. Powers
Buffalo Environmental Law Journal
No abstract provided.
Science, Policy, And Politics: The Impact Of The Information Quality Act On Risk-Based Regulatory Activity At The Epa, Kirk T. O'Reilly
Science, Policy, And Politics: The Impact Of The Information Quality Act On Risk-Based Regulatory Activity At The Epa, Kirk T. O'Reilly
Buffalo Environmental Law Journal
No abstract provided.
Examining The 2005 U.S. Forest Service Planning Rule: How To Improve A Document Which Does Nothing But Means Everything, Michael Laurence Nisengard
Examining The 2005 U.S. Forest Service Planning Rule: How To Improve A Document Which Does Nothing But Means Everything, Michael Laurence Nisengard
Buffalo Environmental Law Journal
No abstract provided.
Regulating Utilities, Joseph Zopolsky
Regulating Utilities, Joseph Zopolsky
Buffalo Environmental Law Journal
No abstract provided.
New Source Review Under The Clean Air Act: Time For More Market-Based Incentives?, Todd B. Adams
New Source Review Under The Clean Air Act: Time For More Market-Based Incentives?, Todd B. Adams
Buffalo Environmental Law Journal
No abstract provided.
Indoor Radon: Regulating A Blameless Cause, Karen Hoyden Curtin
Indoor Radon: Regulating A Blameless Cause, Karen Hoyden Curtin
Buffalo Environmental Law Journal
No abstract provided.
Defining Wetlands For Regulatory Purposes: A Case Study In The Role Of Science In Policymaking, Emily Hartshorne Goodman
Defining Wetlands For Regulatory Purposes: A Case Study In The Role Of Science In Policymaking, Emily Hartshorne Goodman
Buffalo Environmental Law Journal
No abstract provided.
Hard Habits To Break: Information And Mutual Mistrust In The Regulation Of Corporate Polluters, David A. Niles
Hard Habits To Break: Information And Mutual Mistrust In The Regulation Of Corporate Polluters, David A. Niles
Buffalo Environmental Law Journal
No abstract provided.