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Buffalo Environmental Law Journal

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 Aug 2021

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 Jan 2016

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 Jan 2015

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 Jan 2014

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 Jan 2014

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 Apr 2012

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 Apr 2012

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 Oct 2011

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 Jan 2009

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 Apr 2007

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 Apr 2007

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 Oct 2006

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 Oct 2003

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 Oct 2000

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 Oct 1995

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 Oct 1994

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 Apr 1993

Hard Habits To Break: Information And Mutual Mistrust In The Regulation Of Corporate Polluters, David A. Niles

Buffalo Environmental Law Journal

No abstract provided.