Law Commons^™

Do Owners Have A Fair Chance Of Prevailing Under The Ad Hoc Regulatory Takings Test Of Penn Central Transportation Company?, F. Patrick Hubbard, Shawn Deery, Sally Peace, John P. Fougerousse

Duke Environmental Law & Policy Forum

No abstract provided.

New Opportunities For Native American Tribes To Pursue Environmental And Natural Resource Claims, Allan Kanner, Ryan Casey, Barrett Ristroph

Duke Environmental Law & Policy Forum

No abstract provided.

Market Principles For Pesticides, Andrew P. Morriss, Roger E. Meiners

William & Mary Environmental Law and Policy Review

No abstract provided.

Take It Or Leave It: The Supreme Court's Regulatory Takings Jurisprudence After Tahoe-Sierra, Justin W. Stemple

William & Mary Environmental Law and Policy Review

No abstract provided.

Creation, Liberation, And Property: Virtues And Values Toward A Theocentric Earth Ethic, W. Wade Berryhill

Law Faculty Publications

Religion continues to play a significant role in shaping our attitudes toward nature.2 Time-honored principles of stewardship of the land demand that we owe a duty to future generations to allow them to inherit a healthy environment. Essential to this obligation is spiritual faith, not the trendy brand of secular humanism espoused by ecodogmatists seeking environmental justice through means unmoored from centuries-old principles of creation. What secular humanism ignores-and what religious traditions the world over have recognizedis the reality that we are a "creative expression of the earth's own evolution."3 Thus, in light of our duty to posterity, mere emphasis …

California Coastal Commission: Retroactivity Of A Judicial Ruling Of Unconstitutionality, Kristin Grenfell

Duke Environmental Law & Policy Forum

No abstract provided.

Introduction To The Symposium: Pesticides: What Will The Future Reap?, Natasha C. Robinson

William & Mary Environmental Law and Policy Review

No abstract provided.

Beyond The Dirty Dozen: The Bush Administration's Cautious Approach To Listing New Persistent Organic Pollutants And The Future Of The Stockholm Convention, Pep Fuller, Thomas O. Mcgarity

William & Mary Environmental Law and Policy Review

No abstract provided.

The Interior Department's Water 2025: Blueprint For Balance, Or Just Better Business As Usual?, Reed D. Benson

Faculty Scholarship

The U.S. Bureau of Reclamation (USBR or the Bureau) observed its centennial in 2002, and celebrated 100 years of building dams and supplying water for irrigation and other purposes in the western United States. In 2003, the U.S. Department of the Interior (the Interior) and the Bureau shifted their focus to the future of the West and its water supply needs, producing a document called Water 2025: Preventing Crises and Conflict in the West.

Environmental Justice: Stakes, Stakeholders, Strategies, Eileen Gauna, Shiela Foster

Faculty Scholarship

A quick review of the beginning prominence of and continued work for environmental justice.

Nothing But Net: Renewable Energy And The Environment Midamerican Legal Fictions, And Supremacy Doctrine, Steven Ferrey

Duke Environmental Law & Policy Forum

No abstract provided.

An Analysis Of The Rights-Based Justification For Federal Intervention In Environmental Regulation, Daveed Gartenstein-Ross

Duke Environmental Law & Policy Forum

No abstract provided.

The Brownfields Act: Providing Relief For The Innocent Or New Hurdles To Avoid Cercla Liability?, Spencer M. Wiegard

William & Mary Environmental Law and Policy Review

No abstract provided.

Review Of International Organizations And International Dispute Settlement Edited By Laurence Boisson De Chazournes, Cesare Romano, And Ruth Mackenzie, David A. Wirth

David A. Wirth

No abstract provided.

Mass Toxic Tort Litigation And Class Action Rule Reform In The United States, Jason L. Betts

ExpressO

The paper advances the proposition that mass toxic tort litigation has been the predominant driver of class action rule reform in the Unites States. Through three distinct phases of proposals to reform Rule 23 of the Federal Rules of Civil Procedure, the judicial and academic attitude to the certification of mass toxic torts has influenced the reform debate in radically different ways – initially by providing the catalyst for efforts to reform Rule 23; then as a dampener against significant reforms to Rule 23 in the wake of mass toxic tort “settlement-only” classes; and ultimately as an explanation for the …

Building Sector-Based Consensus: A Review Of The Epa's Common Sense Initiative, Cary Coglianese, Laurie K. Allen

All Faculty Scholarship

In the late 1990s, the U.S. Environmental Protection Agency (EPA) conducted what the agency considered to be a "bold experiment" in regulatory reinvention, bringing representatives from six industrial sectors together with government officials and NGO representatives to forge a consensus on innovations in public policy and business practices. This paper assesses the impact of the agency's "experiment" - called the Common Sense Initiative (CSI) - in terms of the agency's goals of improving regulatory performance and technological innovation. Based on a review of CSI projects across all six sectors, the paper shows how EPA achieved, at best, quite modest accomplishments. …

Multilateral Environmental Agreements And The Compliance Continuum, Teall E. Crossen

ExpressO

This paper responds to the observation that despite the high number of multilateral environment agreements (“MEAs”), and relatively high compliance rate, the global commons are continuing to deteriorate. I review the contemporary literature addressing the question: "why nations comply with international law," focusing specifically on MEAs. The competing schools of thought are organized along a "compliance continuum," – bordered at one end by the Chayesian approach advocating managing compliance, and the Downsian view at the other, arguing for enforcement when there are high incentives to defect.

In sum, my conclusions are (1) adequately responding to global environmental problems requires increasing …

Ecocide And Genocide In Iraq: International Law, The Marsh Arabs And Environmental Damage In Non-International Conflicts, Aaron Schwabach

ExpressO

In 1991, after the first Gulf War, the Marsh Arabs of southern Iraq rose up against the Hussein government, with U.S. encouragement. The rebellion failed; in retaliation the government embarked on a massive water diversion project to drain the wetlands. In 1970 the wetlands covered nearly 11,000 square kilometers; today they cover fewer than a thousand. The Marsh Arabs whose ancestors had lived in the wetlands for five thousand years were forced to flee; many died. The drainage of the wetlands was a deliberate and calculated act of genocide and ecocide. At the time, Iraq was a party to several …

Takings Formalism And Regulatory Formulas: Exactions And The Consequences Of Clarity, Mark Fenster

ExpressO

A vocal minority of the U.S. Supreme Court recently announced its suspicion that lower courts and state and local administrative agencies are systematically ignoring constitutional rules intended to limit, through heightened judicial review, exactions as a land use regulatory tool. Exactions are the concessions local governments require of property owners as conditions for the issuance of the entitlements that enable the intensified use of real property. In two cases decided over the past two decades, Nollan v. California Coastal Commission (1987) and Dolan v. City of Tigard (1994), the Court has established under the Takings Clause a logic and metrics …

Day 5. Friday, August 15, 2003: Rocky Mountain National Park, University Of Colorado Boulder. Natural Resources Law Center

Energy Field Tour 2003 (August 11-16)

1 page.

Contains references.

Day 4. Thursday, August 14, 2003: Trapper Mine, University Of Colorado Boulder. Natural Resources Law Center

Energy Field Tour 2003 (August 11-16)

8 pages (includes some color illustrations).

Contains references.

Day 4. Thursday, August 14, 2003: Hayden Power Plant, University Of Colorado Boulder. Natural Resources Law Center

Energy Field Tour 2003 (August 11-16)

5 pages (includes color illustrations and maps).

Contains references.

Day 3. Wednesday, August 13, 2003: Lighthawk Flyover, University Of Colorado Boulder. Natural Resources Law Center

Energy Field Tour 2003 (August 11-16)

11 pages (includes some color illustrations and maps).

Contains references.

Day 2. Tuesday, August 12, 2003: Delta Montrose Energy, University Of Colorado Boulder. Natural Resources Law Center

Energy Field Tour 2003 (August 11-16)

1 page.

Contains references.

Day 2. Tuesday, August 12, 2003: Valley Oil And Gas Development, University Of Colorado Boulder. Natural Resources Law Center

Energy Field Tour 2003 (August 11-16)

1 page.

Contains references.

Day 2. Tuesday, August 12, 2003: Roan Plateau Proposed Wilderness Area, Roan Plateau

Energy Field Tour 2003 (August 11-16)

4 pages (includes color illustration).

Contains references.

Day 1. Monday, August 11, 2003: Shoshone Hydroelectric Plant, Glenwood Canyon, Shoshone Hydroelectric Plant

Energy Field Tour 2003 (August 11-16)

3 pages.

Contains references.

Agenda: Energy Field Tour 2003, University Of Colorado Boulder. Natural Resources Law Center

Energy Field Tour 2003 (August 11-16)

Congressional staff tour held August 11-16, 2003

Summary: Binder of assorted articles, maps, brochures and other materials prepared for participants of the tour

Contents:

MONDAY, AUGUST 11, 2003: BLUE SPRUCE PEAKER PLANT: University of Colorado Natural Resources Law Center : congressional staff tour of Blue Spruce Energy Center / Peggy Duxbury -- 'Power Struggle', National Journal, June 27, 2003 / Margaret Kritz -- 'Calpine's Blue Spruce Energy Center begins commercial operation', Calpine press release, April 17, 2003 -- NATIONAL RENEWABLE ENERGY LAB: NREL at a glance -- NREL technologies -- SHOSHONE HYDROELECTRIC PLANT: 'River District Board supports spring Shoshone call …

Day 1. Monday, August 11, 2003: Blue Spruce Peaker Plant, Blue Spruce Energy Center

Energy Field Tour 2003 (August 11-16)

10 pages (includes color illustrations and maps).

Contains references.

Difused Surface Water: Reasonable Use Has Become The Common Enemy, Wendy B. Davis

ExpressO

Diffused surface water, caused by precipitation, should be treated as a necessary asset to replenish aquifers used for drinking water, and not as waste to be disposed of by landowners. Groundwater aquifers were created, and can only be replenished, by precipitation that is allowed to seep underground. Ninety-nine percent of the drinking water for people in rural areas of America comes from groundwater aquifers. These aquifers are in danger of being contaminated or depleted, which could result in severe water shortages very soon. Legislators have failed to enact a comprehensive system to regulate the use of aquifers, relying instead on …