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Full-Text Articles in Law
Did We Miss The Boat? The Clean Water Act And Sustainability, Ryan P. Murphy
Did We Miss The Boat? The Clean Water Act And Sustainability, Ryan P. Murphy
University of Richmond Law Review
No abstract provided.
Reading The Standing Tea Leaves In American Electric Power Co. V. Connecticut, Bradford C. Mank
Reading The Standing Tea Leaves In American Electric Power Co. V. Connecticut, Bradford C. Mank
University of Richmond Law Review
The U.S. Supreme Court by an equally divided vote offour to four affirmed the Second Circuit's decision finding standing and jurisdiction in the case in American Electric Power Co. v. Connecticut. While not binding as precedent beyond the Second Circuit,the case offers clues to how the Court is likely to rule in future standing cases. This article discusses the likely identities of the four Justices on each side of the standing issue in the case, as well as how Justice Sotomayor might have voted if she had not recused herself. Furthermore, the article examines how the decision expand- ed on …
When Responsive Legislation Ignores The Forest For The Trees, Matthew G. Curtis
When Responsive Legislation Ignores The Forest For The Trees, Matthew G. Curtis
Richmond Journal of Global Law & Business
No abstract provided.
Environmental Law, Caleb A. Jaffe, Sean M. Carney
Environmental Law, Caleb A. Jaffe, Sean M. Carney
University of Richmond Law Review
No abstract provided.
Finding The Proper Forum For Regulation Of U.S. Greenhouse Gas Emissions: The Legal And Economic Implications Of Massachusetts V. Epa, George F. Allen, Marlo Lewis
Finding The Proper Forum For Regulation Of U.S. Greenhouse Gas Emissions: The Legal And Economic Implications Of Massachusetts V. Epa, George F. Allen, Marlo Lewis
University of Richmond Law Review
No abstract provided.
Preserving The Chesapeake: Law, Ecology, And The Bay, Hon. Gerald L. Baliles
Preserving The Chesapeake: Law, Ecology, And The Bay, Hon. Gerald L. Baliles
University of Richmond Law Review
No abstract provided.
The Regional Greenhouse Gas Initiative And California Assembly Bill 1493: Filling The American Greenhouse Gas Regulation Void, Michael H. Wall
The Regional Greenhouse Gas Initiative And California Assembly Bill 1493: Filling The American Greenhouse Gas Regulation Void, Michael H. Wall
University of Richmond Law Review
No abstract provided.
Why Does The Chesapeake Bay Need Litigators?, Jon A. Mueller, Joseph Tannery
Why Does The Chesapeake Bay Need Litigators?, Jon A. Mueller, Joseph Tannery
University of Richmond Law Review
No abstract provided.
Checking In On The Chesapeake: Some Questions Of Design, Jonathan Cannon
Checking In On The Chesapeake: Some Questions Of Design, Jonathan Cannon
University of Richmond Law Review
The Chesapeake Bay Program ("the CBP" or "Program") has been widely celebrated as a model of collaborative management for large multijurisdictional watersheds and for ecosystem management more generally.' In an article published six years ago, I joined in the celebration.2 But recent events warrant consideration of whether restructuring of the program is called for. In this essay, I consider whether greater centralization of decisionmaking for the Bay would address recent criticisms of the Program and better protect the public interest. After evaluating two alternative forms for the Program involving greater centralization, I conclude that major restructuring is not in order. …
Environmental Law, Benjamin A. Thorp Iv, William K. Taggart
Environmental Law, Benjamin A. Thorp Iv, William K. Taggart
University of Richmond Law Review
No abstract provided.
Environmental Law, Lisa Spickler Goodwin
Environmental Law, Lisa Spickler Goodwin
University of Richmond Law Review
No abstract provided.
Annual Survey Of Virginia Law: Environmental Law, Kevin J. Finto, Christopher R. Graham, Brooks M. Smith, Penny A. Shamblin
Annual Survey Of Virginia Law: Environmental Law, Kevin J. Finto, Christopher R. Graham, Brooks M. Smith, Penny A. Shamblin
University of Richmond Law Review
Recent developments in environmental law in Virginia continue to reflect several trends. These trends may be grouped into six general categories: (1) the growing tension between federal environmental mandates and their practical implementation through delegated state programs; (2) the continuing debate over the exact definition of "interstate commerce" and the scope of state authority to regulate in the gray area; (3) the impending deregulation of the electrical energy market; (4) the promotion of sustainable development; (5) the developing schism between state and local land use control; and (6) the evolving nature of administrative law in the environmental context. The following …
Environmental Impact Assessment Laws In The Nineties: Can The United States And Mexico Learn From Each Other?, Heather N. Stevenson
Environmental Impact Assessment Laws In The Nineties: Can The United States And Mexico Learn From Each Other?, Heather N. Stevenson
University of Richmond Law Review
The National Environmental Policy Act of 1969 (NEPA) was the first major environmental law in the United States. The statute "was devised to establish a comprehensive national policy which would ... guid[e] federal activity and provid[e] for a coordinated, informed approach toward dealing with environmental problems." Since NEPA's enactment, agencies have been "required to prepare environmental analyses, with input from the state and local governments, Indian tribes, the public, and other federal agencies, when considering a proposal for a major federal action." Although most of the environmental impact assessment law in the world is modeled on NEPA and the impact …
From Stockholm To Kyoto And Back To The United States: International Environmental Law's Effect On Domestic Law, Joel B. Eisen
From Stockholm To Kyoto And Back To The United States: International Environmental Law's Effect On Domestic Law, Joel B. Eisen
University of Richmond Law Review
We Americans think we're so darned smart. We invented modern environmental law, developed its sophisticated "command-and-control" structure, got the public involved as never before in fighting corporate polluters, and achieved measurable successes by getting lead out of our air and bald eagles back from near extinction. We've even tried "second generation" tools such as emissions trading systems' and incentive-based regulatory flexibility approaches when we discovered our system's limitations. Not that we've got it all figured out, mind you, but we're inclined to think of ourselves as world leaders when it comes to environmental protection.
Annual Survey Of Virginia Law: Environmental Law, Kelley A. Kinney, Andrea West Wortzel
Annual Survey Of Virginia Law: Environmental Law, Kelley A. Kinney, Andrea West Wortzel
University of Richmond Law Review
This article reviews the key environmental developments at the federal and state levels during the period from June 1996 to June 1998. Legislation and judicial decisions are presented topically. Certain issues, such as public participation and environmental justice, are playing an increasing role and will likely impact all media.
Annual Survey Of Virginia Law: Environmental Law, Henry R. Pollard V.
Annual Survey Of Virginia Law: Environmental Law, Henry R. Pollard V.
University of Richmond Law Review
Federal and Virginia courts and legislatures acted on a wide variety of environmental issues and topics in the June 1995 to June 1996 period. This article reviews the key environmental developments at the federal and state level from that period involving air, water, waste, Superfund, wetlands, and environmentally related constitutional, land use, and property tort law.
Using Experience To Improve Superfund Remedy Selection, Robert H. Abrams
Using Experience To Improve Superfund Remedy Selection, Robert H. Abrams
University of Richmond Law Review
The Comprehensive Environmental Response, Cleanup, and Liability Act (CERCLA, a.k.a. "Superfund")' has earned its share of criticism, most volubly for the expense and unfairness of its cost allocation scheme, but also for its remedy selection process. In deciding how to remediate sites, CERCLA employs a lengthy formal process that, on average, takes over eight years from site awareness to the selection of a remedy. Less damningly, perhaps, only the last fifty-eight months of that time elapses after the site is scored as one serious enough to be placed on the National Priorities List as a site eligible to receive Superfund …
Facing A Time Of Counter-Revolution-- The Kepone Incident And A Review Of First Principles, Zygmunt J.B. Plater
Facing A Time Of Counter-Revolution-- The Kepone Incident And A Review Of First Principles, Zygmunt J.B. Plater
University of Richmond Law Review
The Kepone contamination episode of 1966-75 was a milestone that focused an entire nation's attention on environmental hazards and our need to do better in recognizing and avoiding them. We have learned a great deal from that unfortunate story. The evolution of American environmental law since the Kepone debacle has repeatedly used the incident as a touchstone in identifying environmental pollution's causes, effects, and potential solutions.
Changes In The Clean Water Act Since Kepone: Would They Have Made A Difference?, Wiliam Goldfarb
Changes In The Clean Water Act Since Kepone: Would They Have Made A Difference?, Wiliam Goldfarb
University of Richmond Law Review
In the anti-regulatory climate that currently pervades the American political scene, it is important to emphasize the palpable and significant accomplishments of environmental regulation. One measure of the success of environmental law during the past twenty-five years is that long-term, relatively localized environmental contamination-such as the pollution of the lower James River by Kepone between 1966 and 1975-probably can no longer occur in the United States. Major environmental statutes, enacted during the decade between 1976 and 1986, have precluded continuing environmental abuses of this scope and magnitude. The Resource Conservation and Recovery Act (RCRA), enacted in 1976, establishes a compre- …
Policy In Wake Of The Incident, Gerald Mccarthy, W. Tayloe Murphy, Gerald Winegrad, Joel B. Eisen
Policy In Wake Of The Incident, Gerald Mccarthy, W. Tayloe Murphy, Gerald Winegrad, Joel B. Eisen
University of Richmond Law Review
The goal of this panel was to examine the policies formed in the wake of the Kepone incident: the environmental laws, the regulations and policies that are designed to safeguard our natural resources to ensure that incidents such as the Kepone incident do not reoccur and if they do, to hold those responsible for environmental damage accountable for their actions.
From Kepone To Exxon Valdez Oil And Beyond: An Overview Of Natural Resource Damage Assessment, Danielle Marie Stager
From Kepone To Exxon Valdez Oil And Beyond: An Overview Of Natural Resource Damage Assessment, Danielle Marie Stager
University of Richmond Law Review
In July 1975, officials from the Virginia State Department of Health learned that employees of the Life Science Product Company ("Life Science"), in Hopewell, Virginia, had been poisoned by a toxic chemical known as Kepone. Life Science had produced Kepone under contract for Allied Chemical Corporation ("Allied Chemical"), the original developer and manufacturer. Shortly thereafter, state officials discovered that both Life Science and Allied Chemical had unlawfully discharged Kepone into freshwater tributaries of the James River. In addition to poisoning their own employees, Life Science and Allied Chemical had also contaminated Virginia's atmosphere, soil, and wa- terways with Kepone.
Indian Tribal Sovereignty And The Environment, Sarah P. Campbell
Indian Tribal Sovereignty And The Environment, Sarah P. Campbell
University of Richmond Law Review
States and Indian tribes alike have compelling reasons for demanding regulatory jurisdiction over the Indian reservations' environments. Proponents of state regulation argue that "[a] state's ability to coordinate a successful and comprehensive hazardous waste management plan depends at least in part on state control of all hazardous waste activity within its borders." In some states, the reservations are not isolated from the activities and residents of the state. In Washington state, for example, some Indian reservations have a high percentage of non-Indian residents, and others contain cities, municipalities, and heavily industrialized areas. This "checkerboard" reservation developed from the federal government's …
Annual Survey Of Virginia Law: Environmental Law, James E. Ryan Jr.
Annual Survey Of Virginia Law: Environmental Law, James E. Ryan Jr.
University of Richmond Law Review
This article addresses significant developments in Virginia law pertaining to air and water pollution, solid and hazardous waste, and environmentally sensitive areas which have occurred between the publication of last year's survey and August 1, 1990.
Environmental Liens And Title Insurance, Robert S. Bozarth
Environmental Liens And Title Insurance, Robert S. Bozarth
University of Richmond Law Review
Increased concern for the environment and environmental protection laws have affected title insurance. To understand this effect, it is necessary to examine our environmental problems, the environmental laws and the nature of title insurance. This article also looks at the title insurance industry's reaction to these environmental risks as compared to the reaction of the property/casualty insurance industry.
Environmental Liability In Real Property Transactions, Timothy G. Hayes, William J. Dinkin
Environmental Liability In Real Property Transactions, Timothy G. Hayes, William J. Dinkin
University of Richmond Law Review
In recent years, the scope of environmental liability has broadened considerably. Cleanup costs are no longer solely the concern of those directly engaged in the generation and disposal of hazardous wastes. Federal and state environmental statutes now create potential liability for parties to a variety of seemingly innocent transactions. Purchasers of contaminated property may be required to pay for hazardous waste cleanup. Corporate entities may also face environmental liability through mergers, consolidations and asset acquisitions. In addition, lenders may risk liability or impairment of collateral when contaminated property is used to secure a loan.
Liabilities Of The Innocent Current Owner Of Toxic Property Under Cercla, Diana L. Mcdavid
Liabilities Of The Innocent Current Owner Of Toxic Property Under Cercla, Diana L. Mcdavid
University of Richmond Law Review
The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ("CERCLA") was enacted to facilitate prompt cleanup of property contaminated by hazardous wastes. CERCLA seeks to accomplish its goal in part by placing the financial burden of cleanup on those parties who are responsible for the problem and who benefited from the hazardous waste activity. Because environmental cleanup is a national priority and the cost of cleaning up toxic waste sites is staggering, the scope of liability under CERCLA is broad. A clean environment is a laudable goal and compelling responsible parties to bear the cost of cleanup is fair, …
Annual Survey Of Virginia Law: Environmental Law
Annual Survey Of Virginia Law: Environmental Law
University of Richmond Law Review
In the past two years Virginia has seen significant legislative changes in its laws protecting public health and the environment. This article addresses not only those changes, but also the implementation of these laws by the responsible state agencies and the court cases construing those laws.
Waste To Energy: Environmental And Local Government Concerns, Kelly Outten
Waste To Energy: Environmental And Local Government Concerns, Kelly Outten
University of Richmond Law Review
"The problem we are confronting here is immense-literally mountains of trash and garbage." With these words, Representative William S. Moorhead accurately described a current American dilemma-what to do with the four billion tons of solid waste annually produced by Americans. Concurrent with the problem of increasing quantities of waste are the problems of decreasing availability of land fill space and an ever-rising demand for energy. The existence of these problems is leading federal, state, and local governments to take a second look at their municipal solid waste and to realize that "waste is something more than an undesirable by-product of …
Executive Privilege: Historic Scope And Use In The Watergate And Environmental Protection Agency Hearings, Jean M. D'Ovidio
Executive Privilege: Historic Scope And Use In The Watergate And Environmental Protection Agency Hearings, Jean M. D'Ovidio
University of Richmond Law Review
Executive privilege is "a concept invoked by members of the executive branch of the government to justify withholding evidence and other communicative materials from the legislative and judicial branches." Since the presidency of George Washington, the executive has attempted to withhold information from the other two branches.
Nonpoint Pollution Control In Virginia, John V. Cogbill Iii
Nonpoint Pollution Control In Virginia, John V. Cogbill Iii
University of Richmond Law Review
Congress has established a national goal of "clean water" by 1983 and the elimination of all pollutant discharge into the navigable waterways by 1985. The nation has made great strides toward controlling and eliminating point source pollutants. There has been no corresponding progress in the area of nonpoint pollution control. Such pollution from agriculture, mining, silviculture, and urban runoff is causing lakes to die prematurely and is seriously affecting Virginia's fishing industry. This comment will review the federal requirements for control of nonpoint source pollution, Virginia's role in an implementation program, and, finally, some recom- mendations to aid Virginia in …