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Full-Text Articles in Law
Nrdc Sues Epa For A Failure To Issue Hazardous Substance Regulations: The End Of A Decades-Long Public Risk In Sight, Jack Morgan
Nrdc Sues Epa For A Failure To Issue Hazardous Substance Regulations: The End Of A Decades-Long Public Risk In Sight, Jack Morgan
Law Student Publications
Currently there are no federal regulations that prevent hazardous substance spills at onshore facilities, such as tank farms, or in communities where a spill of those chemicals could threaten water supplies. On July 21, 2015, the Natural Resources Defense Council (NRDC) filed a complaint on behalf of the Environmental Justice Health Alliance for Chemical Policy Reform (EJHA) and People Concerned About Chemical Safety (PCCS) against EPA and EPA Administrator Gina McCarthy in her official capacity as administrator, in the U.S. District Court for the Southern District of New York. The case has been assigned to Judge Shira A. Sheindlin. The …
Tackling Climate Change: Don't Forget Energy Efficency, Joel B. Eisen
Tackling Climate Change: Don't Forget Energy Efficency, Joel B. Eisen
Law Faculty Publications
Todd S. Aagaard and Joel B. Eisen write that one option available for states under the EPA's high-profile Clean Power Plan is relying on greater efficiency in energy usage and other demand-side strategies such as "demand response," which involves programs to reduce consumption at specific times of high electricity demand. However, a federal court recently cast a cloud over demand response's future.
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.
Finality In Brownfields Remediation And Reuse, Joel B. Eisen
Finality In Brownfields Remediation And Reuse, Joel B. Eisen
Law Faculty Publications
The intersection of brownfields redevelopment and these broader concerns presents a host of issues. Does redevelopment of brownfields connect to a larger vision for the city that links with "smart growth" and climate action goals? Retooling the original developer-centered vision of VCPs to promote broader goals is an ongoing challenge. Has the affected community been involved in planning for brownfields remediation, or has the developer controlled the process? The latter narrows the ability to view the project as part of a community-wide plan, and undermines its legitimacy. Finally, if brownfields redevelopment yields benefits, how can we measure success over the …
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.
Brownfields Redevelopment, Joel B. Eisen
Brownfields Redevelopment, Joel B. Eisen
Law Faculty Publications
Critiquing how brownfields programs expanded without much attention to developments in the international environmental arena will illustrate some ways to alter them to comport with Agenda 21 and other prerequisites for sustainable development. Another interesting aspect of this analysis for the Rio+ 10 review is its timing. The state and federal programs have mushroomed since 1992; for example, while a small of states had "voluntary cleanup programs" 10 years ago, virtually every state has one now, and there is considerable increasing experience with them. If adjustments to these programs should be developed to comport with the prescriptions of Agenda 21 …
A Case Study Of Sustainable Development: Brownfields, Joel B. Eisen
A Case Study Of Sustainable Development: Brownfields, Joel B. Eisen
Law Faculty Publications
Critiquing how brownfields programs expanded without much attention to developments in the international environmental arena will illustrate some ways to alter them to comport with Agenda 21 and other prerequisites for sustainable development. Another interesting aspect of this analysis for the Rio + 10 review is its timing. The state and federal programs have mushroomed since 1992; for example, while a small minority of states had "voluntary cleanup programs" 10 years ago, virtually every state has one now, and there is considerable and increasing experience with them. If adjustments to these programs should be developed to comport with the prescriptions …
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 …
Alternative Dispute Resolution At The Environmental Protection Agency, Joel B. Eisen
Alternative Dispute Resolution At The Environmental Protection Agency, Joel B. Eisen
Law Faculty Publications
This chapter examines how the U.S. Environmental Protection Agency (EPA) uses alternative dispute resolution (ADR) methods to help resolve complex environmental disputes. In recent years, the EPA's use of ADR has increased dramatically in a wide variety of settings. The EPA has made ADR a central feature of its environmental enforcement strategy, encouraged its use in Title VI and environmental justice conflict settings, and turned to negotiated rulemaking as an alternative to the cumbersome notice-and-comment process for the development of new federal regulations. Other EPA programs, such as the Brownfields Economic Redevelopment Initiative, promote nonadversarial methods for tackling complex environmental …
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 …
Brownfields Policies For Sustainable Cities, Joel B. Eisen
Brownfields Policies For Sustainable Cities, Joel B. Eisen
Law Faculty Publications
My analysis begins in Part I with a short summary of brownfields law and policy, and a description of our current understanding of "sustainable development." There is no hard and fast definition of the term, but it is increasingly more clear that a body of sustainable development "law" will take shape as the product of a host of decisions made now and in the near future. The optimal way to ensure that brownfields programs mesh with this body of law-whatever it turns out to be-is to incorporate basic norms of sustainable development about which there is widespread agreement. Those agreed-upon …
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.
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, 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.
"Brownfields Of Dreams?": Challenges And Limits Of Voluntary Cleanup Programs And Incentives, Joel B. Eisen
"Brownfields Of Dreams?": Challenges And Limits Of Voluntary Cleanup Programs And Incentives, Joel B. Eisen
Law Faculty Publications
As one of the most important current topics in environmental law, the redevelopment of abandoned or underutilized urban properties, better known as brownfields, continues to generate much discussion and debate. Because most agree that abandoned sites located in aging areas and the accompanying exodus of industry to the suburbs are undesirable, the federal government and many state governments have created programs to encourage the redevelopment of these industrial properties. But often overlooked by the advocates of such programs are the difficult political, scientific, and moral questions associated with redevelopment. In this insightful article, Professor Eisen provides the most comprehensive discussion …
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.
Toward A Sustainable Urbanism: Lessons From Federal Regulation Of Urban Stormwater Runoff, Joel B. Eisen
Toward A Sustainable Urbanism: Lessons From Federal Regulation Of Urban Stormwater Runoff, Joel B. Eisen
Law Faculty Publications
This Article focuses on the particularly vexing challenge of forging a sustainable urbanism in Edge Cities and analyzes regulatory attempts to control urban stormwater runoff. If our task is to "describe the natural world and to evaluate our actions toward it in ways that presuppose ... [a] community between nature and mankind," we must also characterize and address this source of considerable pollution, which originates from thousands of dispersed locations. Unfortunately, environmental protection efforts have only begun to address the pollution of urban stormwater runoffs. Parts II and III of this Article detail these largely unsuccessful attempts and conclude that …
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.
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 …
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- …
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.