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Articles 1 - 7 of 7
Full-Text Articles in Law
Treatment As Tribe, Treatment As State: The Penobscot Indians And The Clean Water Act, William H. Rodgers, Jr.
Treatment As Tribe, Treatment As State: The Penobscot Indians And The Clean Water Act, William H. Rodgers, Jr.
Articles
No abstract provided.
The Property Clause: As If Biodiversity Mattered, Dale Goble
The Property Clause: As If Biodiversity Mattered, Dale Goble
Articles
No abstract provided.
Three Cases/Four Tales: Commons, Capture, The Public Trust, And Property In Land, Dale Goble
Three Cases/Four Tales: Commons, Capture, The Public Trust, And Property In Land, Dale Goble
Articles
No abstract provided.
Terrorism, Security, And Environmental Protection, Stephen M. Johnson
Terrorism, Security, And Environmental Protection, Stephen M. Johnson
Articles
Part I of this Article examines the post-September 11 trend of reduced access to environmental, health, and safety information. Part II introduces the tools that governments might use to protect the environment while protecting homeland security, including planning and information disclosure, command and control measures, and pollution prevention measures. Part II also criticizes the reliance on command and control measures as the primary means of addressing the security issues created by businesses that engage in activities that could harm the environment, health, or safety. Part III explores the advantages of planning and information disclosure programs over command and control programs …
Exacted Conservation Easements: The Hard Case Of Endangered Species Protection, Jessica Owley Lippmann
Exacted Conservation Easements: The Hard Case Of Endangered Species Protection, Jessica Owley Lippmann
Articles
No abstract provided.
Tribal Sovereignty Over Water Quality, Jessica Owley
Improving Laws, Declining World: The Tort Of Contamination, William H. Rodgers, Jr.
Improving Laws, Declining World: The Tort Of Contamination, William H. Rodgers, Jr.
Articles
This article considers nature's "baseline" through the lens of modern environmental laws. We measure this "baseline" like never before and are proud of our databases on fish advisories, beach closures, and impaired water bodies, to mention a few. The ubiquitous legal response to these measures of environmental decline is the public warning "Don't Eat the Fish" and "Don't Drink the Water."
This article assesses the function, utility, and purpose of these public warnings and finds them wanting. Their principal value is that they serve as measures of lost natural capital and harbingers of shifting baselines.
Our descriptive journey leaves us …