Law Commons^™

Liberal Environmental Jurisprudence, David A. Westbrook

Journal Articles

No abstract provided.

Using Trade To Enforce International Environmental Law: Implications For United States Law, Mary Ellen O'Connell

Journal Articles

The United States has enviable domestic environmental protection laws. However, good domestic environmental protection raises two concerns: effectiveness and competitiveness. In response to these two problems of environmental protection—effectiveness and competitiveness—members of Congress introduced over thirty bills in 1990 to amend U.S. trade laws. The bills were designed to either press other states to adopt environmental protection standards similar to the United States own or to at least minimize the competitive disadvantage for U.S. business inherent in U.S. regulations. The bills took one of two approaches: either they aimed at restricting access to U.S. markets for those states failing to …

Cercla, Causation, And Responsibility, John C. Nagle

Journal Articles

The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ("CERCLA") and causation have enjoyed an uneasy coexistence. The tension between them results from the circumstances in which CERCLA became law. The Congress that enacted CERCLA considered two alternative liability schemes, both of which required that "polluters pay" for the cleanup of hazardous wastes. The House proposed imposing liability on those who "caused or contributed" to hazardous waste problems, while the Senate looked to specifically designated "responsible parties." The Senate prevailed. The consequences of that choice for the traditional tort concept of causation, like many other questions left unanswered in …

Note, Lead Poisoning In Children: A Proposed Legislative Solution To Municipal Liability For Furnishing Lead-Contaminated Water, Anthony J. Bellia

Journal Articles

Lead poisoning has become one of the most widespread and serious environmental diseases facing children in the United States. In response to the problem of childhood lead exposure, the Environmental Protection Agency (EPA) has promulgated expansive regulations to reduce drinking water lead levels. However, the regulations are not without significant gaps and shortfalls. Many improvements that the EPA requires need not be in place for years, and some households at risk of unsafe lead exposure receive no regulatory protection at all. One question that arises amidst these regulatory gaps is whether a plaintiff can hold a public water system liable …

Environmental Policy In The European Community: Observations On The European Environment Agency, David A. Westbrook

Journal Articles

No abstract provided.

Privatizing Regulatory Enforcement: A Preliminary Assessment Of Citizen Suits Under Federal Environmental Laws, Barry Boyer, Errol Meidinger

Journal Articles

This article provides a preliminary assessment of the potential effects of the privatization of regulatory enforcement and speculates on what such a realignment might portend for the regulatory process. Based primarily on an indepth review of the first wave of citizen suits brought under the federal Clean Water and Clean Air Acts, it identifies four key problems that can undermine the citizen suit as a device for regulatory enforcement: (1) Citizen suits must surmount a series of doctrinal barriers that could make it difficult or impossible to mount an effective private enforcement campaign. Courts have generally been able to control …

A Brief Inquiry Into The Imperatives Of The Coastal Zone And The Processes Of Institutional Change . . . ., Robert I. Reis

Journal Articles

No abstract provided.

Environmental Activism: Thermal Pollution—Aec And State Jurisdictional Considerations, Robert I. Reis

Journal Articles

No abstract provided.

Citizen Suits In The Environmental Field: Peril Or Promise?, Barry B. Boyer, Roger C. Cramton

Journal Articles

No abstract provided.

Legal Planning For Ground Water Production, Robert I. Reis

Journal Articles

No abstract provided.

Surface Water In Indiana, Thomas L. Shaffer

Journal Articles

Given the possibility that Indiana may be critically short of water before this century ends, the inquiring purpose of this paper is whether the courts of that state are looking less at the future need for water than at the past abundance of it.

Surface water in Indiana has always been regarded as a nuisance, even in the unusually dry growing season of 1963. "A river," Justice Holmes once said, "is more than an amenity. It offers a necessity of life that must be rationed among those who have power over it." In a state that faces a dearth of …