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Full-Text Articles in Law
Citizen Suits Under The Resource Conservation And Recovery Act: Plotting Abstention On A Map Of Federalism, Charlotte Gibson
Citizen Suits Under The Resource Conservation And Recovery Act: Plotting Abstention On A Map Of Federalism, Charlotte Gibson
Michigan Law Review
In the shadow of the Supreme Court's constitutional federalism doctrines, lower federal courts have developed doctrines of common law federalism through vehicles such as abstention. In the environmental law arena, courts have employed a number of abstention theories to dismiss citizen suits brought under federal statutes. The appearance of primary jurisdiction and Burford abstention in citizen suits brought under the Resource Conservation and Recovery Act ("RCRA") exemplifies this trend. In rejecting RCRA suits, some courts have relied on primary jurisdiction, a doctrine conceived as a mechanism to allocate responsibility for limited fact-finding between courts and agencies, to dismiss RCRA citizen …
State Permitting: United States V. Smithfield Foods, Inc. And Federal Overfiling Under The Clean Water Act, Stephen C. Robertson
State Permitting: United States V. Smithfield Foods, Inc. And Federal Overfiling Under The Clean Water Act, Stephen C. Robertson
William & Mary Environmental Law and Policy Review
No abstract provided.
Smithfield Foods: A Case For Federal Action, Lee R. Okster
Smithfield Foods: A Case For Federal Action, Lee R. Okster
William & Mary Environmental Law and Policy Review
No abstract provided.
Virginia As A Case Study: Epa Should Be Willing To Withdraw Npdes Permitting Authority From Deficient States, Erik R. Lehtinen
Virginia As A Case Study: Epa Should Be Willing To Withdraw Npdes Permitting Authority From Deficient States, Erik R. Lehtinen
William & Mary Environmental Law and Policy Review
No abstract provided.
Splitting The Atom Or Splitting Hairs - The Hate Crimes Prevention Act Of 1999 Note., Andrew M. Gilbert, Eric D. Marchand
Splitting The Atom Or Splitting Hairs - The Hate Crimes Prevention Act Of 1999 Note., Andrew M. Gilbert, Eric D. Marchand
St. Mary's Law Journal
Problems of bias-motivated violence plague our nation and threaten to erase the progress made during the civil rights era. Recent statistical surveys conducted by the Federal Bureau of Investigation (FBI) indicate the number of hate crimes has generally increased over the past few years. In 1996, over 11,000 individuals were victims of hate crimes—five percent more than reported the previous year. Hate crimes are not only injurious to the individual victim, but also fracture surrounding communities and create disharmony among citizens. As a result, some states implemented legislation in the 1980s to deter hate-motived crimes and a few states have …