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Bay Area's First Environmental Law Clinic To Open In January
Bay Area's First Environmental Law Clinic To Open In January
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Environmental Law In The Supreme Court: Highlights From The Marshall Papers, Robert V. Percival
Environmental Law In The Supreme Court: Highlights From The Marshall Papers, Robert V. Percival
Faculty Scholarship
Justice Marshall served on the Court from 1967 until 1991. During that period, Congress passed all of the major federal environmental statutes and environmental regulation mushroomed. As a result, the Marshall papers reveal how the Court reached decisions that have shaped modern environmental law. The author, a former law clerk to former Justice Byron White and an associate professor of law at the University of Maryland, begins by describing the history of the Court's treatment of environmental disputes. He then discusses the steps the Justices take in deciding whether to accept cases for review; in reaching decisions on the merits …
The Preemption Of State Hazardous And Solid Waste Regulations: The Dormant Commerce Clause Awakens Once More, Michael P. Healy
The Preemption Of State Hazardous And Solid Waste Regulations: The Dormant Commerce Clause Awakens Once More, Michael P. Healy
Law Faculty Scholarly Articles
Last term, for the first time since its watershed decision in Philadelphia v. New Jersey, the Supreme Court considered the extent to which the Commerce Clause of the United States Constitution constrains a state's ability to regulate the disposal of hazardous and solid waste within its borders. In two cases, Chemical Waste Management, Inc. v. Hunt and Fort Gratiot Sanitary Landfill, Inc. v. Michigan Department of Natural Resources, the Supreme Court acted to limit substantially states’ ability to respond independently to the crisis of solid and hazardous waste disposal. The Article describes the harmful impact of the Court's …
Beyond The Spotted Owl Problem: Learning From The Old-Growth Controversy, Alyson C. Flournoy
Beyond The Spotted Owl Problem: Learning From The Old-Growth Controversy, Alyson C. Flournoy
UF Law Faculty Publications
This Article is a case study of a single controversy that has been raging in the Pacific Northwest: the now infamous dispute over logging in publicly owned old-growth forests and the attendant threat to the northern spotted owl. The spotted owl, confronting extinction, sits at the center of the controversy, but the debate extends far beyond the fate of the owl, raising issues about the intrinsic value of unique and native ecosystems and the long-term consequences of logging practices on our public lands on the one hand, and about the costs of environmental protection and economic transition on the other.
The Earth As Eggshell Victim: A Global Perspective On Domestic Regulation, Alfred C. Aman
The Earth As Eggshell Victim: A Global Perspective On Domestic Regulation, Alfred C. Aman
Articles by Maurer Faculty
In the now famous case of Vosburg v. Putney, the Wisconsin Court enunciated the common law doctrine since known as the "eggshell skull" or "thin skull" rule: you take your victim as you find him. The thin skull rule is a productive starting point for a dialogue on the place of law in any effort to control (or reverse) the cumulative damage to the planet's ecosystem. Any such dialogue requires a global perspective that fuses international and domestic approaches to law. Environmental law must assess not only the level of assault against the earth, but also the risk of the …
Judicial Review And Cercla Response Actions: Interpretive Strategies In The Face Of Plain Meaning, Michael P. Healy
Judicial Review And Cercla Response Actions: Interpretive Strategies In The Face Of Plain Meaning, Michael P. Healy
Law Faculty Scholarly Articles
This Article examines the role courts play under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) in cleaning up releases of hazardous substances. Congress intended the courts to have an important role in implementing the cleanup process-particularly in defining the scope of liability for CERCLA cleanups. But Congress also included a broadly-worded provision that forecloses federal judicial review of CERCLA cleanups unless the review action falls within several narrowly-defined exceptions.
Notwithstanding the terms of the provision foreclosing review, litigants have turned to the courts, asserting that immediate review should be available in cases beyond those exceptional proceedings. Those asserting …