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15th Annual Environmental Law Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, W. Blaine Early Iii, Timothy J. Hagerty, E. Allen Kyle, Lee Colten, Tom C. Van Arsdall, John R. Leathers, Clinton J. Elliott, Thomas J. Fitzgerald, Jeffrey M. Sanders, Richard H. Underwood, Bradley E. Diillon, Henry L. Stephens, Lauren Anderson, David A. Smart

Continuing Legal Education Materials

Materials from the 15th Annual Environmental Law Institute held by UK/CLE in March 1999.

Population. Environment. And Development: The Changing Paradigm Of The 1990s, Sharmini Abbasi

LLM Theses and Essays

Among the vast web of challenges before us in the wake of the new millennium population growth is one of the most worrying aspects of human existence. The consequences of the world's rapid population growth on human well-being and on the environment have been the subject of intense controversy for many years and got even more accentuated as the 1990s progress. However, the framework of international environmental law and agreement has for long failed to consider adequately the clear linkages between rapid population growth and environmental degradation. Thus, the study attempts to discuss and analyze competing for international perspectives, theories, …

What Is Past Is Prologue: Senator Edmund S. Muskie's Environmental Policymaking Roots As Governor Of Maine, 1955-58, Robert F. Blomquist

Law Faculty Publications

No abstract provided.

Analysing The Extraterritorial Application Of The National Environmental Policy Act, Browne C. Lewis

Law Faculty Articles and Essays

The purpose of this paper is to examine the issue of whether, in light of Congress' actions and the judicial precedents, NEPA should be applied extraterritorially. Section One discusses the extraterritorial application of United States laws in general, the bases supporting the extraterritorial application, and the tests courts have relied upon to determine the appropriateness of extraterritorial application. The section also explores the presumption against extraterritoriality and the logic behind it.

In the second section, the paper addresses the extraterritorial application of NEPA. That sections includes an analysis of the congressional, executive and judicial treatment of the issue. The third …

Deed Restrictions And Other Institutional Controls As Tools To Encourage Brownfields Redevelopment, Heidi Gorovitz Robertson, Robert A. Simons

Law Faculty Articles and Essays

This article concerns the use of deed restrictions and other institutional controls as tools to encourage brownfields redevelopment.

One Piece Of The Puzzle: Why State Brownfields Programs Can't Lure Businesses To The Urban Cores Without Finding The Missing Pieces, Heidi Gorovitz Robertson

Law Faculty Articles and Essays

U.S. EPA, state legislatures, and state administrative agencies have invested considerable time and money resources to encouraging urban renewal through the redevelopment of contaminated urban properties, called brownfields. These efforts attempt to induce businesses to clean and redevelop brownfields by reducing the numerous environmental barriers to redevelopment, such as the enormous cost of clean-up and threat of immeasurable liability. In this Article, I argue that environmental barriers to redevelopment, although important, are but one piece of a complicated urban redevelopment puzzle. The other pieces, largely missing from existing efforts to encourage redevelopment of brownfields are non-environmental factors, such as size …

"The Environmental Impacts Of International Finance Corporation Lending And Proposals For Reform: A Case Study Of Conservation And Oil Development In The Guatemalan Petén", Ian A. Bowles, Amy B. Rosenfeld, Cyril F. Kormos, Conrad C.S. Reining, James D. Nations, Thomas T. Ankersen

UF Law Faculty Publications

This Article presents a case study of lending by the International Finance Corporation (IFC), the private-sector lending arm of the World Bank Group, in the oil and gas sector in Guatemala. The case study emphasizes the need for additional environmental reform at IFC. With two separate loans in 1994 and 1996, IFC supported the activities of a small international oil company that was operating within a national park in the northern Guatemalan Petdn, an area of rich tropical forests and globally important wetlands. The company's operations had been "grandfathered"in to the park upon its creation in 1990. Funding from IFC …

Book Review Of Policy Making In An Era Of Global Environmental Change (R. E. Munn, J. W. M. La Riviere & N. Van Lookeren Campagne Eds., 1996), Michael P. Healy

Law Faculty Scholarly Articles

In this book review, Michael P. Healy examines Policy Making in an Era of Global Environmental Change (R. E. Munn, J. W. M. la Riviere & N. van Lookeren Campagne eds., 1996).

Sustainable Development: A Five-Dimensional Algorithm For Environmental Law, J.B. Ruhl

Vanderbilt Law School Faculty Publications

This article describes sustainable development as involving five dimensions: environment, economy, equity, time, and space (or scale). I suggest that the complexity inherent in balancing these five dimensions demand algorithmic approaches like those being explored in complex adaptive systems theory.

Shortage And Tension On The Upper Rio Grande: Protecting Endangered Species During Times Of Drought, Comments From The Perspective Of The Middle Rio Grande Conservancy District, Maria O'Brien

Faculty Scholarship

Looking back at the drought of 1996 and at the efforts to protect endangered species in the midst of the drought, the most glaring fact remains that the water managers and users of the Rio Grande were in crisis management. In fact, despite some efforts, if the drought had manifested with equal or greater intensity in 1997, we would have remained in crisis management. Hence, as we move forward and examine lessons learned, the most vital premise we must return to is the imperative for balance as we undertake the precarious task of allocating water to protect endangered species, serve …

Are Risk Regulators Rational? Evidence From Hazardous Waste Cleanup Decisions, W. Kip Viscusi, James Hamilton

Vanderbilt Law School Faculty Publications

Using original data on the cleanup of 130 hazardous waste sites, we examine the degree Superfund decisions are driven by efficiency concerns, biases in risk perceptions, and political factors. Target risk levels chosen by regulators are largely a function of political variables and risk perception biases. Regulators exhibit biases consistent with anchoring and the availability heuristic, and do not distinguish between current risks to actual residents and potential risks to hypothetically exposed populations. Quantile regressions indicate that political factors affect decisions on the cost per case of cancer averted, especially for the most inefficient cleanup efforts.

Possible Solutions: Policy Tools To Achieve Flexibility To Meet New Conditions, Preliminary Thoughts For Coping With Future Droughts, Maria O'Brien

Faculty Scholarship

The following comments are premised on the author's experience with the Middle Rio Grande Conservancy District (Conservancy) in New Mexico and its endeavor to implement a water banking system. Background information about the Conservancy is helpful for an understanding of its efforts at water banking.

The Co-Evolution Of Sustainable Development And Environmental Justice: Cooperation, Then Competition, Then Conflict, J.B. Ruhl

Vanderbilt Law School Faculty Publications

This article explores sustainable development and environmental justice as potentially conflicting policy goals. Sustainable development includes equity as one of its five dimensions (in addition to environment, economy, time, and space), whereas environmental justice focuses principally on equity. Over time there is likely to be an increasing number of contexts in which sustainability-based policy solutions do not satisfy environmental justice advocates.