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Articles 5011 - 5040 of 6147
Full-Text Articles in Law
The Law Of Sustainable Development, Nicholas A. Robinson
The Law Of Sustainable Development, Nicholas A. Robinson
Elisabeth Haub School of Law Faculty Publications
I am going to talk briefly, as dictated by the format of this seminar, about the law of sustainable development and how it has been developing. Sustainable development is, today, the guiding theme for both public and private measures to improve social conditions and strengthen economic conditions around the world. It did not become a guiding theme overnight. The recognition that sustainable development is fundamental has been growing gradually. The concept recognizes that the sort of development that was popular in the 1960s and 1970s in the United States of America and elsewhere was, by itself, an inadequate base on …
Text, Purpose And Facts: The Relationship Between Cercla Sections 107 And 113, William D. Araiza
Text, Purpose And Facts: The Relationship Between Cercla Sections 107 And 113, William D. Araiza
Faculty Scholarship
No abstract provided.
The Effectiveness And Fairness Of Superfund's Judicial Review Preclusion Provision, Michael P. Healy
The Effectiveness And Fairness Of Superfund's Judicial Review Preclusion Provision, Michael P. Healy
Law Faculty Scholarly Articles
This article examines the effectiveness and fairness of section 113(h) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund). That broadly-worded provision forecloses judicial review of Superfund cleanups prior to enforcement or cleanup completion by requiring that any review action fall within several narrowly-defined exceptions.
After providing an overview of the statute, its enforcement mechanisms, and a context for considering section 113(h), the article summarizes how courts have applied CERCLA's timing of review provision, focusing principally on recent interpretations of the provision. Finally, the article evaluates the effectiveness and fairness of CERCLA review preclusion and concludes by …
Liberal Construction Of Cercla Under The Remedial Purpose Canon: Have The Lower Courts Taken A Good Thing Too Far?, Blake Watson
Liberal Construction Of Cercla Under The Remedial Purpose Canon: Have The Lower Courts Taken A Good Thing Too Far?, Blake Watson
School of Law Faculty Publications
This article examines the use of the remedial purpose canon of statutory construction in connection with the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), otherwise known as the Superfund Act. The article also assesses scholarly criticisms of the remedial purpose canon.
Regulating The Regulators, W. Kip Viscusi
Regulating The Regulators, W. Kip Viscusi
Vanderbilt Law School Faculty Publications
Since the 1970s, there has been a tremendous growth in government regulation pertaining to risk and the environment. These efforts have emerged quite legitimately because market processes alone cannot fully address risk-related concerns.' Without some kind of regulation or liability, for example, firms lack appropriate incentives to restrict their pollution. Similarly, when products or activities are extremely risky, if people are not cognizant of the risks they face, the firms generating the hazards may not have adequate incentives to issue warnings. To solve these problems, regulatory agencies have mounted a wide variety of efforts to improve the quality of the …
Changing The River’S Course: Western Water Policy Reform, David H. Getches
Changing The River’S Course: Western Water Policy Reform, David H. Getches
Publications
Throughout the history of the West, water law and policy have had a profound influence on the environment of the region. Power production, agricultural irrigation, and economic expansion of the Columbia River Basin have depended upon the institutions of water policy, including the prior appropriation doctrine and major water development in the form of large dams and diversions. This has rendered the river incapable of sustaining the rich salmon populations that once were the mainstay of Northwest Indian culture and supported a major fishing industry. Professor Getches concludes that traditional instruments of water policy in the West--the beneficial use requirement …
Book Review Of Toxic Debts And The Superfund Dilemma, Ronald H. Rosenberg
Book Review Of Toxic Debts And The Superfund Dilemma, Ronald H. Rosenberg
Faculty Publications
No abstract provided.
Country/Region Reports -- United States Of America, Linda A. Malone
Country/Region Reports -- United States Of America, Linda A. Malone
Faculty Publications
No abstract provided.
Judicial Review Of Cercla Cleanup Procedures: Striking A Balance To Prevent Irreparable Harm, Lucia A. Silecchia
Judicial Review Of Cercla Cleanup Procedures: Striking A Balance To Prevent Irreparable Harm, Lucia A. Silecchia
Scholarly Articles
When Congress passed the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) in 1980 in response to the problems of toxic waste and hazardous substances, the central goals of the Act were clear. CERCLA was intended to provide an effective mechanism for cleaning up such dangers as quickly as possible, with as little expense as feasible, and with as much of that expense as possible borne by the responsible parties, rather than by the taxpayers. Accordingly, CERCLA included provisions for establishing liability for the costs of cleaning up hazardous waste sites. Congress also created the Superfund to pay for those …
Comparative Risk Assessment In New York, Michael B. Gerrard, Deborah Goldberg
Comparative Risk Assessment In New York, Michael B. Gerrard, Deborah Goldberg
Faculty Scholarship
Comparative risk assessment (CRA) is the examination of the relative risks posed by different dangers, with a view to deciding which dangers deserve the most governmental attention. CRA frequently tries to reduce different problems to a common metric, usually the statistical lives saved by a program, so that apples can be weighed against oranges. This article will discuss and assess the growing use of CRA in New York State.
There are two principal arguments for the use of CRA in the environmental context. The first is that we do not have unlimited resources; we cannot move against all problems simultaneously. …
Applying The Park City Principles To The Endangered Species Act, Mark Squillace
Applying The Park City Principles To The Endangered Species Act, Mark Squillace
Publications
No abstract provided.
The Missing Chinese Environmental Law Statutory Interpretation Cases, John C. Nagle
The Missing Chinese Environmental Law Statutory Interpretation Cases, John C. Nagle
Journal Articles
Environmental law and theories of statutory interpretation have developed side by side in the United States during the past twenty-five years. Many of the leading environmental law cases are also statutory interpretation cases. China is different. China has enacted many environmental statutes, often patterned after foreign laws such as those in the United States, but there are no Chinese environmental law statutory interpretation cases.
This article examines why there are no such cases, and what we may learn from that fact. I am indebted to the work of Professor Stewart, whose engaging article in this symposium issue combines three of …
Landlord's Handbook: Guide To Promoting Lead Safe Housing
Landlord's Handbook: Guide To Promoting Lead Safe Housing
Environmental Law and Justice Clinic
This Handbook is intended as advisory and informational guidance only. It is designed to assist property owners understand their legal obligations regarding lead in housing and how to reduce lead hazards on their property. The information contained herein is not intended as legal advice per se because the law can be interpreted differently depending upon the particular facts of each case. While every precaution has been taken in preparation of this Handbook, the authors and publisher assume no responsibility for errors or omissions. Nor is any liability assumed for damages resulting from the use of information contained herein.
Application Of International Water Law To Transboundary Groundwater Resources, And The Slovak-Hungarian Dispute Over Gabcikovo-Nagymaros, Gabriel Eckstein
Application Of International Water Law To Transboundary Groundwater Resources, And The Slovak-Hungarian Dispute Over Gabcikovo-Nagymaros, Gabriel Eckstein
Faculty Scholarship
The growth in global population and economic development has resulted in tremendous pressures on existing sources of fresh water. Human water use over the past three centuries increased by a factor of thirty-five and is growing by four to eight percent annually. Coupled with recurring international disputes over water resources, poor water management, and the realization that water is an indispensable but finite resource, these trends have propelled the use and management of transboundary groundwater resources to the forefront of legal debate.
Until recently, matters relating to groundwater resources were relatively ignored in the context of international law applicable to …
A Sweet Home No More?: The Future For Habitat Protection Under The Endangered Species Act, Federico Cheever, Murray D. Feldman, University Of Colorado Boulder. Natural Resources Law Center
A Sweet Home No More?: The Future For Habitat Protection Under The Endangered Species Act, Federico Cheever, Murray D. Feldman, University Of Colorado Boulder. Natural Resources Law Center
A Sweet Home No More?: The Future for Habitat Protection Under the Endangered Species Act (November 29)
20 pages.
Includes bibliographical references and biographical information for Federico Cheever and Murray D. Feldman.
Contents:
Babbitt v. Sweet Home Chapter of Communities for a Greater Oregon / Federico Cheever -- The Sweet Home decision and private property issues / Murray D. Feldman -- Memorandum of Agreement between the State of Colorado and the Department of the Interior concerning programs to manage Colorado's declining native species
The U.S. Supreme Court decision in Babbitt v. Sweet Home Chapter of Communities for a Great Oregon,115 S.Ct. 2407 (1995), held that the Department of the Interior reasonably construed Congress' intent when it included …
Environmental Regulation Of Oil And Gas Development On Tribal Lands: Who Has The Authority?, Richard B. Collins, Tom Shipps, Marla Williams, University Of Colorado Boulder. Natural Resources Law Center
Environmental Regulation Of Oil And Gas Development On Tribal Lands: Who Has The Authority?, Richard B. Collins, Tom Shipps, Marla Williams, University Of Colorado Boulder. Natural Resources Law Center
Environmental Regulation of Oil and Gas Development on Tribal Lands: Who Has the Authority? (November 1)
14 pages.
Collection of 3 papers presented at the Hot Topics in Natural Resources Law program held on Nov. 1, 1995.
Includes bibliographical references.
Contents:
Environmental regulation of oil and gas development on tribal lands : who has authority? / Richard Collins -- Environmental regulation of energy resource development on Indian reservation land / Tom Shipps -- Colorado Oil and Gas [Conservation] Commission jurisdiction over environmental matters on Indian lands / Marla Williams
Jurisdiction to regulate the environmental impacts of oil and gas development on the reservation has been contested by tribes, the state, private land owners and federal agencies. …
The Natural Resource Law Center Conference On “Challenging Federal Ownership And Management Public Lands And Public Benefits”, Frank H. Murkowski
The Natural Resource Law Center Conference On “Challenging Federal Ownership And Management Public Lands And Public Benefits”, Frank H. Murkowski
Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13)
8 pages.
Federal Lands And Watershed Based Management Approaches, Teresa Rice
Federal Lands And Watershed Based Management Approaches, Teresa Rice
Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13)
12 pages.
Contains 1 footnote and 1 page of references.
Agenda: Challenging Federal Ownership And Management: Public Lands And Public Benefits, University Of Colorado Boulder. Natural Resources Law Center
Agenda: Challenging Federal Ownership And Management: Public Lands And Public Benefits, University Of Colorado Boulder. Natural Resources Law Center
Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13)
Conference organizers, speakers and/or moderators included University of Colorado School of Law professors David H. Getches, Michael A. Gheleta, Teresa Rice, Elizabeth Ann (Betsy) Rieke and Charles F. Wilkinson.
In the face of numerous proposals for privatizing, marketing, and changing the management of public lands, the Natural Resources Law Center will hold its third annual fall public lands conference October 11-13, at the CU School of Law in Boulder.
A panel of public land users and neighbors, including timber, grazing, mining, recreation, and environmental interests, will address current discontent with public land policy and management. There will also be discussion …
Public Land Policy Is Ripe For Change, James L. Huffman
Public Land Policy Is Ripe For Change, James L. Huffman
Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13)
18 pages.
Faculty Addendum, Gregg Renkes
Faculty Addendum, Gregg Renkes
Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13)
1 page.
Fighting Mad, Tegan M. Mclane
Fighting Mad, Tegan M. Mclane
Environmental Law and Justice Clinic
No abstract provided.
Resource Law Notes Newsletter, No. 35, Fall Issue, Sept. 1995, University Of Colorado Boulder. Natural Resources Law Center
Resource Law Notes Newsletter, No. 35, Fall Issue, Sept. 1995, University Of Colorado Boulder. Natural Resources Law Center
Resource Law Notes: The Newsletter of the Natural Resources Law Center (1984-2002)
No abstract provided.
Customary (And Not So Customary) International Environmental Law, Daniel M. Bodansky
Customary (And Not So Customary) International Environmental Law, Daniel M. Bodansky
Scholarly Works
In this article, Professor Bodansky examines the creation and importance of customary international law. He suggests that the debate over the legal status of any given norm may be misplaced. Instead, he suggests that international lawmakers should spend their time and energy incorporating norms, regardless of their true status, into "concrete treaties and actions." The author begins his discussion by providing a working definition of customary international law. He asserts that such law can be based not just on uniformities of state behavior, as is traditionally held, but also on regularities in behavior. Thus, customary international law can be formed …
Section 10: Property Rights And Environmental Laws, Institute Of Bill Of Rights Law, William & Mary Law School
Section 10: Property Rights And Environmental Laws, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Be Fruitful, And Multiply, And Replenish The Earth, And Subdue It: Third World Population Growth And The Environment, Omar Saleem
Be Fruitful, And Multiply, And Replenish The Earth, And Subdue It: Third World Population Growth And The Environment, Omar Saleem
Journal Publications
No abstract provided.
Environmental Law At Maryland, No. 3, Summer 1995
Environmental Law At Maryland, No. 3, Summer 1995
Environmental Law at Maryland
No abstract provided.
Reinventing Enforcement: A Guide To Dec Compliance Options, David L. Markell
Reinventing Enforcement: A Guide To Dec Compliance Options, David L. Markell
Scholarly Publications
No abstract provided.
Regulatory Reform At The State Department Of Conservation, David L. Markell
Regulatory Reform At The State Department Of Conservation, David L. Markell
Scholarly Publications
No abstract provided.
House Passess Unbalanced Clean Water Act, Denise D. Fort
House Passess Unbalanced Clean Water Act, Denise D. Fort
Faculty Scholarship
The Clean Water Act and the associated state statutes and regulations provide the framework for New Mexico's regulation (and nonregulation) of our rivers and streams. Both the federal and state laws need improvement if they are to work in New Mexico. As readers of The Green Fire Report well know, the "improvements" contemplated by the new Congress are unlikely to improve our water. H.R. 961, the House bill recently passed by the House, is simply unacceptable. President Clinton has indicated that he will veto the bill as passed by the House. Your efforts are needed to contact your federal legislators …