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Environmental Law

2004

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Articles 1 - 30 of 363

Full-Text Articles in Law

Prosecuting Members Of The U.S. Military For Wartime Environmental Crimes, Eric Talbot Jensen, James J. Teixeira Jr. Dec 2004

Prosecuting Members Of The U.S. Military For Wartime Environmental Crimes, Eric Talbot Jensen, James J. Teixeira Jr.

Faculty Scholarship

War is inherently damaging to the environment. Though these deleterious actions are often attributed to "states" during times of armed conflict, they are normally the result of military operations conducted by members of the military who are carrying out orders from military superiors. While many have proposed systemic changes that affect how states can or should be held responsible, few have commented on the process of holding individual military personnel or commanders responsible for battlefield acts of environmental damage. This paper argues that there are sufficient laws and regulations in place to hold individuals and commanders in the United States …


Legislation And Implementation Of International Environmental Law By African Countries: A Case Study Of Ghana, Brigitte L. Okley Dec 2004

Legislation And Implementation Of International Environmental Law By African Countries: A Case Study Of Ghana, Brigitte L. Okley

LLM Theses and Essays

The purpose of my thesis is to bring to the light the efforts of African countries, in this case Ghana, in implementing their environmental commitments under international law and some of the problems they face in this regard. African countries played a tremendous role in the emergence of international environmental law, after which environmental institutions and legislations have been set up for the conservation and management of natural resources. The thesis will discuss environmental issues particularly in Ghana, its obligation under various multilateral environmental conventions. The thesis will also focus on some of Ghana’s policies on the environment and its …


Indivisible Injury Negligence And Nuisance Cases –Proving Causation Among Multiple-Source Polluters: A State-By-State Survey Of The Law For New England, And A Proposal For A New Causation Framework, Paul Homer Dec 2004

Indivisible Injury Negligence And Nuisance Cases –Proving Causation Among Multiple-Source Polluters: A State-By-State Survey Of The Law For New England, And A Proposal For A New Causation Framework, Paul Homer

The University of New Hampshire Law Review

[Excerpt] "The skies, soil, and water of every state are polluted every day. Whether the pollutants enter the atmos phere from coal plants or the water-ways from large farms, materials a bnormal to the “natural” environment are regularly emitted by a variety of sources over wide regions of the nation. To some extent, such emissions are normal and acceptable activities in modern society."


Agenda: Introduction To The Legal Foundation Of Federal Land Management, University Of Colorado Boulder. Natural Resources Law Center Dec 2004

Agenda: Introduction To The Legal Foundation Of Federal Land Management, University Of Colorado Boulder. Natural Resources Law Center

Introduction to the Legal Foundation of Federal Land Management (December 1-3)

Materials prepared for the course held at the National Center for Atmospheric Research in Boulder, Colorado on December 1-3, 2004

Course instructors: Charles Wilkinson; Sarah Krakoff; Kathryn Mutz; Ann Morgan; Maggie Fox

Contents:

Introduction -- Agenda -- Summaries of laws -- Case studies. Travel management; Oil and gas development; Timber/fuels reduction -- How to influence agency decision makers -- Natural resource related legal and policy resources for the non-legal professional


Introduction To The Legal Foundation Of Federal Land Management, University Of Colorado Boulder. Natural Resources Law Center Dec 2004

Introduction To The Legal Foundation Of Federal Land Management, University Of Colorado Boulder. Natural Resources Law Center

Introduction to the Legal Foundation of Federal Land Management (December 1-3)

1 v. (various pagings) : ill., maps ; 28 cm

Materials prepared for the course held at the National Center for Atmospheric Research in Boulder, Colorado on December 1-3, 2004

Course instructors: Charles Wilkinson; Sarah Krakoff; Kathryn Mutz; Ann Morgan; Maggie Fox

Contents:

Introduction -- Agenda -- Summaries of laws -- Case studies. Travel management; Oil and gas development; Timber/fuels reduction -- How to influence agency decision makers -- Natural resource related legal and policy resources for the non-legal professional


A Culturally Correct Proposal To Privatize The British Columbia Salmon Fishery, D. Bruce Johnsen Nov 2004

A Culturally Correct Proposal To Privatize The British Columbia Salmon Fishery, D. Bruce Johnsen

George Mason University School of Law Working Papers Series

Canada now faces two looming policy crises that have come to a head in British Columbia. The first is long-term depletion of the Pacific salmon fishery by mobile commercial ocean fishermen racing to intercept salmon under the rule of capture. The second results from Canadian Supreme Court case law recognizing and affirming “the existing aboriginal and treaty rights of the aboriginal peoples of Canada” under Section 35(1) of the Constitution Act, 1982. This essay shows that the economics of property rights provides a joint solution to these crises that would promote the Canadian commonwealth by way of a privatization auction …


Marine Ecosystem Management & (And) A Post-Sovereign Transboundary Governance, Bradley Karkkainen Nov 2004

Marine Ecosystem Management & (And) A Post-Sovereign Transboundary Governance, Bradley Karkkainen

San Diego International Law Journal

This paper argues that for purposes of managing transboundary environment problems in general, and marine ecosystems in particular, the role of international law as traditionally understood is somewhat overrated. Binding international legal obligations owed by states to other states often turn out to be a good deal less important in environmental problem solving than is commonly supposed by many international lawyers, legal scholars, and environmental NGOs (non-governmental organizations). Specifically, this paper argues that emphasis on binding multilateral environmental agreements among sovereign states is often misplaced and possibly even counterproductive, insofar as it threatens to divert attention from more promising strategies …


Regionalism, Fisheries, And Environmental Challenges In The Pacific, Jon M. Van Dyke Nov 2004

Regionalism, Fisheries, And Environmental Challenges In The Pacific, Jon M. Van Dyke

San Diego International Law Journal

The Pacific, the world's largest ocean, contains many of the world's smallest countries. Most of these isolated islands were under colonial domination from the mid-19th century (or earlier) until about the 1970s, when they became independent. New Zealand (Aotearoa) and Australia participate in many Pacific regional organizations and activities. They are viewed as partners but play separate and different, while still important, roles because of their larger size and differences in culture and history.


Table Of Contents Nov 2004

Table Of Contents

Journal of Environmental and Sustainability Law

No abstract provided.


It Is Time To Reevaulate The Toxic Release Inventory, Susan E. Dudley Nov 2004

It Is Time To Reevaulate The Toxic Release Inventory, Susan E. Dudley

Journal of Environmental and Sustainability Law

No abstract provided.


Narrowing Navigable Waters: The Fifth Circuit Limits Federal Jurisdiction Under The Clean Water And The Oil Pollution Acts. In Re Needham, Lorraine C. Friedlein Buck Nov 2004

Narrowing Navigable Waters: The Fifth Circuit Limits Federal Jurisdiction Under The Clean Water And The Oil Pollution Acts. In Re Needham, Lorraine C. Friedlein Buck

Journal of Environmental and Sustainability Law

No abstract provided.


Turtle Power: The Ninth Circuit Avoids A Tragedy On The High Seas. Turtle Island Restoration Network V. National Marine Fisheries Service, Elizabeth P. Mcnichols Nov 2004

Turtle Power: The Ninth Circuit Avoids A Tragedy On The High Seas. Turtle Island Restoration Network V. National Marine Fisheries Service, Elizabeth P. Mcnichols

Journal of Environmental and Sustainability Law

No abstract provided.


Liability For Cost Of Litigation That Accrue After Litigation Is Complete: Costs Associated With Monitoring Compliance With Established Consent Decrees Are Part Of Litigation Costs. Sierra Club V. Hankinson, C. Travis Hargrove Nov 2004

Liability For Cost Of Litigation That Accrue After Litigation Is Complete: Costs Associated With Monitoring Compliance With Established Consent Decrees Are Part Of Litigation Costs. Sierra Club V. Hankinson, C. Travis Hargrove

Journal of Environmental and Sustainability Law

No abstract provided.


Court Reports Nov 2004

Court Reports

Journal of Environmental and Sustainability Law

No abstract provided.


Striking The Right Balance: The Contrasting Ways In Which The United States And China Implement National Projects Affecting The Environment , Pamela Howlett Nov 2004

Striking The Right Balance: The Contrasting Ways In Which The United States And China Implement National Projects Affecting The Environment , Pamela Howlett

Journal of Environmental and Sustainability Law

No abstract provided.


Environmental Law, Benjamin A. Thorp Iv, William K. Taggart Nov 2004

Environmental Law, Benjamin A. Thorp Iv, William K. Taggart

University of Richmond Law Review

No abstract provided.


Evaluating Environmental Policies, Lori Snyder Bennear, Cary Coglianese Nov 2004

Evaluating Environmental Policies, Lori Snyder Bennear, Cary Coglianese

All Faculty Scholarship

For too long, environmental policymaking has relied on trial and error, without adequate or systematic learning from either the trials or the errors. Systematic program evaluation research has been remarkably scarce relative to the overall number of environmental policies adopted in the United States, as well as relative to the amount of evaluation research found in other fields, such as medicine, education, or transportation safety. This paper examines the role that program evaluation should play in environmental policy making, distinguishing such research from other types of analysis, including risk assessment, cost-effectiveness analysis, and cost-benefit analysis. It explains the kinds of …


Soft Negligence And Cause In Fact: A Comment On Ganuza And Gomez, Giuseppe Dari-Mattiacci Oct 2004

Soft Negligence And Cause In Fact: A Comment On Ganuza And Gomez, Giuseppe Dari-Mattiacci

George Mason University School of Law Working Papers Series

Lowering the standard of negligence below the first-best socially optimal level has been shown by Ganuza and Gomez (2004) to increase the level of care taken by judgment proof injurers. In this paper, I consider a more complex model of negligence in which cause in fact is taken into account, and I show that this conclusion holds when the injurer’s care reduces the magnitude of the accidental harm but not when the injurer’s care reduces the probability of the accident. Thus, such soft negligence strategies aimed at tackling the adverse effects of judgment proofness need to be conditioned to the …


When "Responsible Parties" Clean Up Voluntarily, Can They Use Superfund To Get Some Of Their Cleanup Costs Back?, Robert H. Abrams, Amy Kullenberg Oct 2004

When "Responsible Parties" Clean Up Voluntarily, Can They Use Superfund To Get Some Of Their Cleanup Costs Back?, Robert H. Abrams, Amy Kullenberg

Journal Publications

No abstract provided.


The Arkansas River: One Hundred Years Later, Kansas And Colorado Still Are At Odds, Robert H. Abrams Oct 2004

The Arkansas River: One Hundred Years Later, Kansas And Colorado Still Are At Odds, Robert H. Abrams

Journal Publications

No abstract provided.


The Skyscraper, Green Design, & The Leed Green Building Rating System: The Creation Of Uniform Sustainable Standards For The 21st Century Or The Perpetuation Of An Architectural Fiction?, Stephen T. Del Percio Oct 2004

The Skyscraper, Green Design, & The Leed Green Building Rating System: The Creation Of Uniform Sustainable Standards For The 21st Century Or The Perpetuation Of An Architectural Fiction?, Stephen T. Del Percio

W&M Law Student Publications

No abstract provided.


Synthesizing Criteria And Accounting For Economic Waste In Environmental Laches, Richard G. Collins Oct 2004

Synthesizing Criteria And Accounting For Economic Waste In Environmental Laches, Richard G. Collins

William & Mary Environmental Law and Policy Review

No abstract provided.


Defining "Addition" Of A Pollutant Into Navigable Waters From A Point Source Under The Clean Water Act: The Questions Answered — And Those Not Answered — By South Florida Water Management District V. Miccosukee Tribe Of Indians, Steven A.G. Davison Oct 2004

Defining "Addition" Of A Pollutant Into Navigable Waters From A Point Source Under The Clean Water Act: The Questions Answered — And Those Not Answered — By South Florida Water Management District V. Miccosukee Tribe Of Indians, Steven A.G. Davison

All Faculty Scholarship

No abstract provided.


Attacking Military Environmental Cleanup On Foreign Soil: Should Cercla Principles Apply?, Randon H. Draper Oct 2004

Attacking Military Environmental Cleanup On Foreign Soil: Should Cercla Principles Apply?, Randon H. Draper

Buffalo Environmental Law Journal

No abstract provided.


The International Jurisprudence And Politics Of Hazardous Substances: Managing A Global Dilemma, Joseph F. St. Cyr Oct 2004

The International Jurisprudence And Politics Of Hazardous Substances: Managing A Global Dilemma, Joseph F. St. Cyr

Buffalo Environmental Law Journal

No abstract provided.


Federal Circuit Reverses $37 Million Award To Fishing Vessel, Lance Young Oct 2004

Federal Circuit Reverses $37 Million Award To Fishing Vessel, Lance Young

Sea Grant Law Fellow Publications

No abstract provided.


Framework Adjustment 14 Does Not Violate Magnuson-Stevens Act, Terry Boardman Oct 2004

Framework Adjustment 14 Does Not Violate Magnuson-Stevens Act, Terry Boardman

Sea Grant Law Fellow Publications

No abstract provided.


Discretion And The Criminalization Of Environmental Law, Charles J. Babbitt, Dennis C. Cory, Beth L. Kruchek Oct 2004

Discretion And The Criminalization Of Environmental Law, Charles J. Babbitt, Dennis C. Cory, Beth L. Kruchek

Duke Environmental Law & Policy Forum

No abstract provided.


Preemption Of Common Law Claims And The Prospect For Fifra: Justice Stevens Puts The Genie Back In The Bottle, Jennifer S. Hendricks Oct 2004

Preemption Of Common Law Claims And The Prospect For Fifra: Justice Stevens Puts The Genie Back In The Bottle, Jennifer S. Hendricks

Duke Environmental Law & Policy Forum

No abstract provided.


Obstacles To The Devolution Of Environmental Protection: States’ Self-Imposed Limitations On Rulemaking, Andrew Hecht Oct 2004

Obstacles To The Devolution Of Environmental Protection: States’ Self-Imposed Limitations On Rulemaking, Andrew Hecht

Duke Environmental Law & Policy Forum

No abstract provided.