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Full-Text Articles in Law

The Legacy Of John Graham: Strait-Jacketing Risk Assessment, Rena I. Steinzor May 2006

The Legacy Of John Graham: Strait-Jacketing Risk Assessment, Rena I. Steinzor

Faculty Scholarship

No abstract provided.


The Tribal Sovereign As Citizen: Protecting Indian Country Health And Welfare Through Federal Environmental Citizen Suits, James M. Grijalva Jan 2006

The Tribal Sovereign As Citizen: Protecting Indian Country Health And Welfare Through Federal Environmental Citizen Suits, James M. Grijalva

Michigan Journal of Race and Law

This Article suggests that federal environmental citizen suits can serve tribal sovereignty interests without presenting the legal risks tribes face when they attempt direct regulation of non-Indians. Section I briefly describes governmental regulatory roles tribes may play in the implementation of federal environmental law and policy. Section II overviews the conceptual and procedural framework for tribal claims as "citizens." Section III argues that in bringing environmental citizen suits, tribal governments exercise their inherent sovereign power and responsibility to protect the health and welfare of tribal citizens and the quality of the Indian country environment. Section IV concludes that, while suits …


The Role Of Third-Party Verification In Emissions Trading Systems: Developing Best Practices , Jennifer Rohleder Jan 2006

The Role Of Third-Party Verification In Emissions Trading Systems: Developing Best Practices , Jennifer Rohleder

Sustainable Development Law & Policy

No abstract provided.


Native Americans Confront Mercury Threat To Health, Culture, Abigail Okrent Jan 2006

Native Americans Confront Mercury Threat To Health, Culture, Abigail Okrent

Sustainable Development Law & Policy

No abstract provided.


Habitat Federalism, Robert L. Fischman Jan 2006

Habitat Federalism, Robert L. Fischman

Articles by Maurer Faculty

THE COMMON IMAGE OF COOPERATIVE FEDERALISM INVOLVES the Environmental Protection Agency (EPA) inducing states to adopt permit and other pollution abatement programs. States can tailor some standards, but public health benchmarks and end-of-the-pipe technologies are uniform across the nation. Inducements include both carrots, mostly in the form of federal funds and flexibility, and sticks, mostly in the form of penalties and loss of control.

This essay discusses cooperative federalism for habitat conservation. Habitat federalism focuses more on ecology than chemistry, more on cities and counties than states, and more on place-based variation than on uniform standards. It is about how …