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Full-Text Articles in Law

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 Polluter Pays Principle In European Community And Its Impact On United Kingdom Farmers, Michael Cardwell Jan 2006

The Polluter Pays Principle In European Community And Its Impact On United Kingdom Farmers, Michael Cardwell

Oklahoma Law Review

No abstract provided.


Statutory Interpretation In The Era Of Oira, Lisa Heinzerling Jan 2006

Statutory Interpretation In The Era Of Oira, Lisa Heinzerling

Georgetown Law Faculty Publications and Other Works

In recent years, the Office of Information and Regulatory Affairs (OIRA) within the Office of Management and Budget (OMB) has asserted a remarkable degree of authority over administrative agencies' rulemaking processes. One of the ways in which OIRA has exercised power over agencies has been to foist upon them its own views about the requirements of the statutes under which they operate. The most notable trend in this area has been OIRA's insistence on converting technology-based environmental laws into cost-benefit laws. In OIRA's hands, for example, the Clean Water Act ("the Act") is being transformed from a technology- based regime …