Law Commons^™

A Decade's Experience In Implementing A Land-Use Environmental Impact Assessment System In Israel In View Of The American And European Experience, Ruth Rotenberg, University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

ii, 38 p. ; 28 cm

Restoring Faith In Natural Resource Policy-Making: Incorporating Direct Participation Through Alternative Dispute Resolution Processes, Kaleen Cottingham, University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

8 p. ; 28 cm

Clear The Air, Robert L. Fischman

Articles by Maurer Faculty

No abstract provided.

Biological Diversity And Environmental Protection: Authorities To Reduce Risk, Robert L. Fischman

Articles by Maurer Faculty

No abstract provided.

Endangered Species Conservation: What Should We Expect Of Federal Agencies?, Robert L. Fischman

Articles by Maurer Faculty

No abstract provided.

Worst Things First: Risk, Information, And Regulatory Structure In Toxic Substances Control, John S. Applegate

Articles by Maurer Faculty

Scientific uncertainty is the characteristic problem of toxic substances control, and regulators lack the resources to resolve or significantly reduce uncertainty across all of the risks they must address. For this reason, the Environmental Protection Agency (EPA) has become intensely interested in setting priorities among its responsibilities. EPA lacks, however, a coherent framework within which to implement its findings. In this Article, Professor Applegate proposes that the current regulatory regime for toxic substances be restructured to emphasize thoughtful priority setting rather than unrealistic risk standards and deadlines. In his view, Congress should provide broad parameters for agency action in particular …

Developing A World Vision: An Introduction To International Environmental Policy, Beverly Mcqueary Smith

Scholarly Works

No abstract provided.

A Black (And Rising?) Tide: Controlling Maritime Oil Pollution In Canada, Suzanne Hawkes, Michael M'Gonigle

Osgoode Hall Law Journal

A series of dramatic oil spills in recent years has once again drawn critical attention to the nature and adequacy of existing domestic and international legislation regarding ship source oil pollution. Predictably, legislators and policy makers have responded with a plethora of studies, reviews, and consultations. However, past improvements to the domestic and international regimes have traditionally been slow and incremental, at best. In Canada, approximately three years have passed since the Nestucca spill took place off the B.C. coast. Yet, while there has been much discussion, domestic legislation remains virtually unaltered at the present time. The authors find that …

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

Environment And Trade As Partners In Sustainable Development: A Commentary, Edith Brown Weiss

Georgetown Law Faculty Publications and Other Works

Trade is not an end in itself; rather, it is a means to an end. The end is environmentally sustainable economic development. So viewed, there are legitimate constraints on trading patterns and practices that are necessary to ensure that the "instrument of trade" leads to environmentally sustainable development. Measures needed to protect the environment cannot be forsworn simply because they may adversely affect free trading relationships.

Environmental Litigation And Rule 11, Carl W. Tobias

Law Faculty Publications

The 1983 amendment to Federal Rule of Civil Procedure 11 has been the most controversial revision in the half-century history of the Federal Rules. Judges have applied amended Rule 11, which requires them to sanction lawyers and parties who do not conduct reasonable inquiries before filing papers, in over 1000 reported opinions, considerably more unreported determinations, and numerous informal contexts. The Rule has engendered much unnecessary satellite litigation and has been implemente4 inconsistently, while attorneys' fees remain the "sanction of choice" for violations. Rule 11 activity has especially disadvantaged civil rights plaintiffs and lawyers, whose lack of resources can make …

Rcra And The Responsible Corporate Officer Doctrine: Getting Tough On Corporate Offenders By Sidestepping The Mens Rea Requirement, Ronald M. Broudy

Kentucky Law Journal

No abstract provided.

Coping With Uncertainty: Social Scientists, Engineers, And Federal Water Resources Planning, Martin Reuss

Natural Resources Journal

No abstract provided.

Contract For Nonbeneficial Use: New Mexico Water Law Is Drowned Out By Contract. (Margarito Trujillo And Swope Farm And Livestock Co. V. Cs Cattle Company And Eagle Nest Reservoir Corporation V. Angel Fire Corporation, 109 N.M. 705, 790 P.2d 502 (1990)), William Singdahlsen

Natural Resources Journal

No abstract provided.

Standing For Environmental Groups: Procedural Injury As Injury-In-Fact, Miriam S. Wolok

Natural Resources Journal

No abstract provided.

Tribes V. States: Zoning Indian Reservations, J. Bart Wright

Natural Resources Journal

No abstract provided.

A True Comprehensive Approach, Lakshman Guruswamy

Publications

No abstract provided.

Global Warming: A Comprehensive Approach, Lakshman Guruswamy

Publications

No abstract provided.

Integrated Environmental Control: The Expanding Matrix, Lakshman Guruswamy

Publications

Professor Guruswamy addresses the configuration of forces creating global warming, and canvasses the action necessary to deal with this challenge. He identifies key reasons accounting for the failure of the United States to take adequate measures to control emissions of carbon dioxide at the national level, and for resisting international attempts to do so. Guruswamy argues that the problem of global warming should be dealt with within the framework of Integrated Environmental Control (IEC)--a radical approach to pollution prevention and modification of product demand. He reasons that by encompassing energy policy within the matrix of pollution control, IEC will promote …

Private Land Use, Changing Public Values And Notions Of Relativity, Lynda L. Butler

Faculty Publications

No abstract provided.

Toward Global Citizenship In International Environmental Law, David Hunter

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Environmental Reforms In Post-Communist Central Europe: From High Hopes To Hard Reality, David Hunter, Margaret Bowman

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Interstate Water Pollution: Must Upstream Permits Comply With Downstream Standards?, Robert H. Abrams

Journal Publications

No abstract provided.

Federalism And The Prevention Of Groundwater Contamination, Denise D. Fort

Faculty Scholarship

Pending

A Foreign Investor's Guide To The Environmental Legal Regime Of Hong Kong, Ferheen Mahomed

San Diego Law Review

This Article discusses the existing environmental legal regime of Hong Kong. It attempts to provide the foreign investor with a brief background to Hong Kong's political, legal, and economic structure. It also examines in some detail the four major areas of pollution control legislation in Hong Kong: air, water, noise, and waste disposal. It gives a general overview of both environmental legislation currently in force, and that which is expected to be enacted in the future. The author suggests that the increasing prominence of environmental issues in the commercial and legal fields in Hong Kong will allow for a wide …

A Guide For Foreign Investors To Environmental Laws In The United States, Scott H. Peters

San Diego Law Review

This Article introduces, in some detail, the primary environmental rules and laws that are of special interest to potential foreign investors in the United States. The discussion includes examination of the Clean Air Act of 1988, The Federal Water Pollution and Control Act of 1972, and The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA). The author also discusses specific laws that may apply to foreign investors, such as the regulation of underground storage tanks and asbestos laws. The author concludes that two types of costs exist for foreign investors in the United States: the cost of compliance …

Remedying Environmental Racism, Rachel D. Godsil

Michigan Law Review

This Note addresses the equity issues that arise in the placement of commercial hazardous waste facilities. Currently, minorities are shouldering an unequal share of the burdens of hazardous waste16 while the benefits of production that results in hazardous waste are dispersed throughout society. Studies demonstrate that poor whites are overburdened as well. While inequitable distribution of wastesites along class lines is troubling and deserving of attention, this Note focuses specifically on the burdens facing racial minorities.

This Note contends that all races should share equitably the burdens and risks of hazardous waste facilities. Part I documents the disproportionate burden of …

Our Better Natures: A Revisionist View Of Joseph Sax's Public Trust Theory Of Environmental Protection,And Some Dark Thoughts On The Possibility Of Law Reform, Richard Delgado

Vanderbilt Law Review

When Professor Joseph Sax wrote his famous Public Trust article in 1970, the environmental movement was in a state of agitation and flux. Commentators were writing about plastic trees, Ways Not to Think About Plastic Trees, and whether we should bestow legal rights on natural objects. The Green Movement took hold in Europe, and in the United States scholars, activists, and ordinary citizens were calling for greater attention to the problems of decreasing quality of life, increasing pollution, and over development of the nation's farm and wilderness lands.

The time was exactly right for Sax's article. Sax proposed a simple,easily …

Corporate Officer Liability Under Rcra: Stringent But Not Strict, David T. Barton

BYU Law Review

No abstract provided.

The Canadian Environmental Legal Regime: A Road Map For The Foreign Investor, Roger Cotton, John S. Zimmer

San Diego Law Review

This Article provides potential foreign investors and general readers with a broad overview of the Canadian environmental legal regime. It attempts to inform investors in Canadian businesses of the relevant environmental laws in order for the investor to assure that the project in which he has invested significant time, energy, and money is in compliance with all applicable laws. The constitutional basis for environmental legislation in Canada is analyzed. Also, the principal pieces of federal and provincial legislation are canvassed in an attempt to show the wide variety of activities that are regulated. The authors also review the principal bases …