Law Commons^™

Is Georgia Really Across The Savannah River From South Carolina?, Robert H. Abrams

Journal Publications

No abstract provided.

A Baseline Case: The Woburn Wells G And H Superfund Site, Steven Konkel

Environmental Health Science Faculty and Staff Research

This section profiles the types of disputes which arose at the Woburn Wells G and H Superfund site in Woburn, Mass. The Woburn Wells G and H case serves as a baseline because it demonstrates how obstacles cause delays and impasses. This section contains an overview of what has transpired since the discovery of contaminants in two of the town municipal wells, Well G and H.

Out-Of-State Trash: Solid Waste And The Dormant Commerce Clause, Bradford Mank

Faculty Articles and Other Publications

America faces a garbage crisis. Many cities and states are rapidly depleting their landfill capacity for ordinary municipal solid waste.The "Not In My Back Yard" (NIMBY) syndrome hinders regional and national solutions to the solid waste problem. This Article examines to what extent local communities may exclude solid waste from out-of-state sources without violating the Commerce Clause.

The Logic And Limits Of Public Information Mandates Under Federal Hazardous Waste Law: A Policy Analysis, Robert F. Blomquist

Law Faculty Publications

No abstract provided.

The United States' Enforcement Of The Convention On International Trade In Endangered Species Of Wild Fauna And Flora, Meena Alagappan

Northwestern Journal of International Law & Business

Species loss is an extremely serious, continuing problem. While habitat destruction poses one of the most imminent threats to the survival of wild animals and plants, international trade in wildlife is also a major cause of diminishing biological diversity worldwide. The global market for wildlife is very large, and the goods involved are usually luxury items, such as fur coats and ivory carvings. When this trade is not harnessed, it often tips the balance toward extinction for various forms of wildlife.

The Heating Up Of The Climate, John Firor

Colorado Environmental Law Journal

No abstract provided.

Alternative Legal And Institutional Approaches To Global Change, Peter S. Thacher

Colorado Environmental Law Journal

No abstract provided.

Commission Of The European Communities, Carlo Ripa Di Meana

Colorado Environmental Law Journal

No abstract provided.

Organization Of Economic Co-Operation And Development, Colorado Journal Of International Environmental Law And Policy

Colorado Environmental Law Journal

No abstract provided.

United States Environmental Protection Agency, Jamison Koehler, Scott A. Hajost

Colorado Environmental Law Journal

No abstract provided.

State Of Florida Division Of Administrative Hearings: Petitioner's First Interrogatories To St. Johns River Water Management District, Michael W. Woodward

Historical Documents

Legal documents related to a dispute between the Sawmill Slough Conservation Club vs. the University of North Florida

James Lovelock's The Ages Of Gaia: A Biography Of Our Living Earth (Book Review), David Leacock, David A. Westbrook

Book Reviews

No abstract provided.

Cites And The Regulation Of International Trade In Endangered Species Of Flora: A Critical Appraisal, William C. Burns

Penn State International Law Review (1982 - 2011)

This article focuses on the effectiveness of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) in preserving endangered species of flora. The overarching thesis will be that the Convention has contributed to the protection of flora, but several measures are still necessary to strengthen implementation of the treaty at the beginning of the next crucial,.decade. The analysis of this thesis will examine the importance of flora species as a global resource and examine the historical record, of CITES to effectively preserve endangered flora species. Finally, .this article proffers several proposals intended to enhance the …

Undated (1990), Ifc Environmental Requirements For Project Sponsors, Ifc

IFC E&S Performance Standards

No abstract provided.

Our Nation's Energy And Resources - Decision Making In Conflict, 23 J. Marshall L. Rev. 197 (1990), Wallace H. Johnson

UIC Law Review

No abstract provided.

Small Automobiles Causing Large Air Pollution Problems On A Global Basis: The European Economic Community Can Learn And Live From United States Legislation, Christopher E. Mohney

Penn State International Law Review (1982 - 2011)

This Comment will first examine current United States policy, standards, and regulation of the emissions dispelled by moving vehicles. Second, an introduction to the European Economic Community (EEC) standard will be set forth, followed by a brief discussion on legislative harmonization within the EEC. An analysis of the existing policy for the regulation of vehicle emissions within the Community will also be presented. Finally, since the proposed integration of the EEC is a key step on the way to creation of a "United States of Europe," the United States and EEC policies will be comparatively examined.

The Use Of Criminal Law For The Protection Of The Environment In Europe: Council Of Europe Resolution (77) 28, Antonio Vercher

Northwestern Journal of International Law & Business

In recent years, the growth of industrial development has rendered the protection of the environment a matter of sudden and immediate concern in most European countries. Some of these countries have re- sorted to criminal law when other measures proved to be inadequate or ineffective. This tendency is apparent in the following excerpt, quoted from a report to the Tenth International Congress on Comparative Law: "When we encounter a new disastrous phenomenon, we naturally are shocked and are apt to rush to penal legislation to suppress it. As a matter of fact, we tend to think that the problem is …

The Corporate Conscience And Environmental Issues: Responsibility Of The Multinational Corporation, Alfred S. Farha

Northwestern Journal of International Law & Business

I shall attempt in this Article to put forward my view of the multinational corporation's responsibility towards the environment in an objective manner, being constructively critical and adequately commending whenever appropriate. In so doing, however, it should be made clear at the outset that there is no intent to put forward the view of any industry as a whole, nor do I mean to imply that what I will have to say is any official position of my own company. This Article will reflect my individual view of how I believe my company and others have reacted and should react …

Environmental Impact Statements In Belgium, Marc Boes

Northwestern Journal of International Law & Business

In the following Article, Professor Boes analyzes the statutory framework implementing the use of the environmental impact statement ("EIS") in Belgium. Authority for the EIS flows from the EEC Directive, but as yet, the national government in Belgium has erected no regulatory structure. Thus, the Article examines two of Belgium's regions which have established a regulatory system for EIS's.

Environmental Regulation In Europe: Hazardous Waste And Contaminated Sites, Bradford S. Gentry

Northwestern Journal of International Law & Business

The purpose of this Article is to describe the general system of environmental regulation in the European Community ("EC") and to offer a practical perspective on that system. In order to do so, the Article has several parts. Following this introduction, Section II provides a brief overview of the European Community, its institutions and its basic approach to environmental regulation. Section III offers observations as to some of the major differences in approach to environmental regulation between the EC and the United States. By way of example of how the system works in practice, Sections IV and V provide more …

The Waste Export Control Act: Proposed Legislation And The Reagan-Era Legacy To International Environmental Protection, Alan Neff

Northwestern Journal of International Law & Business

On May 31, 1989, four Representatives introduced in the U.S. House of Representatives the Waste Export Control Act'("WECA"). According to the bill's bipartisan sponsors, its purpose is to regulate the export of solid waste from the United States to foreign countries more stringently than existing federal laws and regulations. Three House sub- committees have held hearings in 1988 and 1989 on exports of solid wastes-in advance of, and since, introduction of the legislation discussed in this Article.

Doing Business Under Canadian Environmental Law, Jeffrey C. Bates, Gregory A. Bibler, David S. Blackmar

Northwestern Journal of International Law & Business

In recent years, the role of the environmental risk management has become increasingly significant to multinational corporations. Corporations from the United States and elsewhere are now undertaking aggressive assessments of environmental regulatory compliance, and are incorporating environmental due diligence into transactions such as mergers, acquisitions, joint ventures, and divestitures. The first step toward assessing compliance often involves interpretation of complex, vaguely written environmental statutes and regulations. Matters are made more difficult by the fact that each governmental structure is different, and environmental controls inevitably will be administered in ways unfamiliar to foreign companies, even in countries which have emulated the …

Editor's Note, Colorado Journal Of International Environmental Law And Policy

Colorado Environmental Law Journal

No abstract provided.

International Management Of The Flathead River Basin, Dino Ross

Colorado Environmental Law Journal

No abstract provided.

Financial Responsibility Assistance For Underground Storage Tanks: Can Washington State Run A Pollution Reinsurance Company?, John S. Conniff

Seattle University Law Review

This Article reviews Washington state efforts to create a state financial responsibility assurance program; it analyzes EPA financial responsibility regulations; it examines the risks associated with insuring underground petroleum storage tanks; and it assesses the problems and merits of the state pollution liability insurance program as a potential solution to owner and operator financial responsibility needs. The Article concludes that the Washington program reflects the best efforts of the legislature to compromise the competing interests of the public, owners and operators of USTs, and environmental groups. If pollution insurers bargain in good faith with the state, the program will succeed …

Death By Sepa: Substantive Denials Under Washington's State Environmental Policy Act, Roger Pearce

Seattle University Law Review

This Comment seeks to answer the question raised by West Main II and Cougar Mountain of what procedural processes and substantive policies may be used in SEPA-based denials. After examining the nature of substantive SEPA authority and the relationship between substantive SEPA and Washington's vested rights doctrine, the Comment will discuss West Main II and Cougar Mountain and will argue that the two cases are consistent. It will then provide an informative assessment of the current limits of substantive SEPA authority. The Comment concludes by suggesting the following legislative or judicial changes in SEPA law: earlier vesting of SEPA policies, …

Organizing Themes Of Environmental Law, Marcia R. Gelpe

Faculty Scholarship

This article is designed to assist students and lawyers in their work in the field of Environmental Law; specifically, in the area of preventing and mitigating the effects of pollution. The article begins with the origins of modern environmental law. It briefly summarizes the reasons we have environmental problems and describes the inadequacies of the common law responses. This is key to understanding modern environmental statutes, which are designed to remedy the shortcomings of the common law. The main part of the article sets out the various approaches to remedying those shortcomings and gives examples of environmental statutes which take …

Carcinogen Roulette: The Game Played Under Fifra, Marina M. Lolley

Maryland Law Review

No abstract provided.

Balancing Power Costs And Fisheries Values Under The Northwest Power Act, Michael B. Early, Egil Krogh

Seattle University Law Review

In addressing the anadromous fisheries resource affected by hydroelectric facilities in the Columbia River Basin, Congress directed that the Pacific Northwest Electric Power and Conservation Planning Council (Council) balance the values of this resource with the need for an economical electric power supply. The central thesis of this Article is that Congress, in the Northwest Power Act, required that appropriate mitigation measures for the fisheries resource shall be determined by balancing the fisheries values that would be achieved against the costs that would be incurred by electric power consumers. While some commentators have urged that an appropriate balancing does not …

Nepa At Twenty: Mimicry And Recruitment In Environmental Law, William H. Rodgers, Jr.

Articles

We are gathered here to consider not so much a twenty year-old law but a twenty year-old that has been extraordinarily far-reaching and influential. In its own special way, the National Environmental Polic Act and the environmental assessment that it represents have become the legal equivalent of cultural fads such as Hula Hoops, Rubik's Cubes, and Air Jordans.

A good portion of this conference, I suspect, will be devoted to documenting the many measures of NEPA's significance—the legal business it has generated, the institutional moves it has inspired, the precious places it is credited with saving.

My opening remarks will …