Law Commons^™

Judicial Activism And Restraint In The Supreme Court's Environmental Law Decisions, Richard E. Levy, Robert L. Glicksman

Vanderbilt Law Review

The proper role of the courts in our system of government has long been the source of considerable controversy. Proponents of "judicial activism" argue that because only the courts are insulated from political pressures, courts should exercise the judicial power broadly in the constitutional context to ensure that legislation is consistent with constitutional norms. Likewise, the argument continues, judicial activism is necessary in the regulatory context to ensure that administrative agencies implement statutory objectives. In contrast, proponents of"judicial restraint" argue that the legislative and executive branches alone should make public policy because only these branches are responsive to the electorate. …

Natural Resource Damage Valuation, Frank B. Cross

Vanderbilt Law Review

How much is beauty worth in dollars? Some people may recoil at the very phrasing of this question. Yet placing a monetary value on natural resources is not inherently destructive. Custom places a monetary value on artwork. Capitalism even values beautiful natural vistas in the form of land prices. Placing a monetary value on beauty and other features of nature may be essential if one is to protect natural resources fully.

This Article explores the proper monetary valuation under Superfund and other legislation of natural objects,' including living animals, aesthetic views, and water purity. The path to achieving valuation is …

Agenda For Action - Casco Bay, Department Of Environmental Protection

Maine Collection

Agenda For Action - Casco Bay

Department of Environmental Protection, Augusta, Maine (January, 1989)

Contents: Introduction / The Problems : Bacteria, Toxics, Nutrients / The Solutions / Recommendations / References

Resource Law Notes Newsletter, No. 16, Jan. 1989, University Of Colorado Boulder. Natural Resources Law Center

Resource Law Notes: The Newsletter of the Natural Resources Law Center (1984-2002)

No abstract provided.

Maine Nonpoint Source Pollution Assessment Report, Bureau Of Water Quality Control

Maine Collection

Maine Nonpoint Source Pollution Assessment Report

Prepared by the Maine Department of Environmental Protection, Bureau of Water Quality Control, Augusta, Maine 1989.

Contents: Executive Summary / Introduction / Methodology / Statewide Water Quality Summary / State And Local Agency Programs for Control of Nonpoint Source Pollution / Process for Identification of Best Management Practices and Associated Standards / List of References / List of Figures / List of Tables

Continental Insurance Companies V. Northeastern Pharmaceutical & (And) Chemical Company: Cleanup Costs Are Not Damages Under A Standard Liability Policy, 22 J. Marshall L. Rev. 703 (1989), Michael J. Holt

UIC Law Review

No abstract provided.

(Why) Should Nations Utilize Antidumping Measures?, Ross Denton

Michigan Journal of International Law

The purpose of this paper is to present arguments that may provide support for the continuation of the international antidumping regime, and in certain measure, for the continuation of national antidumping rules. It steers an often difficult course between advocating tighter controls on the use of antidumping actions as protectionist measures, and their use to prevent potentially harmful dumping. However, this paper does not attempt to define how to produce a rational antidumping-type system, but merely provides some standards for assessing whether that system is sensible.

Soviet Environmental Protection: The Challenge For Legal Studies, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

The five essays by Soviet environmental law specialists published in this volume of the Pace Environmental Law Review provide insights into the contemporary debate in the USSR about how to protect nature. Before commenting on each essay, it is useful to sketch out the problems which the Soviet Union is encountering as it struggles to cope with its substantial pollution and widespread natural resource misuse.

Jurisdiction For Citizens To Enforce Against Violations Of The Clean Water Act, Jeffrey G. Miller

Elisabeth Haub School of Law Faculty Publications

The First Annual Pace National Environmental Moot Court Competition was a splendid event. The students, faculty and administration of Pace were proud to host it. The Competition differs in many ways from other competitions. First, it features a field of law that has only recently become a major focus of legal practice. It is appropriate that Pace, a young law school, sponsor a competition in a new field of law. Second, the Competition's arguments are between three teams (government, industry and environmental advocates) rather than the traditional two. This is appropriate to the many sided nature of environmental disputes. Third, …

Public Rights In The Navigable Streams Of New York, John A. Humbach

Elisabeth Haub School of Law Faculty Publications

This paper provides a comprehensive survey of the New York judicial decisions bearing on the public's right to use the state's navigable streams and waterways. The cases have been organized into a logical framework, in outline form, in order to give future researchers ready access to the relevant judicial materials. Wherever possible, the main thrust of the cases has been presented in the court's own words. Brief narrative summaries of the case law are provided under the main outline headings. An attempt has been made to include a reference to every New York case relevant to public use of freshwater …

Taking Account Of The Ecosystem On The Public Domain: Law And Ecology In The Greater Yellowstone Region, Robert B. Keiter

Utah Law Faculty Scholarship

Greater Yellowstone's future will be shaped by, and ultimately will reflect, evolving national public values. The ecosystem concept interjects a provocative new image into the debates that are now influencing and molding public lands policy. Scientifically, the concept demonstrates the indisputable interconnectedness of jurisdictionally fragmented public lands. And the concept has great power as a metaphorical device, rooted in scientific fact yet evocative enough to stir the hearts and minds of an American public now strongly committed to the preservationist ideal and its national parks heritage. Already the Greater Yellowstone Ecosystem concept has fused two world-renowned national parks, several well-known …

The Lesson Of The Owl And The Crows: The Role Of Deception In The Evolution Of The Environmental Statutes, William H. Rodgers, Jr.

Articles

In this world of strategies and counterstrategies, the advantages of the good fake are not to be overlooked. Fakery is an indelible part of the landscape in settings where we readily accept the gaming metaphor—sporting events are the obvious examples. But I wish to emphasize how fakery and deception can play an important role in legal interactions as well, particularly in the writing of the environmental statutes. Environmental lawyers often are fond of borrowing examples from natural history to illustrate propositions of law. There is more to this practice than habit, it seems to me, because the natural laws of …

Texas Oil And Gas Leases Contain Separate And Distinct Implied Covenant To Further Explore After Lucrative Production., E. Joy Jackson Sparks

St. Mary's Law Journal

In Sun Exploration & Production Co. v. Jackson, the Texas Supreme Court held Texas oil and gas leases contain a separate and distinct implied covenant to further explore after lucrative production. A lease that grants an interest in oil and gas found beneath the ground surface holds several implied covenants. Once successful production begins on a leasehold, implied covenants arise to encourage cooperation between the lessor and the lessee. A covenant is a “promise” between two or more parties to perform or not to perform a specific act. A covenant may be expressly stated within a contract or implied by …

Jury Trials In The Bankruptcy Courts: Awaiting A Final Verdict., Ann Van Bever, V. Craig Cantrell

St. Mary's Law Journal

No abstract provided.

Miranda Warnings Sufficient To Inform Defendant Of Sixth Amendment Right To Counsel For Postindictment Interrogations., David M. Shearer

St. Mary's Law Journal

Abstract Forthcoming.

How An Errorless Judgment Can Become Erroneous., Robert W. Calvert

St. Mary's Law Journal

Abstract Forthcoming.

Hazardous Chemicals In The Workplace: The Employer's Obligation To Inform Employees And The Community., Nelson A. Clare

St. Mary's Law Journal

Significant changes have recently occurred in reporting requirements for employers who have hazardous chemicals in their workplaces. The amended Federal Hazard Communication Standard requires private employers, engaged in a business using hazardous chemicals, to communicate to employees the potential hazards. The Standard requires employers to use: 1) a Hazard Communication Program, 2) labels and other forms of warning, 3) material safety data sheets, and 4) information and training about hazardous chemicals. Local and state governments must compare and reconcile the various and complex provisions relating to the Standard to ensure compliance with all requirements of the respective laws. The Texas …

Private Retirement Benefits Earned During Marriage Characterized As Community Property And Do Not Automatically Remain Property Of Surviving Spouse., Darryl J. Silvera

St. Mary's Law Journal

Abstract Forthcoming.

Should Your Spouse Be Compensated For Putting You Through School - Texas Says No; Is That Just And Right., Darryl J. Silvera

St. Mary's Law Journal

No abstract provided.

A Proposal To Protect Injured Workers From Employers' Shield Of Immunity., Catherine A. Hale

St. Mary's Law Journal

The current workers’ compensation system shields negligent employers from liability and fails to encourage compliance with safety standards. A practical solution is to broaden the judicial definition of intentional conduct and reinstate a common-law negligence action in workers’ compensation statutes. The Texas Workers’ Compensation Act awards compensation to employees for accidental injuries sustained in the course of employment. The Act bars an employee who accepts these benefits from bringing a common-law suit for damages against the employer. The exclusive nature of the workers’ compensation remedy thus leaves employers immune from common-law negligence actions by employees who accept the plan. An …

Judicial Rulemakers Held To Have Produced Federal Sentencing Guidelines Within Permissible Twilight Area In Which Branches Of Government Merge., Janis Hillman

St. Mary's Law Journal

No abstract provided.

The Political Economy Of Barry Commoner, James E. Krier

Articles

The centerpiece of what follows is an article by Barry Commoner that appeared in The New Yorker magazine in 1987.' The article, although an essentially popular work, is for several reasons worth the attention of a community professionally interested in law and the environment. First, it distills and supplements views that Commoner has advanced with much prominence throughout the life-twenty years to date-of the environmental movement in the United States. Thus it provides an opportunity for the present generation's students of environmental law, many of whom seem to know nothing of Commoner and his ideas, to become familiar with a …

Stratospheric Ozone Depletion: A Challenge For International Environmental Law And Policy, Ved P. Nanda

Michigan Journal of International Law

The first part of the article addresses the phenomenon of stratospheric ozone depletion, noting significant recent developments, and discussing their ramifications. This is followed by an inquiry into pertinent international and U.S. responses to ozone depletion. Recent developments in international environmental law provide an appropriate context for this inquiry. The adequacy of these responses is assessed in the next section. Recommendations follow in the concluding section.

Asserting And Defending Claims Involving An Fslic Relationship., Joe Phillips

St. Mary's Law Journal

No abstract provided.

Environmental Quality: Three Ways To Decide How Much To Spend, Marcia R. Gelpe

Faculty Scholarship

Federal and state laws limiting environmental emissions reflect three approaches to deciding how much money to spend on improving environmental quality. The balancing approach estimates the benefits of limiting emissions and the costs of meeting various limits, then sets limits at levels where benefits justify costs. The cost ignoring approach sets emissions limits at levels necessary to prevent environmental harm, without considering the costs of meeting those limits. Technology-based standards limit emissions to levels attainable using the best pollution control technology, as long as no significant environmental effects are known to occur at those levels. In this article, the author …

$500,000 Cap On Non-Economic Damages For Medical Malpractice Inconsistent With Open Courts Guarantee In Texas Constitution., Kathryn Kase

St. Mary's Law Journal

Abstract Forthcoming.

Government Action Does Not Violate Free Exercise Clause Of First Amendment When It Neither Coerces Action Contrary To Religious Beliefs Nor Prohibits Access To Practice Those Beliefs, But Merely Imposes An Incidental Burden On Religious Practice., Joani S. Harrison

St. Mary's Law Journal

Abstract Forthcoming.

Merger Doctrine No Defense To Deceptive Trade Practices Suit For Breach Of Express Warranty., Robert Carl Jones

St. Mary's Law Journal

No abstract provided.

Avoiding The Issue Of Whether Implied Warranties Extend To Professional Services By Defining Horse Training As A Modification Of An Existing Tangible Good., Wendy Hunkele

St. Mary's Law Journal

No abstract provided.

The Relationship Of Federal Income Taxes To Toxic Wastes: A Selective Study, Richard A. Westin

Law Faculty Scholarly Articles

More demanding federal regulation, universal local opposition to waste treatment and disposal facilities, and increased long-term liabilities for waste sites have substantially restricted the supply of licensed waste handlers and have sharply increased the costs of waste disposal. As a result of increased costs and downstream liabilities for cleanup, industrial generators have begun to examine more closely their waste management practices and opportunities they may have to reduce the amount of hazardous waste they generate.

The urgent need to marshal the full range of industrial strategies to achieve significant reduction in the amount and toxicity of hazardous waste and the …