Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Environmental Law (22)
- Water Law (3)
- Administrative Law (2)
- Animal Law (2)
- Legal History (2)
-
- Constitutional Law (1)
- Consumer Protection Law (1)
- Courts (1)
- Earth Sciences (1)
- Energy and Utilities Law (1)
- Human Rights Law (1)
- Indigenous, Indian, and Aboriginal Law (1)
- International Law (1)
- Judges (1)
- Legislation (1)
- Natural Resources Law (1)
- Oceanography and Atmospheric Sciences and Meteorology (1)
- Physical Sciences and Mathematics (1)
- Institution
-
- Duke Law (4)
- Selected Works (4)
- American University Washington College of Law (2)
- Cleveland State University (2)
- Vanderbilt University Law School (2)
-
- Georgetown University Law Center (1)
- Lewis & Clark Law School (1)
- Maurer School of Law: Indiana University (1)
- Nova Southeastern University (1)
- Pace University (1)
- Syracuse University (1)
- University of Colorado Law School (1)
- University of Florida Levin College of Law (1)
- University of Kentucky (1)
- University of Miami Law School (1)
- Valparaiso University (1)
- Widener University Delaware Law School (1)
- Publication
-
- Duke Environmental Law & Policy Forum (3)
- James R. May (2)
- Law Faculty Articles and Essays (2)
- Vanderbilt Law School Faculty Publications (2)
- Animal Law Review (1)
-
- Articles (1)
- Articles by Maurer Faculty (1)
- Carmen G. Gonzalez (1)
- College of Law - Faculty Scholarship (1)
- David R. Hodas (1)
- Duke Law Journal (1)
- Elisabeth Haub School of Law Faculty Publications (1)
- Faculty Scholarship (1)
- Georgetown Law Faculty Publications and Other Works (1)
- Human Rights Brief (1)
- John C. Dernbach (1)
- Law Faculty Publications (1)
- Law Faculty Scholarly Articles (1)
- Publications (1)
- Sustainable Development Law & Policy (1)
- UF Law Faculty Publications (1)
- Publication Type
Articles 1 - 26 of 26
Full-Text Articles in Law
Discretion And The Criminalization Of Environmental Law, Charles J. Babbitt, Dennis C. Cory, Beth L. Kruchek
Discretion And The Criminalization Of Environmental Law, Charles J. Babbitt, Dennis C. Cory, Beth L. Kruchek
Duke Environmental Law & Policy Forum
No abstract provided.
Use Of Lawyer-Client Privileged Information By In-House Counsel Whistleblowers In Their Own Retaliatory Discharge Actions Under The Environmental Laws, David A. Drachsler
Use Of Lawyer-Client Privileged Information By In-House Counsel Whistleblowers In Their Own Retaliatory Discharge Actions Under The Environmental Laws, David A. Drachsler
Duke Environmental Law & Policy Forum
No abstract provided.
It's A Small World After All: Making The Case For The Extraterritorial Application Of The National Environmental Policy Act, Browne C. Lewis
It's A Small World After All: Making The Case For The Extraterritorial Application Of The National Environmental Policy Act, Browne C. Lewis
Law Faculty Articles and Essays
The purpose of this article is to illustrate why NEPA should be applied extraterritorially. For purposes of this article, extraterritorially means "beyond the territorial jurisdiction of the United States." Section One discusses the mandates of NEPA and its importance to the protection of the environment. In the second section, the article addresses the historic treatment of the issue of NEPA' s extraterritorial application by the legislative, executive and judicial branches. The third section analyzes the possible future treatment of the issue by those branches. The fourth section consists of a discussion of the reasons why NEPA should be applied extraterritorially. …
Commons Ignorance: The Failure Of Environmental Law To Produce Needed Information On Health And The Environment, Wendy E. Wagner
Commons Ignorance: The Failure Of Environmental Law To Produce Needed Information On Health And The Environment, Wendy E. Wagner
Duke Law Journal
One of the most significant problems facing environmental law is the dearth of scientific information available to assess the impact of industrial activities on public health and the environment. After documenting the significant gaps in existing information, this Article argues that existing laws both exacerbate and perpetuate this problem. By failing to require actors to assess the potential harm from their activities, and by penalizing them with additional regulation when they do, existing laws fail to counteract actors' natural inclination to remain silent about the harms that they might be causing. Both theory and practice confirm that when the stakes …
Section 404 At Thirty-Something: A Program In Search Of A Policy, Alyson C. Flournoy
Section 404 At Thirty-Something: A Program In Search Of A Policy, Alyson C. Flournoy
UF Law Faculty Publications
This article focuses on three controversies that have dominated debate over wetlands -- jurisdiction, delineation, and the scope of activities regulated by section 404 -- and shows how the limitations inherent in section 404 have contributed to endless conflict over these issues, with little long-term benefit to policy development. This article examines why wetlands policy has failed to mature in its first thirty years.
Law, Policy, And The Clean Water Act: The Courts, The Bush Administration, And The Statute's Uncertain Reach, Michael P. Healy
Law, Policy, And The Clean Water Act: The Courts, The Bush Administration, And The Statute's Uncertain Reach, Michael P. Healy
Law Faculty Scholarly Articles
The development of the jurisdictional reach of the Clean Water Act ("CWA") reflects a hybrid of the judicial determination of the clear legal requirements of the CWA and the exercise of discretionary agency policymaking in the form of legal requirements that are binding on both agency and regulated party. This distinction in the content of administrative law was not altogether clear prior to the Supreme Court's 1984 decision in Chevron U.S.A. v. Natural Resources Defense Council. Today, the distinction is fundamental to administrative law and important to assessing the evolution of the scope of CWA jurisdictional waters because the …
Endangered Species Act Innovations In The Post-Babbittonian Era—Are There Any?, J. B. Ruhl
Endangered Species Act Innovations In The Post-Babbittonian Era—Are There Any?, J. B. Ruhl
Duke Environmental Law & Policy Forum
No abstract provided.
The Rise And Repose Of Tmdls On The Load To Perdition: Part I: Litigation, James R. May
The Rise And Repose Of Tmdls On The Load To Perdition: Part I: Litigation, James R. May
James R. May
No abstract provided.
In Search Of Themis: Toward The Meaning Of The Ideal Legislator--Senator Edmund S. Muskie And The Early Development Of Modern American Environmental Law, 1965-1968, Robert F. Blomquist
In Search Of Themis: Toward The Meaning Of The Ideal Legislator--Senator Edmund S. Muskie And The Early Development Of Modern American Environmental Law, 1965-1968, Robert F. Blomquist
Law Faculty Publications
No abstract provided.
Environmental Legal Professionalism Adapted To Citizen Suit Processes, Brion Blackwelder
Environmental Legal Professionalism Adapted To Citizen Suit Processes, Brion Blackwelder
Faculty Scholarship
No abstract provided.
Vantage Point & Issue Editor, Examining The Clean Air Act Issue, David R. Hodas
Vantage Point & Issue Editor, Examining The Clean Air Act Issue, David R. Hodas
David R. Hodas
No abstract provided.
Distributing The Costs Of Environmental, Health, And Safety Protection: The Feasibility Principle, Cost-Benefit Analysis, And Regulatory Reform, David M. Driesen
Distributing The Costs Of Environmental, Health, And Safety Protection: The Feasibility Principle, Cost-Benefit Analysis, And Regulatory Reform, David M. Driesen
College of Law - Faculty Scholarship
No abstract provided.
Judges And Other Lawmakers: Critical Contributions To Environmental Law Enforcement, Marcia E. Mulkey
Judges And Other Lawmakers: Critical Contributions To Environmental Law Enforcement, Marcia E. Mulkey
Sustainable Development Law & Policy
No abstract provided.
False Advertising, Animals, And Ethical Consumption, Carter Dillard
False Advertising, Animals, And Ethical Consumption, Carter Dillard
Animal Law Review
In light of the fact that today’s consumers often want their products to be created in the most environmentally-, globally-, and animal-friendly ways possible, unethical sellers sometimes succumb to the incentive to persuade consumers that goods were created more ethically than they actually were. This article investigates the ways that consumers can protect themselves from false advertising through the use of federal and state agencies, independant review, federal and state courts, and private attorneys general actions.
The Myth Of What Is Inevitable Under Ecosystem Management: A Response To Pardy, J.B. Ruhl
The Myth Of What Is Inevitable Under Ecosystem Management: A Response To Pardy, J.B. Ruhl
Vanderbilt Law School Faculty Publications
This article, second in a five-part dialogue appearing in the Pace ELR, responds to Professor Bruce Pardy's initial evaluation of ecosystem management. I defend ecosystem management, arguing it is not directed at changing nature as Pardy suggests.
How Many Times Do I Have To Tell You?! Epa's Ongoing Struggle With Data From Third-Party Pesticide Toxicity Studies Using Human Subjects, Heidi Gorovitz Robertson
How Many Times Do I Have To Tell You?! Epa's Ongoing Struggle With Data From Third-Party Pesticide Toxicity Studies Using Human Subjects, Heidi Gorovitz Robertson
Law Faculty Articles and Essays
This article addresses EPA's current and historic policy struggle regarding the position the Agency should take with respect to pesticide toxicity studies done by third parties in their attempts to register pesticides. Chemical companies often conduct these studies, or seek third-parties to do so, and submit the results to EPA in support of applications for pesticide registration. Although EPA had a high level joint Science Advisory Board/FIFRA Science Advisory Panel make recommendations to it on this subject in 1999, last year EPA asked the National Academy of Sciences to conduct additional, almost certainly duplicative review. Specifically, EPA has asked the …
Predictions And Prescriptions For The Endangered Species Act, Robert L. Fischman
Predictions And Prescriptions For The Endangered Species Act, Robert L. Fischman
Articles by Maurer Faculty
The thirtieth anniversary of the enactment of the modern Endangered Species Act (ESA) offers an irresistible excuse to suggest changes that are needed to set the statute, and the larger project of environmental protection, on course for greater effectiveness. The 1973 ESA is novel in its approach and reach, in that it reflects both the resource management and pollution control traditions in environmental law. Its evolution indicates broader trends in the legal landscape of environmental law.
Making predictions about the future of the ESA is a daunting task. Most predictions made thirty years ago about the statute proved to be …
Rainforest Chernobyl: Litigating Indigenous Rights And The Environment In Latin America, Steven R. Donziger
Rainforest Chernobyl: Litigating Indigenous Rights And The Environment In Latin America, Steven R. Donziger
Human Rights Brief
No abstract provided.
Tribal Sovereignty Over Water Quality, Jessica Owley
From Smokestack To Suv: The Individual As Regulated Entity In The New Era Of Environmental Law, Michael P. Vandenbergh
From Smokestack To Suv: The Individual As Regulated Entity In The New Era Of Environmental Law, Michael P. Vandenbergh
Vanderbilt Law School Faculty Publications
A debate between advocates of command and control regulation and advocates of economic incentives has dominated environmental legal scholarship over the last three decades. Both sides in the debate implicitly embrace the premise that regulatory measures should be directed almost exclusively at large industrial polluters. This Article asserts that for many pollutants the premise is no longer supportable, and that much of the focus of regulation in the future should turn to individuals and households. Examining a wide range of empirical data, the Article presents the first profile of individual behavior as a source of pollution. The profile demonstrates that …
Harnessing The Treaty Power In Support Of Environmental Regulation Of Activities That Don't "Substantially Affect Interstate Commerce", Katrina Fischer Kuh
Harnessing The Treaty Power In Support Of Environmental Regulation Of Activities That Don't "Substantially Affect Interstate Commerce", Katrina Fischer Kuh
Elisabeth Haub School of Law Faculty Publications
This Article proposes a framework for applying the treaty power that would accomplish the goal of environmental regulation. This framework would be applied where the President has signed, and Congress has ratified, a treaty and Congress has enacted domestic legislation in some way satisfying the goals or requirements of the treaty. Under this framework, the inquiry into whether the treaty power could appropriately be used by Congress in excess of its Article I, Commerce Clause powers would be indexed to the strength of (1) the contract-like nexus between the necessarily reciprocal requirements and the goals of the treaty and the …
Aquaculture And Pollutants Under The Clean Water Act: A Case For Regulation, Sean M. Helle
Aquaculture And Pollutants Under The Clean Water Act: A Case For Regulation, Sean M. Helle
Publications
No abstract provided.
Judging Environmental Law, Richard J. Lazarus
Judging Environmental Law, Richard J. Lazarus
Georgetown Law Faculty Publications and Other Works
The title of this Essay, "Judging Environmental Law," evokes several different themes. On the one hand, the title presents an occasion to discuss the role of judges in environmental law. On the other hand, it offers an opportunity to judge environmental law itself: whether environmental law is guilty, as charged by some in industry, of overreaching in its regulatory requirements; or, whether environmental law is instead guilty, as charged by some environmentalists, of underreaching, by failing to address pressing pollution control and natural resource management concerns. Finally, the title of the Essay possibly presents an occasion for a more theoretical …
The Availability Of State Environmental Citizen Suits, James R. May
The Availability Of State Environmental Citizen Suits, James R. May
James R. May
No abstract provided.
Introduction, Symposium Facing Climate Change: Opportunity And Tool For States, John C. Dernbach
Introduction, Symposium Facing Climate Change: Opportunity And Tool For States, John C. Dernbach
John C. Dernbach
No abstract provided.
Trade Liberalization, Food Security, And The Environment: The Neoliberal Threat To Sustainable Rural Development, Carmen G. Gonzalez
Trade Liberalization, Food Security, And The Environment: The Neoliberal Threat To Sustainable Rural Development, Carmen G. Gonzalez
Carmen G. Gonzalez
Even though food production has exceeded population growth in recent decades, world hunger continues to be a daunting problem. Progress in hunger reduction has slowed in recent years, and the number of undernourished people is growing in most of the developing world. Rampant hunger and malnutrition impair the economic performance of individuals, households, and entire nations, and can lead to political instability and social conflict. Food insecurity is often exacerbated by environmentally destructive farming practices that ultimately depress agricultural productivity. Environmental degradation is increasingly recognized as a major factor contributing to both food insecurity and civil strife. This article examines …