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Full-Text Articles in Law

George J. Mitchell: Maine's Environmental Senator, Michael R. Bosse Apr 2018

George J. Mitchell: Maine's Environmental Senator, Michael R. Bosse

Maine Law Review

The State of Maine is blessed with a history of impressive and respected politicians. Among others, the list includes James Blaine, Margaret Chase Smith, and Edmund S. Muskie. The State now must add the name of George J. Mitchell to these ranks. A native son of Waterville, Maine, he attended Bowdoin College, Georgetown University Law Center, and eventually catapulted himself into one of the most powerful political positions in the United States government when he was elected as majority leader of the United States Senate. During his tenure as majority leader, he helped to redefine the position through his strong …


Environmental Issues For The '90s: Golden-Cheeked Warblers And Yellowfin Tuna, Ernest E. Smith Apr 2018

Environmental Issues For The '90s: Golden-Cheeked Warblers And Yellowfin Tuna, Ernest E. Smith

Maine Law Review

Environmental issues have transformed the areas of law that I have taught for the last thirty-one years. A decade ago environmental law went virtually unmentioned in courses in property, domestic oil and gas law, and international transactions. By 1995 environmental concerns had moved from the periphery to center stage in these legal fields. To someone who teaches and writes about these subjects, the clearest manifestation of this development has been that virtually every first-year property casebook, mining or oil and gas law casebook, and international business transactions casebook, written in the last five years now includes segments on environmental law. …


Avoiding Septic Shock: How Climate Change Can Cause Septic System Failure And Whether New England States Are Prepared, Elena Mihaly Jan 2018

Avoiding Septic Shock: How Climate Change Can Cause Septic System Failure And Whether New England States Are Prepared, Elena Mihaly

Ocean and Coastal Law Journal

Climate change poses a number of difficult challenges to New England's infrastructure. The most commonly discussed impacts include flooding of roads, bridges, and culverts, or water damage to buildings and electric utilities. A less discussed, but equally alarming challenge to infrastructure is how climate change is impacting onsite wastewater treatment systems, more commonly known as septic systems. Almost half of homes in New England depend on septic systems to dispose of wastewater. When functioning properly, these systems filter out harmful bacteria and pathogens to ensure nearby groundwater and surface waters are safe for human health and the environment. But rising …


Environmens Rea, Anthony Moffa Jan 2018

Environmens Rea, Anthony Moffa

Faculty Publications

Many policymakers remain blind to the moral implications of environmental harm caused by government action (or inaction) and have not adequately considered how criminal law deals with similar immoral behavior in other contexts. Building from Lisa Heinzerling’s thought-provoking essay Knowing Killing and Environmental Law, this article considers the possibility of criminal culpability for environmental policy decisions and the implications of that potential culpability for decision-making and communication. It builds from the premise that morality and law universally condemn the knowing killing of other human beings. It matters not that the identities of the dead are unknown. What matters from the …