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University of Michigan Law School

1994

Environmental Law

Articles 1 - 8 of 8

Full-Text Articles in Law

The Case Against Intermediate Owner Liability Under Cercla For Passive Migration Of Hazardous Waste, Robert L. Bronston Dec 1994

The Case Against Intermediate Owner Liability Under Cercla For Passive Migration Of Hazardous Waste, Robert L. Bronston

Michigan Law Review

This Note argues that Congress intended disposal to have an active meaning and therefore that courts should not hold prior intermediate owners liable for the passive migration of hazardous waste under section 107(a)(2). Part I examines CERCLA's definition of disposal. This Part concludes that the language of the definition, though somewhat ambiguous, supports the active defuiition. Part II considers the history of both CERCLA and the Resource Conservation and Recovery Act (RCRA), which CERCLA amended, in order to determine whether Congress intended to require affirmative conduct on the part of intermediate owners as a prerequisite to liability. Part II …

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The New Gold Rush: Mine Tailings In Southeast Alaska And Perversion Of The Clean Water Act, Beth Leibowitz May 1994

The New Gold Rush: Mine Tailings In Southeast Alaska And Perversion Of The Clean Water Act, Beth Leibowitz

University of Michigan Journal of Law Reform

Part I of this Note provides a basic explanation of the mine tailings problem. Part II of this Note discusses the evolution of the agencies' tailings decision and the statutory and regulatory context in which it occurred. Part III outlines briefly the actual decision, which involved the theory that neither the EPA nor the Corps should apply the usual CWA permit requirements to the initial discharge of mine waste. Part IV evaluates the legal basis for that decision and concludes, based on the language of the CWA, the EPA's own prior policy, and judicial precedent, that the decision was without …

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Environmental Tqm: Anatomy Of A Pollution Control Program That Works!, E. Donald Elliott May 1994

Environmental Tqm: Anatomy Of A Pollution Control Program That Works!, E. Donald Elliott

Michigan Law Review

A Review of Total Quality Management: A Framework for Pollution Prevention by Quality Environmental Management Subcommittee, President's Commission on Environmental Quality

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Multidisciplinary Perspectives On The Improvement Of International Environmental Law And Institutions, Linda C. Reif Jan 1994

Multidisciplinary Perspectives On The Improvement Of International Environmental Law And Institutions, Linda C. Reif

Michigan Journal of International Law

Review of Environmental Change and International Law: New Challenges and Dimensions (Edith Brown Weiss ed.), Institutions for the Earth: Sources of Effective International Environmental Protection (Peter M. Haas, Robert O. Keohane, & Marc A. Levy eds.), and The Uncertain Promise of Law: Lessons from Bhopal. by Jamie Cassels

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Marketable Pollution Allowances (Great Lakes Symposium), James E. Krier Jan 1994

Marketable Pollution Allowances (Great Lakes Symposium), James E. Krier

Articles

In March 1993, the EPA auctioned off 150,010 sulfer dioxide emissions permits at the Chicago Board of Trade. The auction brought in $21.4 million and ushered in the Clean Air Act's market-based approach to sulfur dioxide control. Congress created these marketable pollution allowances (MPAs) under Title IV of the Clean Air Act Amendments of 19903 to regulate acid rain pollution. While most MPAs were bought by utilities, to be exchanged as a commodity according to need, some MPAs were removed from the market solely to prevent their use by polluters. The Cleveland-based National Healthy Air License Exchange bought one allowance …

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Roundtable Discussion: Science, Environment, And The Law, James E. Krier Jan 1994

Roundtable Discussion: Science, Environment, And The Law, James E. Krier

Articles

Science, environment, and the law is our topic. The problem of interest to me has to do with risk regulation and, more particularly, with the fact that technical and scientific views of risk differ dramatically from lay or public views. How is this conflict to be managed and resolved? I have to go through my account very quickly, given the time constraint, so let me mention that it is based on an article that sets out my arguments at length.'

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Institutional Misfits: The Gatt, The Icj & Trade-Environment Disputes, Jeffrey L. Dunoff Jan 1994

Institutional Misfits: The Gatt, The Icj & Trade-Environment Disputes, Jeffrey L. Dunoff

Michigan Journal of International Law

The central thesis of this article is that neither trade bodies, like the GATT or NAFTA, nor adjudicatory bodies, like the ICJ or the proposed International Court for the Environment, ought to resolve these issues. Instead, trade-environment conflicts should be heard before an institution that recognizes the interdependent nature of global economic and environmental issues and that has a mandate to advance both economic development and environmental protection. This body should have ready access to the scientific and technical expertise that would enable it to resolve trade-environment disputes knowledgeably. It should possess tools to encourage nations to comply with its …

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The End Of The World News (Symposium: Twenty-Five Years Of Environmental Regulation), James E. Krier Jan 1994

The End Of The World News (Symposium: Twenty-Five Years Of Environmental Regulation), James E. Krier

Articles

My title, but nothing else, owes to Anthony Burgess.' I like the ambiguity of Burgess's words. They could be a play on what an anchor says when she brings the night's news of the world to a close ("and that's the end of.. ."), or they could be the name of a doomsday periodical, or a headline announcing the bankruptcy of a tabloid, or, at the extreme, a reference to the end of the world. For my purposes, however, they signify the end of an era.

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