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Articles by Maurer Faculty

Environmental Law

Environmental Protection Agency

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Full-Text Articles in Law

Habitat Federalism, Robert L. Fischman Jan 2006

Habitat Federalism, Robert L. Fischman

Articles by Maurer Faculty

THE COMMON IMAGE OF COOPERATIVE FEDERALISM INVOLVES the Environmental Protection Agency (EPA) inducing states to adopt permit and other pollution abatement programs. States can tailor some standards, but public health benchmarks and end-of-the-pipe technologies are uniform across the nation. Inducements include both carrots, mostly in the form of federal funds and flexibility, and sticks, mostly in the form of penalties and loss of control.

This essay discusses cooperative federalism for habitat conservation. Habitat federalism focuses more on ecology than chemistry, more on cities and counties than states, and more on place-based variation than on uniform standards. It is about how …


The Epa's Nepa Duties And Ecosystem Services, Robert L. Fischman Jan 2001

The Epa's Nepa Duties And Ecosystem Services, Robert L. Fischman

Articles by Maurer Faculty

No abstract provided.


Worst Things First: Risk, Information, And Regulatory Structure In Toxic Substances Control, John S. Applegate Jan 1992

Worst Things First: Risk, Information, And Regulatory Structure In Toxic Substances Control, John S. Applegate

Articles by Maurer Faculty

Scientific uncertainty is the characteristic problem of toxic substances control, and regulators lack the resources to resolve or significantly reduce uncertainty across all of the risks they must address. For this reason, the Environmental Protection Agency (EPA) has become intensely interested in setting priorities among its responsibilities. EPA lacks, however, a coherent framework within which to implement its findings. In this Article, Professor Applegate proposes that the current regulatory regime for toxic substances be restructured to emphasize thoughtful priority setting rather than unrealistic risk standards and deadlines. In his view, Congress should provide broad parameters for agency action in particular …


A Nonregulatory Challenge, A. James Barnes Aug 1986

A Nonregulatory Challenge, A. James Barnes

Articles by Maurer Faculty

No abstract provided.


Toxic Victim Compensation, A. James Barnes Dec 1983

Toxic Victim Compensation, A. James Barnes

Articles by Maurer Faculty

No abstract provided.


Environmental Controls: Water Pollution Control Act Of 1972, Nicholas L. White Jan 1975

Environmental Controls: Water Pollution Control Act Of 1972, Nicholas L. White

Articles by Maurer Faculty

No abstract provided.