Law Commons^™

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

Articles by Maurer Faculty

No abstract provided.

Endangered Species Information: Access And Control, Robert L. Fischman, Vicky J. Meretsky

Articles by Maurer Faculty

No abstract provided.

Environmental Instrument Choice In A Second-Best World: A Comment On Professor Richards, Daniel H. Cole

Articles by Maurer Faculty

No abstract provided.

When Is Command-And-Control Efficient? Institutions, Technology, And The Comparative Efficiency Of Alternative Regulatory Regimes For Environmental Protection, Daniel H. Cole, Peter Z. Grossman

Articles by Maurer Faculty

Contrary to the conventional wisdom among economists and legal scholars, command-and-control (CAC) environmental regulations are not inherently inefficient or invariably less efficient than alternative "economic" instruments (EI). In fact, CAC regimes can be and have been efficient (producing net social benefits), even more efficient in some cases that alternative EI regimes.

Standard economic accounts of CAC are insensitive to the historical, technological, and institutional contexts that can influence (and sometimes determine) the efficiency of alternative regulatory regimes. A regime that is nominally or relatively efficient in one set of circumstances may be nominally or relatively inefficient in another. In some …

Learning From Nepa: Some Guidelines For Responsible Federal Risk Legislation, John S. Applegate, Celia Campbell-Mohn

Articles by Maurer Faculty

The past three or more Congresses have seen substantial efforts to enact "risk reform" legislation that would require environmental, health, and safety regulations to be adopted following the performance of risk assessments modeled on quantitative risk assessment methods for carcinogens. While such a requirement has potentially beneficial effects on the quality of the resulting rules, there is also a substantial potential for mischief by reorienting substantive environmental, health, and safety regulation, and by introducing substantial new costs and delays into the regulatory process. This article, which is derived from a report by the authors to support an American Bar Association …

Book Review. National Security And Environmental Protection: The Half-Full Glass, John S. Applegate

Articles by Maurer Faculty

No abstract provided.

Clearing The Air: Four Propositions About Property Rights And Environmental Protection, Daniel H. Cole

Articles by Maurer Faculty

No abstract provided.

Risk Assessment, Redevelopment, And Environmental Justice: Evaluating The Brownfields Bargain, John S. Applegate

Articles by Maurer Faculty

No abstract provided.

Short Changing Short-Term Risk: A Study Of Superfund Remedy Selection, John S. Applegate, Steven M. Wesloh

Articles by Maurer Faculty

Unlike most environmental statutes, CERCLA requires a lengthy period of labor-intensive activity to achieve its clean-up goals. This aspect of the Superfund program does not receive sufficient attention in policy and legal analyses of CERCLA, nor during site-specific remedy selection decision-making. The risks of the remediation period-to workers, to site neighbors, and to the natural environment-are substantial, as this Article illustrates. However, the confusing and sometimes dismissive treatment of remediation risk in the EPA 's detailed guidance for Superfund decision-makers invites the neglect of the short-term effectiveness criterion in the remedy selection process. A study of remedy selection documents in …

Comparative Risk Assessment And Environmental Priorities Projects: A Forum, Not A Formula, John S. Applegate

Articles by Maurer Faculty

No abstract provided.

The Problem Of Statutory Detail In National Park Establishment Legislation And Its Relationship To Pollution Control Law, Robert L. Fischman

Articles by Maurer Faculty

No abstract provided.

Accounting For Sustainable Development, Daniel H. Cole

Articles by Maurer Faculty

No abstract provided.

The Role Of Riparian Water Law In Protecting Biodiversity: An Indiana (Usa) Case Study, Robert L. Fischman

Articles by Maurer Faculty

This article discusses how the rules affecting the use of surface water ground water in a typical riparian state, Indiana, can promote the conservation biological diversity. The article first surveys the basic water laws that apply to surface water, diffused surface water, underground streams, and ground water. The rules governing the uses of these waters originate in common law property doctrines and substantially clarified by state legislation. Next the article considers state administration of water. The article examines regulatory tools and administrative opportunities control uses of water in a manner that protects biodiversity. Programs requiring permits for construction in floodplains, …

Poland's Progress: Environmental Protection In A Period Of Transition, Daniel H. Cole

Articles by Maurer Faculty

No abstract provided.

A Beginning And Not An End In Itself: The Role Of Risk Assessment In Environmental Decision-Making, John S. Applegate

Articles by Maurer Faculty

No abstract provided.

An Outline History Of Environmental Law And Administration In Poland, Daniel H. Cole

Articles by Maurer Faculty

No abstract provided.

How To Save The National Priorities List From The D.C. Circuit -- And Itself, John S. Applegate

Articles by Maurer Faculty

No abstract provided.

The Earth As Eggshell Victim: A Global Perspective On Domestic Regulation, Alfred C. Aman

Articles by Maurer Faculty

In the now famous case of Vosburg v. Putney, the Wisconsin Court enunciated the common law doctrine since known as the "eggshell skull" or "thin skull" rule: you take your victim as you find him. The thin skull rule is a productive starting point for a dialogue on the place of law in any effort to control (or reverse) the cumulative damage to the planet's ecosystem. Any such dialogue requires a global perspective that fuses international and domestic approaches to law. Environmental law must assess not only the level of assault against the earth, but also the risk of the …

Marxism And The Failure Of Environmental Protection In Eastern Europe And The U.S.S.R., Daniel H. Cole

Articles by Maurer Faculty

No abstract provided.

Administrative Appeal Reform: The Case Of The Forest Service, Robert L. Fischman, Bradley C. Bobertz

Articles by Maurer Faculty

No abstract provided.

Clear The Air, Robert L. Fischman

Articles by Maurer Faculty

No abstract provided.

Biological Diversity And Environmental Protection: Authorities To Reduce Risk, Robert L. Fischman

Articles by Maurer Faculty

No abstract provided.

Endangered Species Conservation: What Should We Expect Of Federal Agencies?, 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

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 …

Global Warming And Property Interests: Preserving Coastal Wetlands As Sea Levels Rise, Robert L. Fischman

Articles by Maurer Faculty

No abstract provided.

Cleaning Up Krakow: Poland's Ecological Crisis And The Political Economy Of International Environmental Assistance, Daniel H. Cole

Articles by Maurer Faculty

No abstract provided.

The Perils Of Unreasonable Risk: Information, Regulatory Policy, And Toxic Substances Control, John S. Applegate

Articles by Maurer Faculty

No abstract provided.

Corporatisation: Implementing Forest Management Reform In New Zealand, Robert L. Fischman, Richard L. Nagle

Articles by Maurer Faculty

No abstract provided.

Liability Rules For Surface Water Drainage: A Simple Economic Analysis, Daniel H. Cole

Articles by Maurer Faculty

No abstract provided.

The Growing International Dimension To Environmental Issues, A. James Barnes

Articles by Maurer Faculty

No abstract provided.