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Articles 1 - 18 of 18
Full-Text Articles in Law
Science, Judgment, And Controversy In Natural Resource Regulation, (With H. Doremus), A. Dan Tarlock
Science, Judgment, And Controversy In Natural Resource Regulation, (With H. Doremus), A. Dan Tarlock
Dan Tarlock
Natural resource regulation is heavily "scientized," by which we mean both that the current regulatory structure requires the use of science in a wide range of decisions, and that decisionmakers generally emphasize the role of science in those decisions. Nonetheless, critics on all sides of the political spectrum claim to believe that regulatory decisions remain too political and insufficiently scientific. Administration of the Endangered Species Act (ESA) in the Klamath Basin illustrates the challenges of scientifically managing nature. A series of science-based decisions are needed, from species listing to consultation on federal actions. Those decisions carry substantial costs for the …
The Law Of Later-Developing Riparian States: The Case Of Afghanistan, (With J. Mcmurray), A. Dan Tarlock
The Law Of Later-Developing Riparian States: The Case Of Afghanistan, (With J. Mcmurray), A. Dan Tarlock
Dan Tarlock
No abstract provided.
A Shallow Fix: The Uniform Environmental Covenants Act Leaves Hard Brownfield Questions Unanswered, Paul Stanton Kibel
A Shallow Fix: The Uniform Environmental Covenants Act Leaves Hard Brownfield Questions Unanswered, Paul Stanton Kibel
Paul Stanton Kibel
No abstract provided.
There And Back Again: The Progression Of Regression Of Contribution Actions Under Cercla, Richard O. Faulk
There And Back Again: The Progression Of Regression Of Contribution Actions Under Cercla, Richard O. Faulk
Richard Faulk
Surely no environmental law controversy in recent memory has followed a path filled with more surprises and twists than the strange progression and regression of contribution claims under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). As a result of new developments, it is indeed difficult to "keep your feet" as the tides of change sweep away well-settled expectations-expectation~ that have guided the conduct of parties since the inception of cost recovery and contribution under federal environmental law. CERCLA was passed in 1980 to provide a way for governments and private parties to conduct cleanups and recover their cleanup …
On The Role Of Cost-Benefit Analysis In Environmental Law, Shi-Ling Hsu
On The Role Of Cost-Benefit Analysis In Environmental Law, Shi-Ling Hsu
Shi-Ling Hsu
Legal scholarship on the role of cost-benefit analysis in environmental law is often stimulating, but does not seem to be changing anybody's mind. The entrenchment of a camp of detractors and a camp of advocates of cost-benefit analysis parallels the impasse that has stymied environmental law for over a decade. Professors Lisa Heinzerling and Frank Ackerman have co-authored a book that captures most of the arguments from the detractor side, and have done so skillfully and powerfully. However, this review criticizes the book's contribution to perpetuating this intellectual stalemate. The book does this by focusing on an environmental theory of …
Clinic Provides Environmental Defense, Legal Training, Kenneth T. Kristl
Clinic Provides Environmental Defense, Legal Training, Kenneth T. Kristl
Kenneth T Kristl
No abstract provided.
Where Constitutional Law And Environmental Law Intersect, James R. May
Where Constitutional Law And Environmental Law Intersect, James R. May
James R. May
No abstract provided.
Exploring The Complexities Of Environmental Justice, Serena M. Williams
Exploring The Complexities Of Environmental Justice, Serena M. Williams
Serena M Williams
No abstract provided.
Toxicology Litigation In North Carolina, Jill Fraley
Toxicology Litigation In North Carolina, Jill Fraley
Jill M. Fraley
No abstract provided.
Sustainable Development And The Marrakech Accords, David Hodas
Sustainable Development And The Marrakech Accords, David Hodas
David R. Hodas
The United Nations Framework Convention on Climate Change (UNFCCC) Conference of the Parties (COP) in Marrakech drafted a legal and institutional structure to govern various market-based mechanisms to limit greenhouse gas (GHG) emissions. This governance instrument incorporated both economic and environmental considerations at every stage of the decision-making process. The Marrakech Accords operational guidelines govern three alternative market-based approaches: Clean Development Mechanism; Joint Implementation; and Emissions Trading. The Marrakech Accords require the development of principles and rules for measuring emission baselines and additionality which define what is a valid GHG emission reduction, the degree sustainability influences project approval, and overall …
Contributing Author, David Wirth
Sustainable Development And Natural Governance: The Challenges Ahead, John Dernbach, Dan Tarlock
Sustainable Development And Natural Governance: The Challenges Ahead, John Dernbach, Dan Tarlock
John C. Dernbach
No abstract provided.
The Challenge Of High Priced Oil, David R. Hodas
Executive Privilege And Energy Policy, David R. Hodas
Executive Privilege And Energy Policy, David R. Hodas
David R. Hodas
No abstract provided.
The Aftermath Of Tmdl Litigation: Consent Decrees And Settlement Agreements, James R. May
The Aftermath Of Tmdl Litigation: Consent Decrees And Settlement Agreements, James R. May
James R. May
The Clean Water Act allows citizens to sue the EPA to “perform any act or duty…which is not discretionary,” and citizen suits have been influential in holding EPA responsible to the ideals of the CWA. This article describes the outcomes of three complex federal consent decrees to clean up waters and protect species in Pennsylvania, Delaware and Virginia through 2011.
Targets, Timetables And Effective Implementing Mechanisms: Necessary Building Blocks For Sustainable Development, John C. Dernbach
Targets, Timetables And Effective Implementing Mechanisms: Necessary Building Blocks For Sustainable Development, John C. Dernbach
John C. Dernbach
No abstract provided.
Of Square Pegs, Round Holes, And Recalcitrants Lying In The Weeds: Superfund's Legal Lessons For Everglades Restoration, Alfred R. Light
Of Square Pegs, Round Holes, And Recalcitrants Lying In The Weeds: Superfund's Legal Lessons For Everglades Restoration, Alfred R. Light
Alfred Light
No abstract provided.
Polluting Environment, Polluted Constitution: Is A 'Polluted' Constitution Worse Than A Polluted Environment?, Shubhankar Dam (Co-Author)
Polluting Environment, Polluted Constitution: Is A 'Polluted' Constitution Worse Than A Polluted Environment?, Shubhankar Dam (Co-Author)
Shubhankar Dam
The Indian Supreme Court has been praised as one of the most socially active courts in the world, especially so in the environmental field. Yet it is arguable that many of the benefits claimed for judicial involvement are far from real. Three phases of activism are identified. In the 1970s, the Court developed the concept of environmental rights based on ensuring that the directive principles of state policy and the fundamental right to life contained the Constitution worked in mutual support. This was followed by a period when the Court extended liability principles. The most recent and most controversial phase …