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Articles 1 - 2 of 2
Full-Text Articles in Law
Finessing The Siting Conundrum, Michael B. Gerrard
Finessing The Siting Conundrum, Michael B. Gerrard
Faculty Scholarship
There is a place that today's industrial society desperately wishes to find. In prior eras, people sought Nirvana or the Fountain of Youth or Shangri-La – states of mind (or nothingness) as much as places, really. The object of today's quest has no neighbors, no endangered or threatened species, no hydraulic link to precious groundwater; ideally, it has no connection to the biosphere at all.
That place is called "away," as in, "Let's dig up this contamination and haul it away," or, "We need to take this waste away." The public and private sectors in the United States have spent …
The Dynamics Of Secrecy In The Environmental Impact Statement Process, Michael B. Gerrard
The Dynamics Of Secrecy In The Environmental Impact Statement Process, Michael B. Gerrard
Faculty Scholarship
The environmental impact review laws – the National Environmental Policy Act (NEPA) and its state counterparts – are premised on the idea of full and open disclosure. The notion underlying these laws is that if the government and the public are fully informed of the impacts of and alternatives to proposed actions, they will make wise decisions about whether and how to proceed. The Freedom of Information Act and its state counterparts even more explicitly seek to open up governmental deliberations to the public. Considered together, these two types of laws would lead one to believe that secrecy has little …