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Full-Text Articles in Law

California Comparative Risk Project (1994). Toward The 21st Century: Planning For The Protection Of California's Environment, Alan Ramo May 1994

California Comparative Risk Project (1994). Toward The 21st Century: Planning For The Protection Of California's Environment, Alan Ramo

Publications

Participants in the California Comparative Risk Project were charged with identifying environmental threats of the greatest ecological, human health, and societal concern using the risk ranking model. However, agreeing that risk is not the only factor that should be considered, our project also examined how economics, pollution prevention, environmental justice, education, and public participation contribute to environmental decision-making. The unique inclusion of this aspect in our project was in response to a growing debate nationally and in California about the limitations of a risk-ranking model for setting environmental priorities. The findings and recommendations of the California Comparative Risk Project are …


Russia's Wild East: Ecological Deterioration And The Rule Of Law In Siberia, Paul Stanton Kibel Jan 1994

Russia's Wild East: Ecological Deterioration And The Rule Of Law In Siberia, Paul Stanton Kibel

Publications

Although there are now greater environmental protections on the Russian law books, these protections have so far done little to improve ecological conditions in Siberia. This article examines how the dramatic political and legal changes in Russia have affected Siberian nature conservation and environmental protection. More specifically, it seeks to explain why, despite the significant restructuring of political power and the increasingly open discussion of ecological issues, the Siberian environment continues to deteriorate. The article begins with an analysis of existing ecological and economic conditions in Siberia. It then considers how the legal legacy of the USSR has hindered recent …


Strategies For Environmental Justice: Rethinking Cercla Medical Monitoring Lawsuits, Colin Crawford Jan 1994

Strategies For Environmental Justice: Rethinking Cercla Medical Monitoring Lawsuits, Colin Crawford

Publications

This Article argues that by concentrating largely on expanding the scope of constitutional jurisprudence, lawyers and legal academics have failed to examine possibilities for strategic lawsuits using the elaborate array of existing federal environmental statutes. Specifically, both lawyers and legal academics have needlessly neglected or shied away from the medical monitoring lawsuit available under section 107(a)(4)(B) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), to the disadvantage of potential environmental justice plaintiffs.


The Low-Level Radioactive Waste Policy Amendments Act: An Overview, Deborah M. Mostaghel Jan 1994

The Low-Level Radioactive Waste Policy Amendments Act: An Overview, Deborah M. Mostaghel

Publications

This paper, answering questions raised in an earlier article, first sets out the events and policies that led to the enactment of the federal law and amendments that authorize state-organized regional radioactive waste disposal. After analyzing what the amended statute requires, it examines the states' progress in forming and siting compacts. This article also considers the effects of state challenges to the Act and its Amendments. Finally, the conclusion notes problem areas that should be addressed with regard to nuclear waste disposal.