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From Climate Change And Hurricanes To Ecological Nuisances: Common Law Remedies For Public Law Failures?, Stephen M. Johnson
From Climate Change And Hurricanes To Ecological Nuisances: Common Law Remedies For Public Law Failures?, Stephen M. Johnson
Articles
Part I of this article explores the role that the common law played in addressing environmental problems prior to the development of a robust public law regime in the 1970s and the changing role of common law as the new regime was implemented. Part II of the article examines the reasons why there has been a renaissance in common law actions and why the trend could continue. Part III of the article discusses the recent federal appellate court decisions that could accelerate the common law renaissance, as well as some other recent federal court decisions that could slow the renaissance. …
The Roberts Court And The Environment, Stephen M. Johnson
The Roberts Court And The Environment, Stephen M. Johnson
Articles
During the October 2008 Term, the Supreme Court decided five cases that raised issues of environmental law and the environment was the loser in each case. While it may be difficult to characterize the decisions of the Roberts Court, generally, as “pro-environment” or “antienvironment,” a couple themes consistently appear in the Court’s decisions. First, in most of the environmental cases, the Court has adopted a position advocated or defended by a federal, state or local government when governmental interests are at issue. Second, in all of the cases that implicate federalism concerns, the Court has rendered decisions that favor States’ …