Law Commons^™

Environmental Law, Denis C. Yarborough

South Carolina Law Review

No abstract provided.

International Law In Asia: An Initial Review, Jeremy Thomas

Dalhousie Law Journal

It is now a little over half a century since the first of the states of Asia to be granted their independence in the aftermath of the Second World War became sovereign and independent of their former colonial masters. In that period there have been very substantial changes in international law. The number of the family of nations has more than tripled and international organisations and even individuals are now subject to the application of international law. Space law, human rights and the law of the environment have appeared, the law of the sea has been transformed, disarmament has reappeared …

Federal And State Water Quality Regulation And Law In Missouri, Peter N. Davis

Faculty Publications

This article discusses that law in two parts. The first part examines the federal and Missouri waste discharge regulatory system. The second part analyzes common law rights and remedies related to water pollution.

Clearing Muddy Waters: Anatomy Of The Comprehensive General Liability Pollution Exclusion , Nancer Ballard, Peter M. Manus

Cornell Law Review

No abstract provided.

State Control Of Great Lakes Water Diversion, J. David Prince

Faculty Scholarship

This article focuses on the law relevant to the issue of interbasin diversion of Great Lakes water, the policies reflected in that law, and the limitations of the law on such diversions and on the ability of the Great Lakes states to control proposed diversions. It concludes with an argument for regional as opposed to national or state-by-state decision making on the issue of diversions and a suggested mechanism for facilitating such regional decision making.

Industrial Waste: Saving The Worst For Last?, John C. Dernbach

John C. Dernbach

This article explains why industrial waste that is not legally hazardous must be given greater attention and regulatory oversight. Industrial waste (including coal ash) may represent as much as 94 percent of municipal, hazardous, and industrial wastes combined. The article explores the existing federal framework for industrial waste and looks at innovative state approaches, particularly the approach taken in Pennsylvania. The article recommends four national goals for addressing industrial waste: energy and materials conservation, environmental protection at waste management facilities, prompt and significant results, and genuine state and federal partnerships. The author suggests changes to the federal Resource Conservation and …

Small Automobiles Causing Large Air Pollution Problems On A Global Basis: The European Economic Community Can Learn And Live From United States Legislation, Christopher E. Mohney

Penn State International Law Review

This Comment will first examine current United States policy, standards, and regulation of the emissions dispelled by moving vehicles. Second, an introduction to the European Economic Community (EEC) standard will be set forth, followed by a brief discussion on legislative harmonization within the EEC. An analysis of the existing policy for the regulation of vehicle emissions within the Community will also be presented. Finally, since the proposed integration of the EEC is a key step on the way to creation of a "United States of Europe," the United States and EEC policies will be comparatively examined.

International Environmental Bankruptcy: An Overview Of Environmental Bankruptcy Law, Including A State's Claims Against The Multinational Polluter, Rick M. Reznicsek

Vanderbilt Journal of Transnational Law

This Note focuses on current environmental bankruptcy law in the United States. It analyzes the claims of a state against a corporate polluter when the corporation discharges a toxic substance in violation of the state's environmental laws, refuses to clean up the waste, and then files bankruptcy in lieu of paying for the cleanup.

This Note analyzes the court decisions subsequent to the United States Supreme Court opinions in Ohio v. Kovacs and Midlantic National Bank v. New Jersey Department of Environmental Protection to evaluate the current status of United States bankruptcy law on the issues of the automatic stay; …

Environmental Implications Of Developing The Nonliving Resources Situated In The Exclusive Economic Zone Of The United States, John W. Kindt

Vanderbilt Journal of Transnational Law

This Essay provides an overview of some of the environmental issues arising from mineral mining in the United States exclusive economic zone (EEZ). Professor Kindt points out that the United States establishment of a 200-mile EEZ, and the concomitant interest in mining the minerals found within it, prompted concerns over the environmental consequences of mining activities. Professor Kindt summarizes the guidelines for mining of hard minerals recently promulgated by the Department of the Interior (DOI) and examines the House of Representatives counterproposal, the National Seabed Hard Minerals Act of 1989 (NSHMA 1989). He notes that a prime difference between the …

Exploring The Last Frontiers For Mineral Resources: A Comparison Of International Law Regarding The Deep Seabed, Outer Space, And Antarctica, Barbara E. Heim

Vanderbilt Journal of Transnational Law

The nations of the world have begun to tap three resource areas--the deep seabed, outer space, and Antarctica. These areas are unique insofar as no nation can claim them exclusively as its own. As a result, these three areas raise unique international questions. Not only are they largely undisturbed, but these areas are also the testing ground for recently developed international treaties that attempt to usher in a new era of international cooperation. This Note examines both the exploration and exploitation of mineral resources in the deep seabed, outer space, and Antarctica. The physical nature of each area, the resources …

Will The Cercla Be Unbroken? Repairing The Damage After Fleet Factors, Sean P. Madden

Fordham Law Review

No abstract provided.

Global Warming: Integrating United States And International Law, Lakshman D. Guruswamy

Publications

No abstract provided.

The Viability Of Citizens’ Suits Under The Clean Water Act After Gwaltney Of Smithfield V. Chesapeake Bay Foundation, Bevery Mcqueary Smith

Scholarly Works

No abstract provided.

Trade Protectionism And Environmental Regulations: The New Nontariff Barriers, C. Ford Runge

Northwestern Journal of International Law & Business

This article reviews some economic and legal aspects of the growing role of environmental, health, and safety regulations operating as disguised barriers to trade. While this has always been a recognized problem in trade policy, the issue has gained new force as environmental policies move to the forefront of many national agendas. Because environmental standards have a growing national constituency, they are especially attractive candidates for disguised protectionism. International distinctions in the tolerable level of environmental risks are created because the weight attached to environmental standards tends to vary with the income levels of different countries. Incentives are created to …

The Controls On The Transfrontier Movement Of Hazardous Waste From Developed To Developing Nations: The Goal Of A "Level Playing Field", Michelle M. Vilcheck

Northwestern Journal of International Law & Business

In the 1970s, the United States Congress began passing national environmental legislation. One reason for such legislation was to "level the playing field" among the fifty states so that economic advantage did not accrue to one state at the expense of environmental quality and public health.' The world now faces a similar need for environmental legislation on an international level. Environmental laws of individual nations have become more and more divergent as developed countries, such as the United States, enact tougher environmental laws, while less developed nations fail to enact any environmental regulations. The variant standards of these environmental laws …

Doing Business Under Canadian Environmental Law, Jeffrey C. Bates, Gregory A. Bibler, David S. Blackmar

Northwestern Journal of International Law & Business

In recent years, the role of the environmental risk management has become increasingly significant to multinational corporations. Corporations from the United States and elsewhere are now undertaking aggressive assessments of environmental regulatory compliance, and are incorporating environmental due diligence into transactions such as mergers, acquisitions, joint ventures, and divestitures. The first step toward assessing compliance often involves interpretation of complex, vaguely written environmental statutes and regulations. Matters are made more difficult by the fact that each governmental structure is different, and environmental controls inevitably will be administered in ways unfamiliar to foreign companies, even in countries which have emulated the …

Penalties In Settlements Of Citizen Suit Enforcement Actions Under The Clean Water Act, Marcia R. Gelpe

Faculty Scholarship

This article critiques the feminist view Ute Gerhard offers in “Debating Women's Equality: Toward a Feminist Theory of Law from a European Perspective”. Throughout Debating Women's Equality, Gerhard appears to have three ambitious objectives in mind: (1) to decry the paucity of research into women's legal history while beginning to do the needed work, focusing primarily on Germany but also broadly exploring European trends, (2) to demonstrate that German/European women's legal history ultimately vindicates reliance on “equal rights” as a political strategy for women, and (3) to develop an understanding of legal equality that can serve as a meaningful tool …

Environmental Costs Of Electricity, Richard Ottinger, David Wooley, Nicholas Robinson, David Hodas, Susan Babb

David R. Hodas

No abstract provided.

Global Warming, David Hodas

David R. Hodas

No abstract provided.