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Table Of Contents

Journal of Environmental and Sustainability Law

No abstract provided.

Point: A Self-Evaluation Privilege Will Enhance Environmental Compliance In Missouri , Bradley S. Hiles

Journal of Environmental and Sustainability Law

No abstract provided.

Counterpoint: Environmental Audit Privilege Legislation: Secrecy And Forgiveness For Environmental Violators , Joseph P. Bindbeutel

Journal of Environmental and Sustainability Law

No abstract provided.

Proposed Methodology For Developing A Groundwater Classification System In Missouri , Greg Moldafsky

Journal of Environmental and Sustainability Law

No abstract provided.

Keys To Increasing Voluntary Cleanups In Missouri , George M. Von Stamwitz, Norella V. Huggins

Journal of Environmental and Sustainability Law

No abstract provided.

Cases To Watch

Journal of Environmental and Sustainability Law

No abstract provided.

To Intervene Or Not To Intervene: The Right Of Non-Settling Prps To Intervene In Cercla Litigation. United States V. Union Electric Co. , Erick Roeder

Journal of Environmental and Sustainability Law

No abstract provided.

Commerce Clause And Flow-Control: The Problems Of Regulating The Importation Of Solid Waste. National Solid Wastes Management Association V. Meyer, Rebecca Tenbrook

Journal of Environmental and Sustainability Law

No abstract provided.

Case Summaries

Journal of Environmental and Sustainability Law

No abstract provided.

Missouri Attorney General Enforcement Actions

Journal of Environmental and Sustainability Law

No abstract provided.

The Continuing Saga Of Environmental Cleanup Costs: Current Deduction Allowed Under The Restoration Principle Of Plainfield-Union, Steven G. Black

BYU Law Review

No abstract provided.

Only "Innocent" Parties Need Apply: The Death Of Private Party Cost Recovery Actions Under Superfund?, Mark A. Stach

William & Mary Environmental Law and Policy Review

No abstract provided.

Conflicting Directives: Water Quality And Appropriative Water Rights In The West, Alexandra E. Viscusi

William & Mary Environmental Law and Policy Review

No abstract provided.

Indoor Radon: Regulating A Blameless Cause, Karen Hoyden Curtin

Buffalo Environmental Law Journal

No abstract provided.

Risk Assessment And Environmental Justice: A Critique Of The Current Legal Framework And Suggestions For The Future, Kathy Bunting

Buffalo Environmental Law Journal

No abstract provided.

Insufficient Accountability: Case Study Of The Recycling Plan Of A Public Interest Research Group, David E. Seidemann

Buffalo Environmental Law Journal

No abstract provided.

Turtle Excluder Device Regulations: Laws Sea Turtles Can Live With, Kathleen Doyle Yaninek

North Carolina Central Law Review

No abstract provided.

International Law, Industrial Location, And Pollution, Duane Chapman, Jean Agras, Vivek Suri

Indiana Journal of Global Legal Studies

The dominant position of economists on trade and environment is that

increasing trade raises living standards, which provide the economic

basis for reduced pollution. Professors Chapman, Agras, and Suri

present a perspective that raises very different points. First, the dramatic

growth of manufacturing in East Asia for global markets is

based entirely (or nearly so) on the importation of processed

pollution-intensive raw materials. For a typical product in this global

system, a U.S. consumer purchasing an Asian product made from

imported resources benefits from a lower price and a cleaner local

environment; however, energy use and pollution associated with the …

Environmental Standards Within Nafta: Difference By Design And The Retreat From Harmonization, Jeffrey Atik

Indiana Journal of Global Legal Studies

Professor Atik argues that NAFTA, in legitimating regulatory differences among the NAFTA parties, represents a repudiation of standard harmonization. He states that while NAFTA and its environmental side agreement "have been described as the 'greenest' trade agreement to date," it marks a significant retreatfrom efforts to harmonize global environmental standards. This rejection is a product of "ajealous retention of sovereignty" by the NAFTA parties, as well as the careful maintenance of the parties' distinct production roles and specialities. Thus, Professor Atik argues that a convergence of standards will likely remain elusive within NAFTA. Both highstandard and low-standard parties may prefer …

Customary (And Not So Customary) International Environmental Law, Daniel Bodansky

Indiana Journal of Global Legal Studies

In this article, Professor Bodansky examines the creation and importance of customary international law. He suggests that the debate over the legal status of any given norm may be misplaced Instead, he suggests that international lawmakers should spend their time and energy incorporating norms, regardless of their true status, into "concrete treaties and actions." The author begins his discussion by providing a working definition of customary international law. He asserts that such law can be based not just on uniformities of state behavior, as is traditionally held, but also on regularities in behavior. Thus, customary international law can be formed …

Enforcement And The Success Of International Environmental Law, Mary Ellen O'Connell

Indiana Journal of Global Legal Studies

Professor O'Connell discusses the tradtional methods used for international law "enforcement," and she argues that international law is generally obeyed Its enforcement is based primarily on compliance, not enforcement. Accordingly, the author argues against using international enforcement mechanisms to enforce international environmental law. Instead, she posits that domestic courts should be used for international environmental law enforcement, however, certain obstacles, such as sovereign immunity, the doctrine of standing, and the principle of forum non conveniens, must be overcome. Professor O'Connell argues that it may be possible to overcome many of these court-made obstacles to enforcing international law through domestic courts. …

The Puzzling Relationship Between Trade And Environment: Nafta, Competitiveness, And The Pursuit Of Environmental Welfare Objectives, Ileana M. Porras

Indiana Journal of Global Legal Studies

The North American Free Trade Agreement (NAFTA) is often claimed to be a "promising beginning" for the reconciliation of trade and environment. Professor Porras, however, suggests that the form that "reconciliation" takes in NAFTA is extremely problematic. Harmonization of standards to facilitate the free flow of trade is a familiar trade goal. NAFTA's provisions regarding environmental standards, however, are not a straightforward requirement to harmonize standards. Rather, NAFTA recognizes state autonomy in standard setting, on the one hand, while requiring a form of upward harmonization, on the other. According to Professor Porras, the result of such an arrangement is the …

International Environmental Law And The "Bottom-Up" Approach: A Review Of The Desertification Convention, Kyle W. Danish

Indiana Journal of Global Legal Studies

The media was once filled with images of encroaching deserts and

starving populations. Attention has since shifted to other issues, but

the problems remain. Desertification is acute not only in familiar

desert regions such as the Sahara, but in regions such as the Sahelian

and Other drylands which comprise nearly thirty-five percent of the

earth's total land area. Mr. Danish analyzes the Desertification

Convention of 1995, discussing both the Convention's efforts to

address the environmental degradation and the Convention's impact

on international notions of the state, crafting large-scale responses,

and generating centralized regulation. This Convention employs a

"bottom-up" approach; it …

"For Our Own Good:" Federal Preemption Of State Tort Law - Risk, Regulation, And The Goals Of Environmental Protection, John Robertson

William & Mary Environmental Law and Policy Review

No abstract provided.

Fourth Circuit Summary, Editors Of The William & Mary Environmental Law And Policy Review

William & Mary Environmental Law and Policy Review

The Fourth Circuit Summary provides a summary of prevailingenvironmental decisions decided by the United States Court of Appeals for the Fourth Circuit since the last issue of the William and Mary Environmental Law and Policy Review. It does not cover every environmental decision of the Fourth Circuit during that time period, but only those cases which the editors believe to be of the most interest to our subscribers.

The Evolution Of Water Rights, Anthony Scott, Georgina Coustalin

Natural Resources Journal

No abstract provided.

The Use Of Alternative Dispute Resolution In Natural Resource Damage Assessments, Sarah L. Inderbitzin, Nicholas Targ, James L. Byrnes, Bruce A. Johnson

William & Mary Environmental Law and Policy Review

No abstract provided.

Canary In A Coal Mine? Federalism And The Failure Of The Clean Air Act Amendments Of 1990, Jeffrey Geiger

William & Mary Environmental Law and Policy Review

No abstract provided.

Introduction: International Environmental Law And Agencies: The Next Generation Symposium, Alfred C. Aman

Indiana Journal of Global Legal Studies

No abstract provided.

State And Tribal Water Quality Standards Under The Clean Water Act: A Case Study, Denise D. Fort

Natural Resources Journal

No abstract provided.