Law Commons^™

Be Fruitful, And Multiply, And Replenish The Earth, And Subdue It: Third World Population Growth And The Environment, Omar Saleem

Journal Publications

No abstract provided.

State Private Property Rights Initiatives As A Response To "Environmental Takings", Nancie G. Marzulla

South Carolina Law Review

No abstract provided.

Alaska Supreme Court And Court Of Appeals Year In Review 1994, Laura E. Fahey, Steven D. Moore, James P. Ursomarso

Alaska Law Review

No abstract provided.

Bad Actor Statutes: An Environmental Trojan Horse?, Melissa J. Horne

Vanderbilt Law Review

Congress and the state legislatures have manifested their increasing concern for environmental protection over the past several years by focusing more attention on the punishment of those who violate environmental protection requirements. Rather than seeking to enforce environmental standards merely through civil penalties, lawmakers have imposed criminal penalties, including fines and even jail sentences, on those who violate environmental requirements, from plant managers all the way up the ladder to corporate officers.'

Lawmakers and agency officials have not limited their efforts to the conviction and punishment of environmental criminals, however. Many states have adopted so-called "bad actor" statutes that allow …

Current Issues In Environmental Law, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, W. Henry Graddy Iv, Jack C. Bender, Thomas W. Fitzgerald, Carl W. Breeding, Marcus P. Mcgraw, Phillip J. Shepherd, David J. Smart, Dennis J. Conniff, Lloyd R. Cress Jr., E. Douglas Stephan, James L. Dickinson, Todd E. Leatherman, Elizabeth U. Natter, W. Patrick Stallard, Rick L. Thomas, Bradley E. Dillon, Vanessa M. Berge, Ronald R. Van Stockum Jr.

Continuing Legal Education Materials

Materials from the Current Issues in Environmental Law seminar held by UK/CLE in April 1995.

When Does The Clock Start Ticking?: Applying The Statute Of Limitations In Asbestos Property Damage Actions , Alex J. Grant

Cornell Law Review

No abstract provided.

Biodiversity Federalism, A. Dan Tarlock

Maryland Law Review

No abstract provided.

Issues In The Measurement Of Biological Diversity, Andrew R. Solow, James M. Broadus

Vanderbilt Journal of Transnational Law

There are many national and international efforts to conserve biological diversity. However, since conservation resources are scarce, they must be used as effectively as possible. This Article examines recent developments in the definition and measurement of biological diversity . The authors explore the advantages and disadvantages of various measures of biological diversity, and the sensitivity of the optimal allocation of conservation resources to alternative measures. This Article demonstrates the importance of the choice of a biological diversity measure while simultaneously indicating that this choice is only one part of the ultimate goal of conservation.

Sustainable Development And The Use Of Covenants In Environmental Legislation, B. John Ovink

University of Miami International and Comparative Law Review

No abstract provided.

Hazardous Waste Exportation: The Global Manifestation Of Environmental Racism, Hugh J. Marbury

Vanderbilt Journal of Transnational Law

During the last decade, the United Nations and other international organizations have been struggling with the issue of hazardous waste exportation to developing countries. At the same time, the United States has been grappling with environmental racism. However, critics of both hazardous waste exportation and environmental racism have overlooked their similarities, namely, that hazardous waste exportation and environmental racism place a disproportionate burden on the same classes of people, the poor and minorities. The exportation of hazardous waste to developing countries is essentially environmental racism on an international scale.

This Note briefly explains the history and economic motivations behind hazardous …

Biodiversity: Opportunities And Obligations, Jonathan I. Charney

Vanderbilt Journal of Transnational Law

This issue of the Vanderbilt Journal of Transnational Law is devoted to the Symposium on Biological Diversity that was convened by the Journal at the Vanderbilt University School of Law on January 20-21, 1995. The focus of the Symposium was the United Nations Convention on Biological Diversity. Biological diversity is a relatively new term in international law and relations. The Biological Diversity Convention was one of the products of the United Nations Conference on Environment and Development (UNCED) that was held in Rio de Janeiro, Brazil in June of 1992. Since the Convention was a product of UNCED, its substance …

Two Propositions About Biodiversity, Clifford S. Russell

Vanderbilt Journal of Transnational Law

In his opening statement, Professor Russell gives two reasons why humankind should worry about the diversity of life on earth: (1) diversity is thought to make ecological systems more resilient to natural and man-made shocks; and (2) diversity provides a library of genetic information upon which society may draw. Professor Russell nevertheless warns against the notion that a 'safety-first" or safe minimum standard approach to environmental preservation is the correct response to these concerns. First, 'safety" is impossible to define. And, second, preserving all systems at all costs demands that society forego significant current economic rewards that result from altering …

Biodiversity In The Marine Environment: Resource Implications For The Law Of The Sea, Christopher C. Joyner

Vanderbilt Journal of Transnational Law

Professor Joyner begins by explaining what biodiversity is and how it is currently being threatened. He then describes the existing international prescriptions that relate to the preservation of biodiversity, including the Convention on Biodiversity, the Convention on the Law of the Sea, the Convention on the Prevention of Marine Pollution by Dumping and Other Matter, and the International Convention for the Prevention of Pollution from Ships. Professor Joyner examines how these prescriptions protect or fail to protect biodiversity in the marine environment, both independently and in conjunction with related international environmental law. Finally, he assesses how international organizations, regional protection …

Man Or Beast: The Convention On Biological Diversity And The Emerging Law Of Sustainable Development, W. Robert Ward

Vanderbilt Journal of Transnational Law

Mr. Ward explores the legal nature of the Convention on Biological Diversity by examining patterns in the development of international law. He considers two categories of global agreements: (1) novel issues agreements and (2) general principles agreements. The article defines these two types of agreements and then considers whether the Convention addresses a novel issue in conservation law. Mr. Ward argues that the Convention is instead a general principles agreement that marks a new development in international law. The article concludes by exploring how the Convention may influence the further evolution of the law of sustainable development.

Roundtable Discussion, Edgar J. Asebey, Jonathan I. Charney, Christopher C. Joyner, Lee A. Kimball, Catherine Tinker

Vanderbilt Journal of Transnational Law

Mr. Asebey: I agree with Professor Tinker absolutely about indigenous rights. But one thing we did not focus on very much, and I think is one of the most important aspects of conservation, is not how many species are or are not lost, and what the satisfactorily verifiable data establishes. If you go to Latin American and other developing countries, the people closest to biodiversity are the people who are most impacted by deforestation and some other destructive uses. These people who depend on the forest or the biosystems for their living, for their survival, they are being displaced all …

Responsibility For Biological Diversity Conservation Under International Law, Catherine Tinker

Vanderbilt Journal of Transnational Law

Professor Tinker begins with a general discussion of biodiversity law within the context of existing international environmental issues and traditional international lawmaking. The article analyzes the legal issues that attend the fulfillment of the objectives of the Biodiversity Convention. The article examines the work of the International Law Commission on state responsibility and liability for environmental harm. The article then explores the precautionary principle and argues that it should be more aggressively applied in order to fulfill the mandate of the Biodiversity Convention.

Combatting The Exotic Species Invasion: The Role Of Tort Liability, Daniel P. Larsen

Duke Environmental Law & Policy Forum

Introduction Present-day island and continental ecosystems began evolving millions of years before the human species appeared. These ecosystems became distinct as they developed in isolation from one another, due to natural barriers between them. Within the last 150 years, however, technology has enabled humanity to easily bridge continents and reach secluded islands. As a result, modern human vectors of transport are introducing exotic species 1 into ecosystems that have evolved autonomously for millions of years. Often, these non-native, immigrant species impact wildlife and ecosystem interactions so severely that they may be thought of as deadly "pollutants." Traditionally, environmental laws have …

The Regulation Of Hazardous Substances In Mexican Law, Carl E. Koller Lucio

Duke Environmental Law & Policy Forum

Introduction Unlike U.S. environmental legislation, which governs different environmental media and was instituted through various congressional Acts, 1 the current Mexican environmental legislation, implemented in 1988, covers the principal environmental media in one law. 2 This one law contains most of the implementation and enforcement mechanisms including the regulation of hazardous substances. There has been much debate and concern on both sides of the United States-Mexican border regarding Mexico's ability to strictly enforce its hazardous substance regulations. Furthermore, the North American Free Trade Agreement, which established an international Commission on Environmental Quality, will influence future use of trade laws to …

The Future Of Europe Lies In Waste, Daniel W. Simcox

Vanderbilt Journal of Transnational Law

This Note suggests that waste issues provide valuable insight into the European Community. As the Community has developed more fully into a common market, the movement of waste across national borders has caused concern in some member states. Waste has flowed from states with more restrictive environmental standards to those with less restrictive standards. In some states, the perceived increase in waste importation gave rise to public outcry for laws that banned any further waste importation.

After illustrating the problems by discussing a waste crisis in Belgium, this Note examines the European Community's response to such problems. This study reveals …

Symposium - Environmental Federalism: Historical Roots And Contemporary Models, Robert V. Percival

Maryland Law Review

No abstract provided.

The Practice Of Federalism Under The Clean Air Act, John P. Dwyer

Maryland Law Review

No abstract provided.

Federalism In Wetlands Regulation: A Consideration Of Delegation Of Clean Water Act Section 404 And Related Programs To The States, Oliver A. Houck, Michael Rolland

Maryland Law Review

No abstract provided.

Federalism Issues Related To The Probable Emergence Of The Toxic Substances Control Act, Jim Florio

Maryland Law Review

No abstract provided.

Limitations On State Agency Authority To Adopt Environmental Standards More Stringent Than Federal Standards: Policy Considerations And Interpretive Problems, Jerome M. Organ

Maryland Law Review

No abstract provided.

The Inadequacies Of Congressional Attempts To Legislate Federal Facility Compliance With Environmental Requirements, Melinda R. Kassen

Maryland Law Review

No abstract provided.

Our Federalism, Our Hazardous Waste, And Our Good Fortune

Maryland Law Review

No abstract provided.

A Comparison Of Environmental Federalism In The United States And The European Union, Clíona J.M. Kimber

Maryland Law Review

No abstract provided.

Structuring A Market-Oriented Federal Eco-Information Policy, Peter S. Menell

Maryland Law Review

No abstract provided.

Enforcement Of Environmental Law In A Triangular Federal System: Can Three Not Be A Crowd When Enforcement Authority Is Shared By The United States, The States, And Their Citizens?, David R. Hodas

Maryland Law Review

No abstract provided.

On The Topology Of Uniform Environmental Standards In A Federal System - And Why It Matters, James E. Krier

Maryland Law Review

No abstract provided.