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Articles 1 - 28 of 28
Full-Text Articles in Law
Can The Common Law Survive In The Modern Statutory Environment, H. Marlow Green
Can The Common Law Survive In The Modern Statutory Environment, H. Marlow Green
Cornell Journal of Law and Public Policy
No abstract provided.
Self-Interest, Politics And The Environment—A Response To Professor Schroeder, Donald T. Hornstein
Self-Interest, Politics And The Environment—A Response To Professor Schroeder, Donald T. Hornstein
Duke Environmental Law & Policy Forum
No abstract provided.
Rational Choice Versus Republican Moment Explanations For Environmental Laws, 1969-73, Christopher H. Schroeder
Rational Choice Versus Republican Moment Explanations For Environmental Laws, 1969-73, Christopher H. Schroeder
Duke Environmental Law & Policy Forum
No abstract provided.
Strange Bedfellows Make Normal Politics: An Essay, R. Shep Melnick
Strange Bedfellows Make Normal Politics: An Essay, R. Shep Melnick
Duke Environmental Law & Policy Forum
No abstract provided.
Environmental Legislation And The Problem Of Collective Action, Robert V. Percival
Environmental Legislation And The Problem Of Collective Action, Robert V. Percival
Duke Environmental Law & Policy Forum
No abstract provided.
The Legislation Of Unintended Consequences, Rena I. Steinzor
The Legislation Of Unintended Consequences, Rena I. Steinzor
Duke Environmental Law & Policy Forum
No abstract provided.
Pangloss Was Right: Reforming Congress Is Useless, Expensive, Or Harmful, Michael C. Munger
Pangloss Was Right: Reforming Congress Is Useless, Expensive, Or Harmful, Michael C. Munger
Duke Environmental Law & Policy Forum
No abstract provided.
Bennet V. Spear: Lions, Tigers And Bears Beware; The Decline Of Environmental Protection, Preeti S. Chaudhari
Bennet V. Spear: Lions, Tigers And Bears Beware; The Decline Of Environmental Protection, Preeti S. Chaudhari
Northern Illinois University Law Review
The conservationist purpose of several environmental statutes is eroding. This casenote examines the Supreme Court's decision in Bennett v. Spear, in which the Court expanded standing by holding that even commercial entities may sue under the Endangered Species Act's citizen suit provision. The Note traces the progression and development of standing, both generally and with respect to federal environmental statutes. It then analyzes the Bennett v. Spear decision, focusing on the Supreme Court's shift away from environmental interests and toward those of commerce. Finally, the author offers three strategies to restore the environmental protectionist purpose of the Endangered Species Act.
Beyond The Usual Suspects: The Use Of Citizens Advisory Boards In Environmental Decisionmaking, John S. Applegate
Beyond The Usual Suspects: The Use Of Citizens Advisory Boards In Environmental Decisionmaking, John S. Applegate
Indiana Law Journal
No abstract provided.
Environmental Audits, Privileges From Disclosure, And Small Business Penalty Policies, James E. Meason
Environmental Audits, Privileges From Disclosure, And Small Business Penalty Policies, James E. Meason
Northern Illinois University Law Review
Federal environmental enforcement is currently on the rise. United States Environmental Protection Agency ("USEPA") statistics indicate an increase in criminal prosecutions and the targeting of individual employees. It is the government's hope to encourage individuals to pay greater attention to environmental laws and regulations. The author contends that knowledge of USEPA's new environmental audit policy is the best protection against criminal prosecution for environmental violations. Under the new audit policy, a company can qualify for 100% punitive penalty reduction by discovering violations through a self-imposed environmental audit and expeditiously remedying those violations. Moreover, the USEPA interim policy implemented on June …
Negotiating Resolution Of Environmental Enforcement Actions, Jon S. Faletto
Negotiating Resolution Of Environmental Enforcement Actions, Jon S. Faletto
Northern Illinois University Law Review
The author asserts that aggressive identification and correction of compliance problems are the best defenses in an environmental enforcement action. The purpose of the article is to provide an understanding of how civil penalties in environmental enforcement actions are calculated. The author suggests ways in which the civil penalties can be reduced and ways to secure some "return of value" to the company. The author also addresses the concept of recouping the economic benefit of non-compliance. Finally, the author suggests that there may be unanticipated consequences of settling an environmental enforcement action.
Symposium Luncheon Address, Claire A. Manning
Symposium Luncheon Address, Claire A. Manning
Northern Illinois University Law Review
Overview of the role and function of the Illinois Pollution Control Board in citizen enforcement and other actions, and the Board's role in recent environmental achievements.
Think Globally, (En)Act Locally: Promoting Effective National Environmental Regulatory Infrastructures In Developing Nations, Edward D. Mccutcheon
Think Globally, (En)Act Locally: Promoting Effective National Environmental Regulatory Infrastructures In Developing Nations, Edward D. Mccutcheon
Cornell International Law Journal
No abstract provided.
The Seven Degrees Of Relevance: Why Should Real-World Environmental Attorneys Care Now About Sustainable Development Policy?, J. B. Ruhl
Duke Environmental Law & Policy Forum
No abstract provided.
England's Contaminated Land Act Of 1995: Perspectives On America's Approach To Hazardous Substance Cleanups And Evolving Principles Of International Law, Michael P. Healy
England's Contaminated Land Act Of 1995: Perspectives On America's Approach To Hazardous Substance Cleanups And Evolving Principles Of International Law, Michael P. Healy
Law Faculty Scholarly Articles
An important contemporary problem in environmental regulation concerns the cleanup of property that is an unfortunate legacy of the modem industrial age—acres of land affected by past inadequate disposals of toxic substances. The United States began to address this problem in 1980 with the enactment of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). CERCLA establishes both a liability regime for assigning the costs of cleaning up lands contaminated by the release of hazardous substances and regulatory requirements defining how those cleanups are to be pursued. In 1995, England enacted the Contaminated Land Act (alternatively referred to as the …
Sustainable Development As A Framework For National Governance, John C. Dernbach
Sustainable Development As A Framework For National Governance, John C. Dernbach
John C. Dernbach
No abstract provided.
Reflections On Comparative Law, Environmental Law, And Sustainability, John C. Dernbach
Reflections On Comparative Law, Environmental Law, And Sustainability, John C. Dernbach
John C. Dernbach
No abstract provided.
Special Committee On Climate Change And Sustainable Development: 1997 Annual Report, David R. Hodas
Special Committee On Climate Change And Sustainable Development: 1997 Annual Report, David R. Hodas
David R. Hodas
No abstract provided.
Free Lunch Or Cheap Fix?: The Emissions Trading Idea And The Climate Change Convention, David M. Driesen
Free Lunch Or Cheap Fix?: The Emissions Trading Idea And The Climate Change Convention, David M. Driesen
College of Law - Faculty Scholarship
Emissions trading has become a key component of U.S. environmental legal regimes. The U.S. has successfully lobbied to make international environmental benefit trading, an expanded form of emissions trading, a part of international efforts to address the threat of global climate change through the Framework Convention on Climate Change and the Kyoto Protocol to that Convention. Legal scholars have lauded emissions trading as a "free lunch" that will encourage innovation, enhance democratic accountability, and reduce the cost of environmental cleanup. This article argues that emissions trading functions as a cheap fix, reducing short-term costs while tending to lessen innovation and …
Environmental Law At Maryland, No. 7, Winter-Spring 1998
Environmental Law At Maryland, No. 7, Winter-Spring 1998
Environmental Law at Maryland
No abstract provided.
The Goals Of Environmental Enforcement And The Range Of Enforcement Methods In Israel And In The United States, Marcia R. Gelpe
The Goals Of Environmental Enforcement And The Range Of Enforcement Methods In Israel And In The United States, Marcia R. Gelpe
Faculty Scholarship
The article examines enforcement of the environmental laws of Israel and of the United States. It concentrates on provisions for enforcement of the laws by government authorities--that is, either by administrative authorities or by the courts at the request of an administrative authority. Environmental laws in many jurisdictions may also be enforced by private actions. These private enforcement actions are not addressed specifically in this article, although much of what is said is also applicable to such actions.
Who Needs Congress? An Agenda For Administrative Reform Of The Endangered Species Act, J.B. Ruhl
Who Needs Congress? An Agenda For Administrative Reform Of The Endangered Species Act, J.B. Ruhl
Vanderbilt Law School Faculty Publications
This article comprehensively examines the history and content of the numerous administrative reforms of the Endangered Species Act program carried out under the tenure of Department of the Interior Secretary Bruce Babbitt. The assessment is that these reforms provide a tremendous impetus for innovation of species conservation.
The Seesaw Of Environmental Power From Epa To The States: National Environmental Performace Plans, Joyce M. Martin, Kristina Kern
The Seesaw Of Environmental Power From Epa To The States: National Environmental Performace Plans, Joyce M. Martin, Kristina Kern
Villanova Environmental Law Journal
No abstract provided.
Environmental Rights Statutes In The United States And Canada: Comparing The Michigan And Ontario Experiences, Joseph F. Castrilli
Environmental Rights Statutes In The United States And Canada: Comparing The Michigan And Ontario Experiences, Joseph F. Castrilli
Villanova Environmental Law Journal
No abstract provided.
Environmental Audits: An Analysis Of The Dilemma And An Assessment Of Oklahoma's Response, Patrick Decker Sachse
Environmental Audits: An Analysis Of The Dilemma And An Assessment Of Oklahoma's Response, Patrick Decker Sachse
Oklahoma Law Review
No abstract provided.
Why There Is No Defense Of Punitive Damages, W. Kip Viscusi
Why There Is No Defense Of Punitive Damages, W. Kip Viscusi
Vanderbilt Law School Faculty Publications
This paper is a response to the comments by David Luban and Theodore Eisenberg on my article on punitive damages to be published in the Georgetown Law Journal (1998) and entitled "The Social Costs of Punitive Damages against Corporations in Environmental and Safety Tort." Neither of these authors presents any evidence indicating that there is a determent effect of punitive damages. They suggest, however, that there could be retribution objectives or other rationales for punitive damages. In addition, they claim that punitive damages are predictable and that cognitive biases may not tilt juries against corporations. This paper reviews these diverse …
The Role Of Law In Defining Sustainable Development: Nepa Reconsidered, David R. Hodas
The Role Of Law In Defining Sustainable Development: Nepa Reconsidered, David R. Hodas
David R. Hodas
No abstract provided.
Foreword, David R. Hodas