Law Commons^™

"Greening" The Constitution - Harmonizing Environmental And Constitutional Values, Robert V. Percival

Faculty Scholarship

No abstract provided.

Sprawl, Growth Boundaries And The Rehnquist Court , Michael E Lewyn

Michael E Lewyn

This article addresses the constitutionality and wisdom of Oregon's urban growth boundary (UGB) program. The article concludes that the program is constitutional under current precedent, and that (contrary to claims made by UGB critics) there is little evidence that the UGB has caused Oregon's runup in housing prices. On the other hand, UGB supporters may have exaggerated the UGB's positive environmental results.

Recent Developments Concerning Environmental Law And Agriculture, Linda A. Malone

Faculty Publications

No abstract provided.

Awkward Evolution: Citizen Enforcement At The North American Environmental Commission, Paul Stanton Kibel

Paul Stanton Kibel

No abstract provided.

Treaties In Collision: The Biosafety Protocol And The World Trade Organization Agreements, Sabrina Safrin

Rutgers Law School (Newark) Faculty Papers

In the event of a conflict between the requirements of the Biosafety Protocol, a multilateral agreement governing the trade in genetically modified organisms, and the requirements of the General Agreement on Tariffs and Trade and associated agreements (collectively WTO Agreements), which treaty's requirements prevail? This question lies as the legal heart of the perceived conflict between trade globalization and environmental protection. This issue is particularly timely given the present trade dispute between the United States and European Union over the European Union’s restrictions on the importation of genetically modified agricultural commodities.

In this piece, I analyze the relationship between these …

Why Lawyers Should Care, John C. Dernbach

John C. Dernbach

No abstract provided.

Current Developments: The Sixth Session (Part Two) And Seventh Session Of The Conference Of The Parties To The Framework Convention On Climate Change, David A. Wirth

David A. Wirth

No abstract provided.

Fourth Circuit Summary, Anne C. Dowling, Laurina Spolidoro

William & Mary Environmental Law and Policy Review

No abstract provided.

Legal Ethics For Environmental Lawyers: Real Problems, New Challenges, And Old Values, Sanford M. Stein, Jan M. Geht

William & Mary Environmental Law and Policy Review

No abstract provided.

An Ivy League Mystery: The Lost Papers Of Arthur Linton Corbin, Scott D. Gerber

South Carolina Law Review

No abstract provided.

Senator Edmund S. Muskie And The Dawn Of Modern American Environmental Law: First Term, 1959-1964, Robert F. Blomquist

William & Mary Environmental Law and Policy Review

No abstract provided.

International Decisions. European Communities -- Measures Affecting Asbestos And Asbestos-Containing Products, David A. Wirth

David A. Wirth

No abstract provided.

Connecting Land, Water, And Growth (With L. Lucero), A. Dan Tarlock

All Faculty Scholarship

No abstract provided.

The Future Of Prior Appropriation In The West, A. Dan Tarlock

All Faculty Scholarship

No abstract provided.

The Potential Role Of Local Governments In Watershed Management, A. Dan Tarlock

All Faculty Scholarship

No abstract provided.

The Future Of Prior Appropriation In The West, A. Dan Tarlock

Dan Tarlock

No abstract provided.

Connecting Land, Water, And Growth (With L. Lucero), A. Dan Tarlock

Dan Tarlock

No abstract provided.

The Potential Role Of Local Governments In Watershed Management, A. Dan Tarlock

Dan Tarlock

No abstract provided.

The Current State Of Environmental Criminal Enforcement In Louisiana, An Insider’S View, Beau James Brock

Beau James Brock

The costs of committing environmental crimes are going up in Louisiana as increased enforcement by EPA-CID has been initiated with other federal and state partners.

What Lawmakers Can Learn From Large-Scale Ecology, Fred P. Bosselman

All Faculty Scholarship

No abstract provided.

What Lawmakers Can Learn From Large-Scale Ecology, Fred P. Bosselman

Fred P. Bosselman

No abstract provided.

Strengthening Sustainable Development In Regional Inter-Governmental Governance: Lessons From The 'Asean Way', Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

ASEAN was founded with the 1967 Bangkok Declaration in order to encourage stable relations among its original member states, i.e. Indonesia, Malaysia, Singapore, Thailand and the Philippines, and to resist destabilizing influences from the war in Viet Nam. The means to stability was to promote economic, social and cultural cooperation in the spirit of equality and partnership. A formal treaty system was not required. As the Viet Nam war ended, ASEAN held its first Summit Meeting in Bali (1976), followed by the 1977 Summit in Kuala Lumpur, where cooperation on regional industrializations was launched. In this first phase of cooperation, …

Dean's Foreword, David S. Cohen

Elisabeth Haub School of Law Faculty Publications

This issue of the Pace Environmental Law Review contains a description of this emerging field of law and the response of the academic and legal community to it. As Professor Nolon reports in his introduction, we found eloquent coherence in these laws and saw how they fit together to form a comprehensive whole. We examined state statutes that authorized local governments to adopt environmental laws and discovered that they were diverse in nature but prevalent in many states. We also found state court decisions that upheld local environmental laws against the challenges of regulated property owners. We were troubled by …

A Game-Theoretic Approach To Regulatory Negotiation And A Framework For Empirical Analysis, Shi-Ling Hsu

Shi-Ling Hsu

While regulatory agencies have been engaging in negotiation with regulated parties and other stakeholders for decades now, careful study of the implications of such negotiations have lagged. In particular, while several commentators have now staked out intellectual ground on the theoretical ramifications of regulatory negotiation, empirical analyses of regulatory negotiations have been lacking. This article analyzes the implications of regulatory "reinvention" as the latest in a series of administrative initiatives aimed at achieving better rulemaking and adjudication through negotiations. Reinvention is commonly understood to mean those programs that utilize negotiated agreements to implement regulatory requirements imposed by various environmental statutes. …

Learning From The President’S Council On Sustainable Development: The Need For A Real National Strategy, John C. Dernbach

John C. Dernbach

This is a review of United States sustainable development efforts at the national level from 1992-2002. At the United Nations Conference on Environment and Development in 1992, the United States and other countries agreed to develop and implement a national sustainable development strategy in order to fully integrate environmental matters into national decision making. In this period, the United States did not have such a strategy. Through much of the Clinton Administration, the President's Council on Sustainable Development (PCSD) (1993-1999) provided the basis for such a strategy through a rich variety of policy recommendations, but relatively little effort was made …

A Generational History Of Environmental Law And Its Grand Themes: A Near Decade Of Garrison Lectures, Jeffrey G. Miller

Elisabeth Haub School of Law Faculty Publications

I have been privileged to hear, enjoy and learn from the talks of each of our Garrison Lecturers during the last eight years, as well as our discussions with them here today. In preparation for my duties as a summarizer, I studied their talks, printed in our Pace Environmental Law Review. I was delighted to find that the body of their commentary is far more than the sum of its parts. Together our lecturers take us on a grand journey through the history of modern environmental law, its heroes and villains, its accomplishments and its weaknesses. Together they sound all …

Water Quality Trading: Bringing Market Forces To Bear In Watersheds, Alexandra Dapolito Dunn

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

On Revolution And Wetland Regulations, Michael J. Gerhardt

Faculty Publications

No abstract provided.

The Myths And Truths That Ended The 2000 Tmdl Program, Linda A. Malone

Faculty Publications

No abstract provided.

Renewable Energy Sources For Development, Richard L. Ottinger

Elisabeth Haub School of Law Faculty Publications

Renewable energy resources hold great promise for meeting the energy and development needs of countries throughout the world. This promise is particularly strong for developing countries where many regions have not yet committed to fossil fuel dominance. Solar photovoltaic and solar thermal technologies are particularly advantageous for serving the two billion people in rural areas without grid electricity. Modern biomass energy is attractive because it uses locally available agricultural wastes. Wind energy and small hydroelectric resources also are mature technologies well suited to developing countries. Such renewable resources are far more economical than traditional energy resources, especially where the costs …