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Full-Text Articles in Law
Judges' Bench Memorandum: Fifteenth Annual Pace National Environmental Moot Court Competition, Megan Brillault
Judges' Bench Memorandum: Fifteenth Annual Pace National Environmental Moot Court Competition, Megan Brillault
Pace Environmental Law Review
No abstract provided.
Brief For The Appellant, United States: Fifteenth Annual Pace National Environmental Moot Court Competition, Della Au Belatti, Summer Kupau, Stanton K. Oishi
Brief For The Appellant, United States: Fifteenth Annual Pace National Environmental Moot Court Competition, Della Au Belatti, Summer Kupau, Stanton K. Oishi
Pace Environmental Law Review
No abstract provided.
Brief For The Appellant/Appellee, State Of New Union: Fifteenth Annual Pace National Environmental Moot Court Competition, Jill Brown, Melanie Kleiss, David Zoll
Brief For The Appellant/Appellee, State Of New Union: Fifteenth Annual Pace National Environmental Moot Court Competition, Jill Brown, Melanie Kleiss, David Zoll
Pace Environmental Law Review
No abstract provided.
Brief For The Appellee, Goldthumb Mining Co., Inc.: Fifteenth Annual Pace National Environmental Moot Court Competition, Deborah Dunn, Karolyn Klohe, Shawn Aaron Young
Brief For The Appellee, Goldthumb Mining Co., Inc.: Fifteenth Annual Pace National Environmental Moot Court Competition, Deborah Dunn, Karolyn Klohe, Shawn Aaron Young
Pace Environmental Law Review
No abstract provided.
Enforcing Environmental Norms: Diplomatic And Judicial Approaches, Nicholas A. Robinson
Enforcing Environmental Norms: Diplomatic And Judicial Approaches, Nicholas A. Robinson
Elisabeth Haub School of Law Faculty Publications
Environmental norms are observed because they are norms about how people respect each other and the natural systems that sustain human communities. Environmental norms are basic to human well-being. They arise out of the human condition, not unlike human rights laws. Environmental norms emerge from the fact that humans exist within ecosystems, and human society is embedded in the natural systems in which they have evolved; environmental norms are grounded in an objective reality, and scientists can measure the consequences of observing--or failing to observe--those norms. The provisions of environmental norms, therefore, exist not merely as pronouncements of governments, applied …
Land Preservation, John R. Nolon
Land Preservation, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
This exploration of local preservation law and practice recognizes the critical influences of federal, state, and regional governments. Local governments are instruments of state governments; municipalities derive their authority from state statutes. Extensive control over land use has been given to localities, but important powers have been retained. State governments are the partners of federal agencies that are charged with protecting environmental resources that are subject to federal jurisdiction. The land use system that has evolved over the last century in this country is intensely intergovernmental and interdependent. While this system was not designed as a whole and is often …
[Sjd Dissertation On Public Participation In South And North Korean Environmental Laws], Byungchun So
[Sjd Dissertation On Public Participation In South And North Korean Environmental Laws], Byungchun So
Dissertations & Theses
The primary aim of this thesis is to explore public participation in the environmental decision-making process for potential benefits in developing Korean environmental laws. Public participation contributes to sustainable development through effective environmental management; in addition, it improves accountability and transparency in the decision-making processes of governmental agencies as a complementary measure of direct and participatory democracy. Therefore, public participation is crucial not only to environmental protection but also to the development of democracy—two major concerns of Korea in the new Millennium.
Golden And Its Emanations: The Surprising Origins Of Smart Growth, John R. Nolon
Golden And Its Emanations: The Surprising Origins Of Smart Growth, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
This article provides the background for the adoption of the Ramapo ordinance, explains its precocious inventions in some detail, and describes other dramatic local inventions emanating from the Ramapo approach to smart growth. It ends with a reflection on the Quiet Revolution, the continuing disquiet that accompanies the spectacular smart growth inventions of local governments in this country, and modest recommendations for reform. Along the way, the reader will encounter the rebirth of performance zoning, local environmental laws that protect critical environmental resources, a local abandoned property reclamation act, the use of mediation to solve border wars between localities, an …
The Current Controversy Regarding Tmdls: Contemporary Perspectives "Tmdls And Pollutant Trading", Ann Powers
The Current Controversy Regarding Tmdls: Contemporary Perspectives "Tmdls And Pollutant Trading", Ann Powers
Elisabeth Haub School of Law Faculty Publications
The article first summarizes CWA requirements relevant to TMDLs and outlines elements of an effective trading program. It then examines the program recently established by the State of Connecticut to allow trading of nitrogen credits among sewage treatment plants on Long Island Sound to achieve an established TMDL, and the CWA issues presented. Finally, it gives a brief comparison to the program being designed for the Chesapeake Bay, for which no TMDL has been established. Current brief descriptive summaries of several often cited programs are appended.
Overlooked Issues In The "Diligent Prosecution" Citizen Suit Preclusion, Jeffrey G. Miller
Overlooked Issues In The "Diligent Prosecution" Citizen Suit Preclusion, Jeffrey G. Miller
Elisabeth Haub School of Law Faculty Publications
Congress sought to attain full compliance with environmental statutes. It reasoned that multiple enforcers would provide more comprehensive and effective enforcement than one enforcer. Congress therefore empowered the Environmental Protection Agency (EPA), the states and private citizens as enforcers of the statutes. However, Congress worried that successive actions by multiple enforcers could bring disruption and conflict to enforcement litigation and remedies. It therefore included in the citizen suit provision of each statute a limited, three-element notice, delay, and bar preclusion device to manage successive citizens' enforcement against the violations already subject to government enforcement. The device generally bars citizens from …
Is Citizen Suit Notice Jurisdictional And Why Does It Matter?, Karl S. Coplan
Is Citizen Suit Notice Jurisdictional And Why Does It Matter?, Karl S. Coplan
Elisabeth Haub School of Law Faculty Publications
The question of whether notice is jurisdictional or not has important ramifications for citizen suit litigation. The characterization of the notice requirement as “jurisdictional” implicates the proper procedure for raising notice objections, the means of curing notice defects, the question of waiver of notice objections, and the timing of raising notice objections. This article will conduct a brief review of the case law concerning the jurisdictional nature (or not) of the notice requirement, a consideration of the as-yet unnoticed impact of Steel Co. on the issue, and a discussion of the procedural and litigation ramifications of characterizing the notice element …
Piney Run: The Permits Are Not What They Seem, Jessica Owley Lippmann
Piney Run: The Permits Are Not What They Seem, Jessica Owley Lippmann
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
Foreword: Annual Review Of Environmental And Natural Resources Law, Jessica Owley Lippmann
Foreword: Annual Review Of Environmental And Natural Resources Law, Jessica Owley Lippmann
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
Defining The Project Purpose Under Nepa: Promoting Consideration Of Viable Eis Alternatives, Jason J. Czarnezki
Defining The Project Purpose Under Nepa: Promoting Consideration Of Viable Eis Alternatives, Jason J. Czarnezki
Elisabeth Haub School of Law Faculty Publications
This Comment examines how courts should construe EIS project goals under NEPA. Part I provides the basic foundation for EIS alternative analysis by outlining NEPA's goals, framework, and legal development. Part II identifies and discusses two conflicting positions in current case law supporting narrow versus general goal formulations in project purpose evaluation. To resolve this conflict, Part III suggests that courts should reject the narrow formulation in evaluating a project's purpose and objectively inquire into the effect and purpose of the agency's action.