Law Commons^™

How City Hall Causes Sprawl - A Case Study, Michael E Lewyn

Michael E Lewyn

A book review addressing the city of Atlanta's pro-sprawl transportation, zoning and urban renewal policies.

Water Supply And Urban Growth In New Mexico: Same Old, Same Old Or A New Era?, (With L. Lucero), A. Dan Tarlock

Dan Tarlock

New Mexico and other arid western states face the following dilemma: Rapid urban growth and the increasing demand for the dedication of water to aquatic ecosystem services are placing new stresses on the ability of available water supplies to support these new demands at a time when a coherent federal supply and water policy no longer exists and states have been slow to fill the vacuum. The answer to the increasing demand for water is no longer simply to augment supply through new diversions, high-capacity wells, or the construction of large storage reservoirs. Instead, in today's increasingly unmediated, competitive water …

Fish, Farms, And The Clash Of Cultures In The Klamath Basin, (With H. Doremus), Dan Tarlock

Dan Tarlock

No abstract provided.

Slouching Toward Eden: The Eco-Pragmatic Challenges Of Ecosystem Revival, In Symposium, The Pragmatic Ecologist: Environmental Protection As Jurisdynamic Experience, A. Dan Tarlock

Dan Tarlock

No abstract provided.

Unilateral Trade-Based Measures For Protection Of The Marine Environment: A Legal And Policy Perspective, David Wirth, Douglas Caldwell

David A. Wirth

No abstract provided.

The Federal Farm Bill And The Environment, John Davidson

John Davidson

No abstract provided.

Committee On Climate Change And Sustainable Development: 2002 Annual Report, John Dernbach

John C. Dernbach

No abstract provided.

Precaution In International Environmental Policy And United States Law And Practice, David Wirth

David A. Wirth

No abstract provided.

The Road To Perdition: The Demise Of Tmdl Litigation, James R. May

James R. May

Citizens have filed more than two dozen suits and sent nearly four dozen notices of intent to sue EPA to implement the Clean Water Act's once vaunted "total maximum daily load" (TMDL) program. 33 U.S.C. §1313(d). The results are striking. Since 1997, states and EPA have identified nearly 20,000 waters previously thought to comply with water quality standards that do not. Since 2000, EPA has established or approved nearly 8,000 plans that aim to make these dirty waters fishable and swimmable. EPA is under court order to move the TMDL program along in more than 20 states. TMDL litigation, particularly …

Where The Water Hits The Road: Case Update To Recent Developments In Clean Water Act Litigation, James R. May

James R. May

No abstract provided.

Where The Water Hits The Road: Recent Developments In Clean Water Act Litigation, James R. May

James R. May

This article discusses reports recent developments involving particularly interesting juridical and administrative pronouncements in the areas of Clean Water Act jurisdiction, including key definitional terms "navigable waters," "addition," "pollutant," and "point source." It discusses how developments concerning permits, standards, TMDLs, citizen suits, and enforcement policies are shaping water pollution regulation in the United States.

Now More Than Ever: Trends In Environmental Citizen Suits At 30, James R. May

James R. May

This article surveys and analyses trends in the astonishing arena of environmental citizen suits. Environmental citizen suits matter. Borne in a fulcrum of necessity due to inadequate resources and resolve, and borrowing a bit from common law qui tam without the bounty, Congress has experimented by providing citizens the remarkable authority to file federal lawsuits as “private attorneys general” to enforce many of the nation's environmental laws. And enforce they do. Despite ever more cascading burdens respecting notice, jurisdiction, preclusion, actions against EPA and third parties, remedies, SEPs and attorney fees, there are more reported environmental citizen suits than ever. …

State Law Responses To Global Warming: Is It Constitutional To Think Globally And Act Locally?, David R. Hodas

David R. Hodas

The constitution creates a federalist system, in which States retain general police power not superseded or limited by the Constitution or federal law. Under President George W. Bush, the United States adopted two seemingly conflicting positions. At the federal level, President Bush has rejected the Kyoto Protocol and declined to develop any material foreign or domestic policies to limit greenhouse gas (GHG) emissions. At the state level, many states adopted a wide range of policies, statutes and regulations addressing GHG emissions. Critics of these policy initiatives question whether States possess the constitutional authority to address global warming, citing the doctrines …

Now More Than Ever: Environmental Citizen Suit Trends, James R. May

James R. May

This article serves as a companion reader to “Environmental Citizen Suits at Thirtysomething: A Celebration and Summit,” Part One examines trends in environmental citizen suits post-Laidlaw. Part Two describes why citizen suits are needed now more than ever. It concludes that jurisprudential and statistical trends show both that there are more, and why more are needed still, environmental citizen suits than ever. Current national security prerogatives have not made for it easy for agencies to perform duties Congress has declared mandatory, and for courts to compel action. These trends are unlikely to change course anytime soon. Hence, the clarion call …

Pursuing Sustainable Communities: Looking Back, Looking Forward, John C. Dernbach, Scott Bernstein

John C. Dernbach

No abstract provided.

Environmental Citizen Suits At Thirtysomething: A Celebration And Summit, James R. May, Bruce J. Terris, Zygmunt J. Plater, Ann Powers, Michael D. Axline, David Bookbinder, Peter Lehner, Robert F. Kennedy

James R. May

This compilation article provides a rare behind the scenes glimpse into landmark environmental cases from those who litigated them, including Robert F. Kennedy, Jr., Bruce Terris, Professor Zygmunt Plater, Professor Ann Powers, Mike Axline, David Bookbinder, and Peter Lehner. In 1970, Congress gave citizens the remarkable authority to file federal lawsuits as “private attorneys general” to enforce the Clean Air Act (CAA). Congress intended citizen suits to fill the vast void left by inadequate enforcement by federal and state regulators, and to ensure compliance and deter illegal activity. The approach stuck. Now more than one dozen federal environmental statutes, numerous …

Achieving Sustainable Development: The Centrality And Multiple Facets Of Integrated Decisionmaking, John C. Dernbach

John C. Dernbach

No abstract provided.

Seasons Of Resistance: Sustainable Agriculture And Food Security In Cuba, Carmen G. Gonzalez

Carmen G. Gonzalez

Beginning in the mid-1990s, Cuba embarked upon a transformation of the agricultural sector that has been hailed by some observers as a model of socially equitable and ecologically sustainable agriculture. Cuba shifted from an export-oriented, chemical-intensive agricultural development strategy to one that promoted organic agriculture and encouraged production for the domestic market. This article places Cuba's agricultural reforms in historical context by examining the evolution of Cuban agriculture from the colonial period until the present through the lens of food security and ecological sustainability. The article argues that Cuba, for most of its history, was food insecure and ecologically compromised …

Remediating Contaminated Sediments Under California’S Regulatory Regime: Are, Chad J. Mcguire

Chad J McGuire