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Full-Text Articles in Law

The Rise And Repose Of Tmdls On The Load To Perdition: Part I: Litigation, James R. May Jan 2004

The Rise And Repose Of Tmdls On The Load To Perdition: Part I: Litigation, James R. May

James R. May

No abstract provided.


Committee On Climate Change And Sustainable Development: 2003 Annual Report, John Dernbach Dec 2003

Committee On Climate Change And Sustainable Development: 2003 Annual Report, John Dernbach

John C. Dernbach

No abstract provided.


A Fistful Of Denial: The Supreme Court Takes A Pass On Commerce Clause Challenges To Environmental Laws, John Eastman Dec 2003

A Fistful Of Denial: The Supreme Court Takes A Pass On Commerce Clause Challenges To Environmental Laws, John Eastman

John C. Eastman

Ever since the Supreme Court's landmark decision in United States v. Lopez invalidating the Gun-Free School Zones Act as beyond the scope of Congress's Commerce Clause power, scholarly commentators from both sides of the ideological spectrum have wondered whether the Court would apply the reasoning of that case in the context of federal environmental laws. Many agreed that, if faithfully applied, Lopez sounded a death knell for a slew of environmental legislation that had at best only a tenuous connection with interstate commerce. For some, that was even more reason to deride the Lopez decision, but for originalists, it was …


The Availability Of State Environmental Citizen Suits, James R. May Dec 2003

The Availability Of State Environmental Citizen Suits, James R. May

James R. May

No abstract provided.


Introduction, Symposium Facing Climate Change: Opportunity And Tool For States, John C. Dernbach Dec 2003

Introduction, Symposium Facing Climate Change: Opportunity And Tool For States, John C. Dernbach

John C. Dernbach

No abstract provided.


Discharges From Historic Mining Properties: Asserting And Defending Citizen Suits Under The Clean Water Act, James R. May Dec 2003

Discharges From Historic Mining Properties: Asserting And Defending Citizen Suits Under The Clean Water Act, James R. May

James R. May

This chapter discusses available causes of action for and defenses to citizen suits under the Clean Water Act to address mining activities. Section 23.02 examines causes of action available to citizens under the CWA to address mining operations. In particular, it surveys citizen suits aimed at unpermitted mining discharges and against EPA for failing to perform mandatory duties that may impact mining operations. Section 23.03 then reviews some common defenses to CWA citizen suits in the context of mining.


Trade Liberalization, Food Security, And The Environment: The Neoliberal Threat To Sustainable Rural Development, Carmen G. Gonzalez Dec 2003

Trade Liberalization, Food Security, And The Environment: The Neoliberal Threat To Sustainable Rural Development, Carmen G. Gonzalez

Carmen G. Gonzalez

Even though food production has exceeded population growth in recent decades, world hunger continues to be a daunting problem. Progress in hunger reduction has slowed in recent years, and the number of undernourished people is growing in most of the developing world. Rampant hunger and malnutrition impair the economic performance of individuals, households, and entire nations, and can lead to political instability and social conflict. Food insecurity is often exacerbated by environmentally destructive farming practices that ultimately depress agricultural productivity. Environmental degradation is increasingly recognized as a major factor contributing to both food insecurity and civil strife. This article examines …