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2006

Environmental Law

Selected Works

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Articles 1 - 7 of 7

Full-Text Articles in Law

Energy Efficiency, R. Konkel Dec 2005

Energy Efficiency, R. Konkel

Steve Konkel

Using energy efficiently can reduce the cost of heating, ventilating, and air-conditioning, which account for a significant part of the overall cost of housing. Energy costs recur month-to-month and are hard to reduce after a home has been designed and built. The development of an energy-efficient home or building must be thought through using a systems approach

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Palazzolo, The Public Trust, And The Property Owner’S Reasonable Expectations: Takings And The South Carolina Marsh Island Bridge Debate, Erin Ryan Dec 2005

Palazzolo, The Public Trust, And The Property Owner’S Reasonable Expectations: Takings And The South Carolina Marsh Island Bridge Debate, Erin Ryan

Erin Ryan

South Carolina recently promulgated new guidelines regulating the State’s consideration of requests by private marsh island owners to build bridges for vehicular access through publicly owned marsh and tidelands. Many thousands of these islands hug the South Carolina coast, but they are surrounded by tidelands subject to South Carolina’s formidable public trust doctrine, which obligates the State to manage submerged lands and waterways for the benefit of the public. This piece evaluates the relationship between the public trust doctrine and the takings subtext to the debate over the new guidelines – a relationship that has become particularly interesting in the …

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“This Woman’S Work” In A "Man's World": A Feminist Analysis Of The Farm Security And Rural Investment Act Of 2002, Nick J. Sciullo Dec 2005

“This Woman’S Work” In A "Man's World": A Feminist Analysis Of The Farm Security And Rural Investment Act Of 2002, Nick J. Sciullo

Nick J. Sciullo

This paper will discuss the background of the 2002 Farm Bill and its origins in the Federal Agricultural Improvement and Reform Act of 1996 (hereinafter the 1996 Farm Bill). Secondly, a basic discussion of feminist international relations and more generally, feminist legal theory will be invoked to provide a theoretical beacon for the rest of the journey. Thirdly, specific arguments about ecofeminsim and postcolonial feminism are teased out in order to critically investigate the direct and indirect consequences of United States farm policy. Fourthly, the 2002 Farm Bill's disparate impact on international womyn will be discussed and theories about the …

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Policy Challenges From The "White" Senate Inquiry Into Workplace-Related Health Impacts Of Toxic Dusts And Nanoparticles, Thomas A. Faunce, Haydn Walters, Trevor Williams, David Bryant, Martin Jennings, Bill Musk Dec 2005

Policy Challenges From The "White" Senate Inquiry Into Workplace-Related Health Impacts Of Toxic Dusts And Nanoparticles, Thomas A. Faunce, Haydn Walters, Trevor Williams, David Bryant, Martin Jennings, Bill Musk

Thomas A Faunce

On 22 June 2005 the Senate of the Commonwealth of Australia voted to establish an inquiry into workplace harm related to toxic dust and emerging technologies (including nanoparticles). The inquiry became known as the "White" Inquiry after Mr Richard White, a financially uncompensated sufferer of industrial sandblasting-induced lung disease who was instrumental in its establishment. The "White" Inquiry delivered its final report and recommendations on 31 May 2006. This paper examines whether these recommendations and their implementation may provide a unique opportunity not only to modernize relevant monitoring standards and processes, but related compensation systems for disease associated with workplace-related …

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Middle Eastern And North African Hydropolitics: From Eddies Of Indecision To Emerging International Law, Prof. Elizabeth Burleson Dec 2005

Middle Eastern And North African Hydropolitics: From Eddies Of Indecision To Emerging International Law, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

The death of Yasser Arafat, removal of Saddam Hussein, passage of United Nations Security Council Resolution 1483, and conflict in Sudan significantly alter the geopolitics of the Middle East and North Africa. International law consists of the accretion of co-aquifer agreements as well as international treaties. Recent codification efforts have provided a framework with which co-aquifer states can address transboundary natural resources through flexible water use provisions, equitable distribution of water benefits, and strong dispute resolution mechanisms. This article applies the multifactor balancing test of the Draft Convention on the Law of Transboundary Aquifers to the Israeli-Palestinian conflict and analyzes …

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Runoff And Reality: Externalities, Economics, And Traceability Issues In Urban Runoff Regulation, Donald J. Kochan Dec 2005

Runoff And Reality: Externalities, Economics, And Traceability Issues In Urban Runoff Regulation, Donald J. Kochan

Donald J. Kochan

It has long eluded regulators and private enforcers how to control the imposition of negative externalities. This paper will examine: (1) Whether existing authorities (like the Clean Water Act) are capable of providing regulation of urban runoff; (2) Whether, in light of economic controls, regulation of these activities are necessary; (3) A summary of recent runoff litigation; and (4) What is next; what should be next? Although each of these questions form background, the primary emphasis currently anticipated for this presentation is on traceability, collective action, and free rider problems that motivate regulation in this area. Often runoff is described …

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“La Responsabilidad Medioambiental En La Unión Europea: La Directiva 2004/35/Ce”, Luis González Vaqué Dec 2005

“La Responsabilidad Medioambiental En La Unión Europea: La Directiva 2004/35/Ce”, Luis González Vaqué

Luis González Vaqué

Sumario: I. INTRODUCCIÓN. II. LA DIRECTIVA 2004/35/CE. 1 Objetivos y ámbito de aplicación. 2 Medidas preventivas. 3 Medidas reparadoras. 4 La legitimación para solicitar que se adopten medidas. 5 Garantía financiera. 6 Cooperación entre los Estados miembros. III. CONCLUSIÓN

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