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Articles 1 - 17 of 17
Full-Text Articles in Law
An Integrated Approach To Educating Working Environmental Health Practitioners, R. Konkel, Joe Beck
An Integrated Approach To Educating Working Environmental Health Practitioners, R. Konkel, Joe Beck
Steve Konkel
No abstract provided.
Un Regard Extérieur: Back-Impact Of Eu Measures On Us Regulatory Regimes, David Wirth
Un Regard Extérieur: Back-Impact Of Eu Measures On Us Regulatory Regimes, David Wirth
David A. Wirth
No abstract provided.
Workshop Instructor: “International Environmental Policy, Negotiations, And Law”, David Wirth
Workshop Instructor: “International Environmental Policy, Negotiations, And Law”, David Wirth
David A. Wirth
No abstract provided.
Trends In Constitutional Environmental Law, James R. May
Trends In Constitutional Environmental Law, James R. May
James R. May
This article is about the growing field at the intersection of environmental and constitutional law. Thirty years ago, constitutional issues rarely arose in environmental law. Nowadays, nearly two in three federal environmental, energy and land use cases are decided on constitutional grounds invoking no fewer than 18 issues. These include the extent to which Congress can regulate activities that are either traditionally intrastate or not inherently economic in nature (the Commerce Clause), preempt state causes of action (Supremacy Clause), and prescribe state functions (10th Amendment) or subject them to federal actions (11th Amendment). Other issues include whether states can burden …
Environmental Health As The Safety Net For Influenza Immunizations--Protecting The Population Or The Individual At Risk: The U.S. Public Health Dilemma, R. Konkel, Joe Beck
Environmental Health As The Safety Net For Influenza Immunizations--Protecting The Population Or The Individual At Risk: The U.S. Public Health Dilemma, R. Konkel, Joe Beck
Steve Konkel
No abstract provided.
Energy Efficiency, R. Konkel
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
Natural Resource Management And Conservation – Fisheries And Marine Mammals: The Year In Review, Rosemary Rayfuse
Natural Resource Management And Conservation – Fisheries And Marine Mammals: The Year In Review, Rosemary Rayfuse
Rosemary Rayfuse
No abstract provided.
Clean Water Act Developments: The Aftermath Of Tmdl Litigation: Consent Decrees And Settlement Agreements, James R. May
Clean Water Act Developments: The Aftermath Of Tmdl Litigation: Consent Decrees And Settlement Agreements, James R. May
James R. May
This article provides the latest developments about TMDL lawsuits nationally. It concludes that the results of TMDL settlements are mixed, least so where it matters most. The glory is that EPA has reviewed anew, or had the states review, readily existing and available water quality related data and information for 40,000 waters, finding 20,000 more ones impaired, bringing the national total to 60,000. EPA has agreed to "backstop" TMDL development for about 20,000 of these, and set or approved TMDLs for 10,000 impaired waters. EPA has for the first time reviewed and evaluated CPPs in six states. It has conducted …
Clean Water Act Npdes Developments In The Courts, James R. May
Clean Water Act Npdes Developments In The Courts, James R. May
James R. May
Although the Clean Water Act has been in effect for over thirty-three years, many aspects of the Act remain for the Supreme Court to define. In fact, the Court is still called upon to determine certain threshold questions about the Act’s scope and jurisdiction, permits, water quality standards and enforcement. One central question has been the definition of “navigable waters” as it relates to wetlands. The purpose of the Act is to protect the nation’s waters, and a logical question that the Court must address is “to what extent can wetlands be included as navigable waters?” Two cases have been …
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 …
Constituting Fundamental Environmental Rights Worldwide, James R. May
Constituting Fundamental Environmental Rights Worldwide, James R. May
James R. May
This article discusses the extent to which nations worldwide have constituted such “fundamental environmental rights” (FERs). Constitutions provide a framework for social order. They also reflect a paradox. While constitutions are usually the product of a convulsive event of majoritarian democracy, most contain antimajoritarian features designed to protect so-called fundamental rights against the tyranny of the majority. Traditional fundamental rights, such as those found in the Bill of Rights to the Constitution of the United States, include protecting for its citizens free speech, religious exercise and voting rights. Does a fundamental, enforceable, individual right to a clean and healthy environment …
“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
“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 …
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
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 …
“Addition,” “Pollutant,” “Point Source”: Recent Case Developments Affecting The Scope Of Activities Covered By The Cwa, James R. May
“Addition,” “Pollutant,” “Point Source”: Recent Case Developments Affecting The Scope Of Activities Covered By The Cwa, James R. May
James R. May
This article examines recent developments in the interpretation of the words “addition,” “pollutant,” and “point source,” as used in the Clean Water Act. These words have been the subject of much controversy and many interpretations as the CWA leaves them undefined. The Supreme Court has concluded most notably that the transfer of polluted water within the same body of water does not constitute “addition,” however the transfer of pollutants from one body of water into another is addition. Similarly, much controversy has surrounded the possibility of pesticides, lead shot and erosion as additions. Most recently courts have found that pesticides …
Middle Eastern And North African Hydropolitics: From Eddies Of Indecision To Emerging International Law, Prof. Elizabeth Burleson
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 …
Runoff And Reality: Externalities, Economics, And Traceability Issues In Urban Runoff Regulation, Donald J. Kochan
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 …
“La Responsabilidad Medioambiental En La Unión Europea: La Directiva 2004/35/Ce”, Luis González Vaqué
“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