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Full-Text Articles in Law

Environmental Law In The Supreme Court: Highlights From The Marshall Papers, Robert V. Percival Nov 2009

Environmental Law In The Supreme Court: Highlights From The Marshall Papers, Robert V. Percival

Robert Percival

Justice Marshall served on the Court from 1967 until 1991. During that period, Congress passed all of the major federal environmental statutes and environmental regulation mushroomed. As a result, the Marshall papers reveal how the Court reached decisions that have shaped modern environmental law. The author, a former law clerk to former Justice Byron White and an associate professor of law at the University of Maryland, begins by describing the history of the Court's treatment of environmental disputes. He then discusses the steps the Justices take in deciding whether to accept cases for review; in reaching decisions on the merits …


Environmental Law In The Twenty-First Century, Robert V. Percival Nov 2009

Environmental Law In The Twenty-First Century, Robert V. Percival

Robert Percival

No abstract provided.


The Clean Water Act And The Demise Of The Federal Common Law Of Interstate Nuisance, Robert V. Percival Nov 2009

The Clean Water Act And The Demise Of The Federal Common Law Of Interstate Nuisance, Robert V. Percival

Robert Percival

No abstract provided.


Environmental Federalism: Historical Roots And Contemporary Models, Robert V. Percival Nov 2009

Environmental Federalism: Historical Roots And Contemporary Models, Robert V. Percival

Robert Percival

No abstract provided.


Who's Afraid Of The Precautionary Principle?, Robert V. Percival Nov 2009

Who's Afraid Of The Precautionary Principle?, Robert V. Percival

Robert Percival

The precautionary principle – the notion that lack of scientific certainty should not foreclose precautionary regulation – has become enormously popular in recent years, as reflected by its endorsement in many important international declarations and agreements. Despite its growing influence, the precautionary principle recently has come under fire by critics who argue that it is incoherent, potentially paralyzing, and that it will lead regulators to make bad choices. They maintain that society faces greater peril from overly costly regulations than from exposure to sources of environmental risks whose effect on human health and the environment is not fully understood at …


Responding To Environmental Risk: A Pluralistic Perspective, Robert V. Percival Nov 2009

Responding To Environmental Risk: A Pluralistic Perspective, Robert V. Percival

Robert Percival

No abstract provided.


Escaping The Common Law's Shadow: Standing In The Light Of Laidlaw, Robert V. Percival, Joanna B. Goger Nov 2009

Escaping The Common Law's Shadow: Standing In The Light Of Laidlaw, Robert V. Percival, Joanna B. Goger

Robert Percival

No abstract provided.


Water Pollution Control: Lessons From Transnational Experience, Robert V. Percival Nov 2009

Water Pollution Control: Lessons From Transnational Experience, Robert V. Percival

Robert Percival

Water is fundamental to life, as reflected in space scientists' compulsive search for signs of its presence when scrutinizing other planets for possible life forms. Fortunately for our species, more than two-thirds of our planet is covered with water, creating an environment richly conducive to life. Humans have just begun to appreciate how precious earth's water resources are and how vulnerable they are to damage from human activity. Efforts to protect earth's water resources from contamination have been among the most prominent catalysts for the development of environmental law thoroughout the world. After surveying this experience, this paper finds that …


El Surgimiento Del Derecho Ambiental Global, Robert V. Percival Nov 2009

El Surgimiento Del Derecho Ambiental Global, Robert V. Percival

Robert Percival

Legal systems across the globe are responding to environmental concerns in surprising new ways. As nations upgrade their environmental standards, some are transplanting law and regulatory policy innovations derived from the experience of other countries, including nations with very different legal and cultural traditions. New national, regional, and international initiatives have been undertaken both by governments and private organizations. Greater cross-border collaboration between government officials, nongovernmental organizations, multinational corporations and other entities is shaping environmental policy in ways that blur traditional private/public land domestic/international distinctions. The result has been the emergence of a kind of “global environmental law” – law …


Conservation And Renewable Energy Sources As Supply Alternatives For New York's Electric Utilities, Robert V. Percival Nov 2009

Conservation And Renewable Energy Sources As Supply Alternatives For New York's Electric Utilities, Robert V. Percival

Robert Percival

No abstract provided.


The Challenge Of Chinese Environmental Law, Robert V. Percival Nov 2009

The Challenge Of Chinese Environmental Law, Robert V. Percival

Robert Percival

China faces some of the most difficult environmental problems in the world as rapid industrial growth has produced horrendous air and water pollution. How China’s government responds to these challenges will have profound effects on the global environment. This essay discusses how Chinese environmental laws are evolving to cope with these problems and the severe obstacles that Chinese authorities face. It notes that the highly decentralized nature of China’s system of environmental laws makes it difficult for the central government to implement and enforce the laws. The essay concludes that, despite some progress, the lack of an independent judiciary and …


Resolución De Conflictos Ambientales: Lecciones Aprendidas De La Historia De La Contaminación De Las Fundiciones De Minerales, Robert V. Percival Nov 2009

Resolución De Conflictos Ambientales: Lecciones Aprendidas De La Historia De La Contaminación De Las Fundiciones De Minerales, Robert V. Percival

Robert Percival

No abstract provided.


21世纪环境法展望 (Environmental Law In The 21st Century), Robert V. Percival Nov 2009

21世纪环境法展望 (Environmental Law In The 21st Century), Robert V. Percival

Robert Percival

After reviewing the history of environmental law, this article discusses some important lessons that can be learned from its successes and failures. It discusses the continued influence of common law notions of causal injury on the administrative state and how the globalization of environmental concerns is affecting environmental law throughout the world. It concludes by venturing some predictions concerning the future of environmental law.


The Emergence Of Global Environmental Law, Tseming Yang, Robert V. Percival Nov 2009

The Emergence Of Global Environmental Law, Tseming Yang, Robert V. Percival

Robert Percival

With the global growth of public concern about environmental issues over the last several decades, environmental legal norms have become increasingly internationalized. This development has been reflected both in the surge of international environmental agreements as well as the growth and increased sophistication of national environmental legal systems around the world. The result is the emergence of a set of legal principles and norms regarding the environment, such that one can arguably describe it as a body of law. After exploring the diverse forces that are contributing to the emergence of what we call “global environmental law,” this Article considers …


Bad Science, Linda Greer, Rena I. Steinzor Nov 2009

Bad Science, Linda Greer, Rena I. Steinzor

Rena I. Steinzor

No abstract provided.


Will Superfund Rise Again?, Rena I. Steinzor Nov 2009

Will Superfund Rise Again?, Rena I. Steinzor

Rena I. Steinzor

The federal hazardous waste cleanup program and its state progency have been in decline for more than a decade, victims to a campaign of sabotage waged by industry and neglected by the Bush administration. Meanwhile, stakeholders do their best to ignore the program's sorry state. A sad story, but there may be a surprise ending in store.


Regulatory Dysfunction: How Insufficient Resources, Outdated Laws, And Political Interference Cripple The 'Protector Agencies', Sidney A. Shapiro, Rena I. Steinzor, Matthew Shudtz Nov 2009

Regulatory Dysfunction: How Insufficient Resources, Outdated Laws, And Political Interference Cripple The 'Protector Agencies', Sidney A. Shapiro, Rena I. Steinzor, Matthew Shudtz

Rena I. Steinzor

In the last several years, dramatic failures of the nation’s food safety system have sickened or killed tens of thousands of Americans, and caused billions of dollars of damages for producers and distributors of everything from fresh vegetables to granola bars and hamburger meat. In each case, the outbreak of food-borne illness triggered what can only be described as a frantic scramble by health officials to discover its source. Inevitably, the wrong lead is followed or a recall is too late or too narrow to prevent further illnesses, and the government has to defend itself against withering criticism. Americans expect …


The Hidden Human And Environmental Costs Of Regulatory Delay, Catherine O'Neill, Amy Sinden, Rena Steinzor, James Goodwin, Ling-Yee Huang Nov 2009

The Hidden Human And Environmental Costs Of Regulatory Delay, Catherine O'Neill, Amy Sinden, Rena Steinzor, James Goodwin, Ling-Yee Huang

Rena I. Steinzor

Each year dozens of workers are killed, thousands of children harmed, and millions of dollars wasted because of unjustifiable delays in federal regulatory action. Such delays in regulatory action have become commonplace, part of the wallpaper of Washington’s regulatory process for the protector agencies—the Consumer Product Safety Commission (CPSC), EPA, the Food and Drug Administration (FDA), the National Highway Traffic Safety Administration (NHTSA), and OSHA. Despite its significance, the problem of regulatory delay and the costs it generates has been virtually ignored in the debate over the general wisdom of the U.S. regulatory system over the last 30-plus years. Opponents …


A Return To Common Sense: Protecting Health, Safety, And The Environment Through 'Pragmatic Regulatory Impact Analysis', Rena I. Steinzor, Amy Sinden, Sidney A. Shapiro, James Goodwin Nov 2009

A Return To Common Sense: Protecting Health, Safety, And The Environment Through 'Pragmatic Regulatory Impact Analysis', Rena I. Steinzor, Amy Sinden, Sidney A. Shapiro, James Goodwin

Rena I. Steinzor

Health and safety regulations have a more powerful impact on the quality of life in America than any other affirmative decision the government makes, except perhaps decisions to go to war or pull in the social safety net. To a great extent, the purity of the food we eat and all the medicines we take, the quality of the air we breathe and the water we drink, the safety of industrial workplaces, and the preservation of the myriad natural systems that support life as we know it are dependent on how effectively government polices the side effects of manufacturing. Yet …


Myths Of The Reinvented State, Rena I. Steinzor Nov 2009

Myths Of The Reinvented State, Rena I. Steinzor

Rena I. Steinzor

No abstract provided.


Climate Change Litigation – Power Point Slides, Chapter Three, David Hodas, Kenneth Kristl, James May Nov 2009

Climate Change Litigation – Power Point Slides, Chapter Three, David Hodas, Kenneth Kristl, James May

Kenneth T Kristl

No abstract provided.


The Reauthorization Of Superfund: The Public Works Alternative, Rena I. Steinzor Nov 2009

The Reauthorization Of Superfund: The Public Works Alternative, Rena I. Steinzor

Rena I. Steinzor

No abstract provided.


Reinventing Environmental Regulation: Back To The Past By Way Of The Future, Rena I. Steinzor Nov 2009

Reinventing Environmental Regulation: Back To The Past By Way Of The Future, Rena I. Steinzor

Rena I. Steinzor

No abstract provided.


'You Just Don't Understand!" - The Right And Left In Conversation, Rena Steinzor Nov 2009

'You Just Don't Understand!" - The Right And Left In Conversation, Rena Steinzor

Rena I. Steinzor

No abstract provided.


Reinventing Environmental Regulation Via The Government Performance And Results Act: Where's The Money?, Rena I. Steinzor, William F. Piermattei Nov 2009

Reinventing Environmental Regulation Via The Government Performance And Results Act: Where's The Money?, Rena I. Steinzor, William F. Piermattei

Rena I. Steinzor

No abstract provided.


Reinventing Environmental Regulation Through The Government Performance And Results Act: Are The States Ready For The Devolution?, Rena I. Steinzor Nov 2009

Reinventing Environmental Regulation Through The Government Performance And Results Act: Are The States Ready For The Devolution?, Rena I. Steinzor

Rena I. Steinzor

No abstract provided.


Regulatory Reinvention And Project Xl: Does The Emperor Have Any Clothes?, Rena I. Steinzor Nov 2009

Regulatory Reinvention And Project Xl: Does The Emperor Have Any Clothes?, Rena I. Steinzor

Rena I. Steinzor

No abstract provided.


In Defense Of The Superfund Liability System: Matching The Diagnosis And The Cure, Rena Steinzor, Linda Greer Nov 2009

In Defense Of The Superfund Liability System: Matching The Diagnosis And The Cure, Rena Steinzor, Linda Greer

Rena I. Steinzor

No abstract provided.


Epa And Its Sisters At 30: Devolution, Revolution, Or Reform?, Rena I. Steinzor Nov 2009

Epa And Its Sisters At 30: Devolution, Revolution, Or Reform?, Rena I. Steinzor

Rena I. Steinzor

No abstract provided.


The Reauthorization Of Superfund: Can The Deal Of The Century Be Saved?, Rena I. Steinzor Nov 2009

The Reauthorization Of Superfund: Can The Deal Of The Century Be Saved?, Rena I. Steinzor

Rena I. Steinzor

No abstract provided.