Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

2009

Selected Works

PDF

Environmental Law

Environmental law

Articles 1 - 12 of 12

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.


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 …


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.


Testimony Before The U.S. House Of Representatives, Committee On Science And Technology, Subcommittee On Investigations And Oversight. 111th Congress, 1st Session (2009)., Rena I. Steinzor Oct 2009

Testimony Before The U.S. House Of Representatives, Committee On Science And Technology, Subcommittee On Investigations And Oversight. 111th Congress, 1st Session (2009)., Rena I. Steinzor

Rena I. Steinzor

No abstract provided.


Constitutional Limitations On Land Use Controls, Environmental Regulations And Governmental Exactions, 2007, Garrett Power Sep 2009

Constitutional Limitations On Land Use Controls, Environmental Regulations And Governmental Exactions, 2007, Garrett Power

Garrett Power

Constitutional Limitations on Land Use Controls, Environmental Regulations and Governmental Exactions (2007) is electronically published in a searchable PDF format as a part of the E-scholarship Repository of the University of Maryland School of Law. It is an “open content” casebook intended for classroom use in Land Use Control and Environmental Law courses. It consists of cases carefully selected from the two hundred years of American constitutional history which address the clash between public sovereignty and private property. The text consists of non-copyrighted material and professors and students are free to use it in whole or part. The author requests …


Constitutional Limitations On Land Use Controls, Environmental Regulations And Governmental Exactions. 2008 Edition., Garrett Power Sep 2009

Constitutional Limitations On Land Use Controls, Environmental Regulations And Governmental Exactions. 2008 Edition., Garrett Power

Garrett Power

Constitutional Limitations on Land Use Controls, Environmental Regulations and Governmental Exactions (2008) is electronically published in a searchable PDF format as a part of the E-scholarship Repository of the University of Maryland School of Law. It is an “open content” casebook intended for classroom use in Land Use Control and Environmental Law courses. It consists of cases carefully selected from the two hundred years of American constitutional history which address the clash between public sovereignty and private property. The text consists of non-copyrighted material and professors and students are free to use it in whole or part. The author requests …


Constitutional Limitations On Land Use Controls, Environmental Regulations And Governmental Exactions. 2009 Edition., Garrett Power Sep 2009

Constitutional Limitations On Land Use Controls, Environmental Regulations And Governmental Exactions. 2009 Edition., Garrett Power

Garrett Power

Constitutional Limitations on Land Use Controls, Environmental Regulations and Governmental Exactions (2009) is electronically published in a searchable PDF format as a part of the E-scholarship Repository of the University of Maryland School of Law. It is an “open content” casebook intended for classroom use in Land Use Control and Environmental Law courses. It consists of cases carefully selected from the two hundred years of American constitutional history which address the clash between public sovereignty and private property. The text consists of non-copyrighted material and professors and students are free to use it in whole or part. The author requests …


Constitutional Limitations On Land Use Controls, Environmental Regulations And Governmental Exactions, 2007, Garrett Power Sep 2009

Constitutional Limitations On Land Use Controls, Environmental Regulations And Governmental Exactions, 2007, Garrett Power

Garrett Power

Constitutional Limitations on Land Use Controls, Environmental Regulations and Governmental Exactions (2007) is electronically published in a searchable PDF format as a part of the E-scholarship Repository of the University of Maryland School of Law. It is an “open content” casebook intended for classroom use in Land Use Control and Environmental Law courses. It consists of cases carefully selected from the two hundred years of American constitutional history which address the clash between public sovereignty and private property. The text consists of non-copyrighted material and professors and students are free to use it in whole or part. The author requests …


Progress Toward Sustainability: A Report Card And A Recommended Agenda, John Dernbach Dec 2008

Progress Toward Sustainability: A Report Card And A Recommended Agenda, John Dernbach

John C. Dernbach

No abstract provided.


Climate Change Litigation: Opening The Door To The International Court Of Justice, Andrew L. Strauss Dec 2008

Climate Change Litigation: Opening The Door To The International Court Of Justice, Andrew L. Strauss

Andrew L. Strauss

This chapter examines the potential for the International Court of Justice to serve as a forum for climate change litigation. It begins by assessing the potential legal and political implications of an International Court of Justice decision on climate change. It then proceeds to evaluate various jurisdictional basis upon which the Court could agree to hear cases implicating climate change. Finally, the chapter provides an overview of the law the law applicable to climate change litigation before the Court.