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Articles 1 - 15 of 15
Full-Text Articles in Law
Going Concerns And Environmental Concerns: Mitigating Climate Change Through Bankruptcy Reform, Alexander Gouzoules
Going Concerns And Environmental Concerns: Mitigating Climate Change Through Bankruptcy Reform, Alexander Gouzoules
Faculty Publications
This article examines how legislative reforms to the Bankruptcy Code could mitigate the effects of climate change, speed the adoption of renewable energy, and contribute to U.S. compliance with the Paris Agreement of 2015. It analyzes the benefits derived by the fossil fuel industry from Chapter 11, which allows extractive firms to survive boom-and-bust cycles caused by volatile oil and gas prices. Insolvent polluters are preserved as going concerns during price collapses, only to resume and expand production as prices recover.
This article proposes novel legislative reforms to the Bankruptcy Code that would require insolvent fossil fuel producers to liquidate …
Disaggregated State In Transnational Environmental Regulation, The , Hoi L. Kong
Disaggregated State In Transnational Environmental Regulation, The , Hoi L. Kong
Missouri Law Review
This Article argues against a positivist view of international environmental law that (i) conceives of states as unitary entities that speak with one voice in pursuit of a single national interest,1 and that focuses on (ii) authoritative sources of law and (iii) the binding force of these sources of law. Further, this Article argues for a view of transnational law that (i) views the state as disaggregated, rather than unitary, (ii) focuses on informal legal mechanisms that do not have authoritative status and (iii) directs attention towards law’s facilitative functions and away from law’s binding force. This special issue’s theme …
Coping With Cafos: How Much Notice Must A Citizen Give - Community Ass'n For Restoration Of The Environment V. Henry Bosma Dairy, Martin A. Miller
Coping With Cafos: How Much Notice Must A Citizen Give - Community Ass'n For Restoration Of The Environment V. Henry Bosma Dairy, Martin A. Miller
Missouri Law Review
In the context of reviewing Community Ass’n for Restoration of the Environment v. Henry Bosma Dairy, this Note focuses on what constitutes sufficient notice and suggests how citizen groups should handle additional violations discovered after suit has been filed. Although the Ninth Circuit had previously taken a fairly strict approach in interpreting notice requirement, Bosma Dairy indicates a shift toward a more forgiving approach by allowing the plaintiff to include certain non-noticed violations in its lawsuit. This urges the continued movement away from a rigid and formalistic approach.
Little Waste Goes A Long Way: The Recovery Of Response Costs Under Cercla, A, Cathi M. Kraetzer
Little Waste Goes A Long Way: The Recovery Of Response Costs Under Cercla, A, Cathi M. Kraetzer
Missouri Law Review
In Johnson v. James Langley Operating Co., the United States Court of Appeals for the Eighth Circuit held that plaintiffs, in order to impose liability on defendants, need not show that they incurred response costs by acting to contain a release that threatened public health or the environment. By rejecting the Fifth Circuit’s holding in Amoco Oil Co. v. Borden, Inc., the court created a circuit split. This Note argues that the Eighth Circuit’s liberal interpretation of the plain language of CERCLA furthers the goals of the statute more than the Fifth Circuit’s narrow interpretation. This Note also argues that …
Clean Water Act Compliance Audit Program For Pork Producers: How Was Such An Agreement Between Epa And The National Pork Producers Reached , Anita K. Chancey
Clean Water Act Compliance Audit Program For Pork Producers: How Was Such An Agreement Between Epa And The National Pork Producers Reached , Anita K. Chancey
Missouri Law Review
A recent agreement between the Environmental Protection Agency and the National Pork Producers Council puts into place a voluntary inspection program that may lead to reduced fines for pork producers who report and correct Clean Water Act violations This agreement represents the first of its kind between an agriculture group and the Environmental Protection Agency.2 This Article explores the background that led to the agreement. The evolution from small family farming to large corporate livestock production, along with the environmental concerns such evolution has produced, is traced. The next section lays out some of the federal and state statutory and …
Causation In Fact In Omission Cases, David A. Fischer
Causation In Fact In Omission Cases, David A. Fischer
Faculty Publications
This article analyzes the difficulties involved in attributing cause in fact in omission cases, and suggests possible resolutions. Part II discusses the basic concept of causation, and the distinction between acts and omissions. Part III discusses the particular problems that arise in applying causation principles in omission cases. Part IV then analyzes these problems from both corrective justice and economic analysis perspectives. Finally, the article suggests an approach for solving these complex issues.
Federal And State Water Quality Regulation And Law In Missouri, Peter N. Davis
Federal And State Water Quality Regulation And Law In Missouri, Peter N. Davis
Faculty Publications
This article discusses that law in two parts. The first part examines the federal and Missouri waste discharge regulatory system. The second part analyzes common law rights and remedies related to water pollution.
Protecting Waste Assimilation Streamflows By The Law Of Water Allocation, Nuisance, And Public Trust, And By Environmental Statutes, Peter N. Davis
Protecting Waste Assimilation Streamflows By The Law Of Water Allocation, Nuisance, And Public Trust, And By Environmental Statutes, Peter N. Davis
Faculty Publications
Both federal and state water pollution control statutes require dramatic reductions in waste discharges, but not their total elimination. Those statutes require establishing water quality standards for receiving waters and presume that they will be adequate to assimilate the residual post treatment wastes. But nothing is those statutes assures that minimum flows for waste assimilation in fact will remain in existence. Neither the common law nor eastern and western diversion permit statutes expressly provide direct means for establishing such minimum protected flows for residual waste assimilation. Those means include establishing minimum flows for fish and wildlife habitat and recreation purposes …
The Riparian Right Of Streamflow Protection In The Eastern States, Peter N. Davis
The Riparian Right Of Streamflow Protection In The Eastern States, Peter N. Davis
Faculty Publications
This article analyzes the extent to which the riparian doctrine can be employed to protect minimum streamflows for purposes of maintaining fish and wildlife habitat, recreational use capacity and waste assimilative capacity of watercourses in the eastern states.
Eastern Water Diversion Permit Statutes: Precedents For Missouri, Peter N. Davis
Eastern Water Diversion Permit Statutes: Precedents For Missouri, Peter N. Davis
Faculty Publications
This Article examines the need in Missouri for a water diversion permit statute and suggests the form such a statute should take.
State Ownership Of Beds Of Inland Waters - A Summary And Reexamination, Peter N. Davis
State Ownership Of Beds Of Inland Waters - A Summary And Reexamination, Peter N. Davis
Faculty Publications
This article will summarize the basic structure of bed title law and will examine its current status under the recent Supreme Court decisions. It will then analyze the cases to determine the location of title of beds of federally nonnavigable inland waters when a state created from a federal territory asserts such title.
Groundwater Pollution: Case Law Theories For Relief, Peter N. Davis
Groundwater Pollution: Case Law Theories For Relief, Peter N. Davis
Faculty Publications
This article will describe how the courts have utilized the common law to deal with the groundwater pollution problem. I have attempted to examine every groundwater pollution case reported in the United States, England, Ireland, Scotland, Canada, Australia and New Zealand.10 All of them, a total of 203, are listed in the Appendices. The purpose of this article is to analyze those cases to determine what rule the courts tend to use in particular kinds of groundwater pollution cases.
Wells And Streams: Relationship At Law, Peter N. Davis
Wells And Streams: Relationship At Law, Peter N. Davis
Faculty Publications
Groundwater constitutes one of the major sources of water for municipalities, irrigators, and rural dwellers. Conflicts between groundwater users are bound to arise from time to time, as is evidenced by a recent Missouri case, Higday v. Nickolaus, discussed elsewhere in this issue.' Such conflicts may increase in frequency in the future as the demand for groundwater increases. Although a majority of cases will involve allocation of groundwater between users of that class of water, many groundwater diversion cases will involve adverse effects on the flow of water in streams. It is –to the latter situation that this article is …
Qui Tam Actions Under The 1899 Refuse Act: Possibility Of Individual Legal Action To Prevent Water Pollution, Charles N. Drennan
Qui Tam Actions Under The 1899 Refuse Act: Possibility Of Individual Legal Action To Prevent Water Pollution, Charles N. Drennan
Missouri Law Review
During the decade of the 1960's a host of environmental problems were brought to the attention of the American public, including overpopulation, poisoning from pesticides, air pollution, and water pollution. As a result, concerned individuals joined to form conservation dubs and other groups in an attempt to find methods of combating the various problems. One of the methods proposed in the water pollution area arose from certain provisions in an 1899 statute which has now come to be known as the 1899 Refuse Act. Briefly stated, the Act prohibits the discharge of any refuse matter into navigable water without first …
Environmental Law: New Legal Concepts In The Antipollution Fight , Patrick E. Murphy
Environmental Law: New Legal Concepts In The Antipollution Fight , Patrick E. Murphy
Missouri Law Review
Until quite recently it has been the accepted view that one of man's chief functions was to control and to exploit his environment. Only within the last year have most Americans begun to realize that we do not possess an inexhaustible supply of natural resources; that in fact the quality of man's life is threatened and perhaps his very existence. This public concern for the quality of our environment is beginning to be felt in the courtroom. Private citizens have attempted to preserve the livability of this country by bringing legal action against the federal government, the states, and private …