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Articles 1 - 24 of 24
Full-Text Articles in Law
The Tragedy Of Distrust In The Implementation Of Federal Environmental Law, Richard J. Lazarus
The Tragedy Of Distrust In The Implementation Of Federal Environmental Law, Richard J. Lazarus
Law and Contemporary Problems
The relationship between the EPA and Congress Since the founding of the EPA in 1970 has been marked by congressional oversight that has seriously frustrated the development and implementation of federal environmental protection policy. A destructive cycle has emerged: agency distrust has led to the failure of its policies, creating further distrust and further failure.
Regulation--And Contract--In Environmental Law, Richard A. Epstein
Regulation--And Contract--In Environmental Law, Richard A. Epstein
West Virginia Law Review
No abstract provided.
Whose Values Are Protected By Environmental Regulation--A Response To Professor Epstein, Jeff L. Lewin
Whose Values Are Protected By Environmental Regulation--A Response To Professor Epstein, Jeff L. Lewin
West Virginia Law Review
No abstract provided.
The Single Owner Revisited: A Brief Reply To Professor Lewin, Richard A. Epstein
The Single Owner Revisited: A Brief Reply To Professor Lewin, Richard A. Epstein
West Virginia Law Review
No abstract provided.
Individual Enforcement Of Canada's Environmental Protection Laws: The Weak-Spirited Need Not Try, Roger W. Proctor
Individual Enforcement Of Canada's Environmental Protection Laws: The Weak-Spirited Need Not Try, Roger W. Proctor
Dalhousie Law Journal
It is no secret that public awareness and concern for environmental protection in Canada has increased significantly in recent years. Legislators have addressed these concerns by implementing new laws to regulate the various practices that impact negatively on the environment. With statutes in hand, environmentally conscious individuals are beginning to intervene personally to monitor compliance and ensure enforcement of these new laws.
Analysis Of The Regulation Of Beachfront Development In South Carolina, Newman J. Smith
Analysis Of The Regulation Of Beachfront Development In South Carolina, Newman J. Smith
South Carolina Law Review
No abstract provided.
Rethinking Environmental Controls: Management Strategies For Common Resources, Carol M. Rose
Rethinking Environmental Controls: Management Strategies For Common Resources, Carol M. Rose
Duke Law Journal
No abstract provided.
Attorney Fees As Superfund Response Costs, K.K. Duvivier, Carolyn L. Buchholz
Attorney Fees As Superfund Response Costs, K.K. Duvivier, Carolyn L. Buchholz
Sturm College of Law: Faculty Scholarship
Although other areas of natural resources law have been hit by hard times, the environ- mental area is burgeoning. The intricacies of the Comprehensive Environmental Response, Com- pensation and Liability Act (CERCLA or Super- fund), as amended by the Superfund Amendments and Reauthorization Act of 1986 (SARA), ensure attorney participation. Further- more, much of the fuel that drives CERCIA lit- igation is the presumption by many clients that their attorney fees are costs that can be re- covered as response costs under section 107 of CERCLA. 42 U.S.C. S 9607 (1983). Such an assumption may be a serious and costly …
Transnational Alignment Of Nongovernmental Organizations For Global Environmental Action, Maria Garner
Transnational Alignment Of Nongovernmental Organizations For Global Environmental Action, Maria Garner
Vanderbilt Journal of Transnational Law
This Note proposes an alternative to the current international legal system for addressing the worldwide environmental crisis. The author describes the conditions of the environment and argues that the current legal system is incapable of responding to the already severe global environmental crisis. The author suggests that a network of environmental nongovernmental organizations (NGOs) can obtain results that are currently beyond the capabilities of either individual states or traditional international organizations. The main function of this type of network would be to collect and disseminate information to facilitate environmental action. The author also proposes a specific construction for an environmental …
Enforcement Challenges And Priorities For The 1990s: A State Perspective, David L. Markell
Enforcement Challenges And Priorities For The 1990s: A State Perspective, David L. Markell
Duke Environmental Law & Policy Forum
No abstract provided.
The Case For An Amendment To The Constitution Of The United States For Protection Of The Environment: Affirming Responsibilities Rather Than Declaring Rights May Be The Most Promising Route To The Objective, Lynton K. Caldwell
Duke Environmental Law & Policy Forum
No abstract provided.
Green Law-Making: A Primer On The European Community's Environmental Legislative Process, Michael S. Feeley, Peter M. Gilhuly
Green Law-Making: A Primer On The European Community's Environmental Legislative Process, Michael S. Feeley, Peter M. Gilhuly
Vanderbilt Journal of Transnational Law
The birth of the European Common Market marks a new era of multistate environmental regulation that will radically affect commercial activity. This Article examines the European Community's (EC) background, institutions, and legislative process to elucidate how this environmental regime is developing. Following a brief introduction, Part II sets forth the EC's background, presenting its history and the general framework in which its law applies. Part III describes the EC's major institutions. Part IV discusses forms of EC legislation, with an emphasis on the use of directives. Part V considers legislative processes by which the EC enacts laws, including the new …
Federalism And Comprehensive Environmental Reform: Seeing Beyond The Murky Medium, Rodney Northey
Federalism And Comprehensive Environmental Reform: Seeing Beyond The Murky Medium, Rodney Northey
Osgoode Hall Law Journal
This article examines the legal constraints that Canadian federalism places on comprehensive environmental reforms. Having specific regard for the Canadian Environmental Protection Act and its regulation of toxic substances, the article questions the ability of federal constitutional powers to support a broad scope for the statute. The article then examines two approaches to this problem. First, it examines an alternative vision of federalism which provides the federal government with broad environmental authority. Secondly, it examines various mechanisms of federal-provincial cooperation for their application to comprehensive environmental schemes. It concludes that these options provide enough scope to regulate environmental activities comprehensively …
The Legislative Process In The Virginia General Assembly: Ten Case Studies Of Environmental Legislation Proposed By Hampton Roads Cities, Betty Jean Meyer
The Legislative Process In The Virginia General Assembly: Ten Case Studies Of Environmental Legislation Proposed By Hampton Roads Cities, Betty Jean Meyer
Theses and Dissertations in Urban Services - Urban Management
This study addresses the following two questions: (1) How does the Virginia General Assembly process bills which are proposed by local governments in Virginia? and (2) Are there identifiable factors in this legislative process which could be impacted by local governments to influence legislative outcomes? These questions are addressed by focusing on ten case studies of environmental issues contained in legislative proposals of six cities in Hampton Roads Virginia for the 1987, 1988, and 1989 sessions of the General Assembly. The case data were compiled from records of the General Assembly, media accounts, and interviews with 19 legislators and other …
Environmental Law, Honorable Leon D. Lazer
The Case For Integrated Pollution Control, Lakshman Guruswamy
The Case For Integrated Pollution Control, Lakshman Guruswamy
Publications
No abstract provided.
Energy And The Environment: Confronting Common Threats To Security, Lakshman Guruswamy
Energy And The Environment: Confronting Common Threats To Security, Lakshman Guruswamy
Publications
No abstract provided.
Environmental Regulation: An Examination Of John Locke’S Ordered Liberty And Government Intervention, Jonathan G. Lasley
Environmental Regulation: An Examination Of John Locke’S Ordered Liberty And Government Intervention, Jonathan G. Lasley
Duke Environmental Law & Policy Forum
No abstract provided.
Administrative Law In The United States -- Past, Present And Future, Alfred C. Aman
Administrative Law In The United States -- Past, Present And Future, Alfred C. Aman
Articles by Maurer Faculty
This paper will take a contextual approach to American administrative law. It will examine the historic context and the legal significance of certain administrative law doctrines and approaches. In so doing, it will examine three distinct eras of administrative law: (1) the New Deal-A.PA., which I date from 1929 to 1959; (2) the environmental era which I date from 1960 to 1980; and (3) the global era of administrative law, whose beginnings I somewhat arbitrarily mark as 1980. This takes us to the present and the foreseeable future.' I do not mean to imply that these eras are so distinct …
The Tragedy Of Distrust In The Implementation Of Federal Environmental Law, Richard J. Lazarus
The Tragedy Of Distrust In The Implementation Of Federal Environmental Law, Richard J. Lazarus
Georgetown Law Faculty Publications and Other Works
The need to reduce dramatically the strain we place on the natural environment is simultaneously immediate and long-term. Our domestic laws reflect that understanding and express a symbolic commitment to that goal. Those laws have achieved, moreover, significant improvement in discrete areas and, in some others, have managed to resist further environmental degradation in the face of a growing economy. For that reason, they warrant great praise. The past twenty years nevertheless reveal that those same laws decline to undertake the concomitant modification of our governmental institutions, and the way we think about them, which is necessary for a fuller …
Environmental Law (Symposium: The Supreme Court And Local Government Law: The 1989-90 Term), Leon D. Lazer
Environmental Law (Symposium: The Supreme Court And Local Government Law: The 1989-90 Term), Leon D. Lazer
Scholarly Works
No abstract provided.
The Development Of An Industrial Waste Regulatory Program, John Dernbach, William Pounds
The Development Of An Industrial Waste Regulatory Program, John Dernbach, William Pounds
John C. Dernbach
No abstract provided.
The Externalities Of Global Warming, David Hodas
Natural Resource Damages: A Research Guide, David R. Hodas
Natural Resource Damages: A Research Guide, David R. Hodas
David R. Hodas
No abstract provided.