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Articles 1 - 15 of 15
Full-Text Articles in Law
Standing In Environmental Citizen Suits: Laidlaw’S Clarification Of The Injury-In-Fact And Redressability Requirements, Michael P. Healy
Standing In Environmental Citizen Suits: Laidlaw’S Clarification Of The Injury-In-Fact And Redressability Requirements, Michael P. Healy
Law Faculty Scholarly Articles
In its first week of business during the new millennium, the U.S. Supreme Court decided Friends of the Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc., and provided important clarifications about the law of standing in environmental citizen suits. Specifically, the Court rejected the narrow view of environmental injury-in-fact advocated by Justice Scalia and instead adhered to the broader view of injury-in-fact established in a nonenvironmental context by the Court's decision in Federal Elections Commission v. Akins. As importantly, the Court also addressed the redressability requirement of Article III standing in Laidlaw. Here too, the Court did …
Environmental Damage Resulting From The Nato Military Action Against Yugoslavia, Aaron Schwabach
Environmental Damage Resulting From The Nato Military Action Against Yugoslavia, Aaron Schwabach
Faculty Scholarship
During the 1999 war between NATO and the Federal Republic of Yugoslavia, NATO targeted and destroyed chemical plants and storage facilities at Pancevo, Kragujevac, and elsewhere. A United Nations inspection team found that the NATO attacks had caused measurable, but not catastrophic, environmental damage wityin the territory of Yugoslavia. This article explores the historical evolution and current status of the body of law regarding protection of the environment during wartime, as well as the legality of NATO's actions. It concludes that NATO probably did not violate international law as it currently stands. However, the postwar reactions of states, including the …
16th Annual Environmental Law Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, Christopher R. Fitzpatrick, Carl W. Breeding, Timothy J. Hagerty, Marc S. Murphy, Wanda Ballard Repasky, Clinton J. Elliott, Thomas W. Fitzgerald, Dennis J. Conniff, Laura D. Keller, W. Blaine Early, Eric A. Braun, Michael P. Healy, Glenna Jo Curry, James L. Dickinson, W. Patrick Stallard, Richard H. Underwood
16th Annual Environmental Law Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, Christopher R. Fitzpatrick, Carl W. Breeding, Timothy J. Hagerty, Marc S. Murphy, Wanda Ballard Repasky, Clinton J. Elliott, Thomas W. Fitzgerald, Dennis J. Conniff, Laura D. Keller, W. Blaine Early, Eric A. Braun, Michael P. Healy, Glenna Jo Curry, James L. Dickinson, W. Patrick Stallard, Richard H. Underwood
Continuing Legal Education Materials
Materials from the 16th Annual Environmental Law Institute held by UK/CLE in May 2000.
Project Xl: Should It Be Used To Wage War On Urban Sprawl?, Janet L. Bozeman
Project Xl: Should It Be Used To Wage War On Urban Sprawl?, Janet L. Bozeman
Georgia State University Law Review
No abstract provided.
Nepa, Ecosystem Management And Environmental Accounting, David R. Hodas
Nepa, Ecosystem Management And Environmental Accounting, David R. Hodas
David R. Hodas
No abstract provided.
Thirty Years Of Environmental Protection Law In The Supreme Court, Richard J. Lazarus
Thirty Years Of Environmental Protection Law In The Supreme Court, Richard J. Lazarus
Georgetown Law Faculty Lectures and Appearances
It is an honor to present a lecture named after Lloyd Garrison and to be here at Pace Law School. It is especially fitting, of course, that the first Garrison Lecture was presented by Pace's own David Sive. Professor Sive, as we all know, worked closely with Garrison on the celebrated Scenic Hudson litigation. Few legal counsel have been so closely identified with the emergence of the environmental law profession during the past three decades. Indeed, if there were such a thing as a legal thesaurus that linked substantive areas of law with lawyers and one looked up "environ-mental law," …
The Annihilation Of Sea Turtles: Wto Intransigence And U.S. Equivocation, Lakshman Guruswamy
The Annihilation Of Sea Turtles: Wto Intransigence And U.S. Equivocation, Lakshman Guruswamy
Publications
No abstract provided.
Currencies And The Commodification Of Environmental Law, J.B. Ruhl, James Salzman
Currencies And The Commodification Of Environmental Law, J.B. Ruhl, James Salzman
Vanderbilt Law School Faculty Publications
The success of several environmental trading markets (ETMs) has led to proposals for broader use of ETMs in environmental and resource management policy. The successful ETMs all share a basic feature-they exchange units of trade that are fungible, such as tons of sulfur dioxide or kilos of fish. This feature of trading promotes resource allocation efficiency while advancing environmental protection. But most commodities exchanged in current and proposed ETMs, such as wetlands and endangered species habitat, exhibit nonfungibilities across the dimensions of type, time, and space. Using ETMs to trade these commodities is no longer trading "environmental apples for apples," …
The Ocean And International Environmental Law: Swimming, Sinking, And Treading Water At The Millennium, Douglas M. Johnston, David Vanderzwaag
The Ocean And International Environmental Law: Swimming, Sinking, And Treading Water At The Millennium, Douglas M. Johnston, David Vanderzwaag
Articles, Book Chapters, & Popular Press
Various images help capture the status and trends of international law and policy efforts to protect the ocean environment. While “treading water” and “sinking” partly describe legal conditions at the millennium, this paper examines seven challenges in the international environmental law field which at the very least promise to make for a “hard swim” in coming decades. Those challenges include: coping with the proliferation of negotiated instruments; overcoming political opposition to environmental commitments; clarifying the jurisprudential underpinnings of international environmental law; sorting out the relation of environmental ethics, science and the rule of law; fleshing out the principles of sustainable …
Environmental And Brownfield Liability: Relative Influence On Corporate Expansion And Relocation, Heidi Gorovitz Robertson, Alan K. Reichert
Environmental And Brownfield Liability: Relative Influence On Corporate Expansion And Relocation, Heidi Gorovitz Robertson, Alan K. Reichert
Law Faculty Articles and Essays
Many states in America have enacted laws to encourage the development of contaminated properties. The laws attempt to do this by addressing one barrier to redevelopment, the environmental liability attached to contaminated properties. In general, the laws attempt to remove or reduce the significance of that barrier by reducing or eliminating the environmental liability risk attached to these properties. Our hypothesis was that these efforts cannot significantly encourage redevelopment because they fail to address non-environmental barriers to urban redevelopment. To determine whether this legislative focus on environmental liability is misplaced, we conducted a survey of Northeast Ohio businesses, which had …
Restoration Rx: An Evaluation And Prescription, Alyson C. Flournoy
Restoration Rx: An Evaluation And Prescription, Alyson C. Flournoy
UF Law Faculty Publications
In this introductory article, I explore what ethics, science, economics, and law suggest about the value of restoration. These themes -- the questions and challenges posed by ethics, science, economics, and law -- resonate throughout the Articles in this Symposium. Drawing on the presentations given at the Symposium and the literature on environmental restoration, this article reviews some of the major questions that science and ethics pose for restoration, as well as the challenges posed by the economic and legal contexts within which environmental restoration occurs. After a brief comment on the definition of restoration, this article addresses the challenges …
Restoring What’S Environmental About Environmental Law In The Supreme Court, Richard J. Lazarus
Restoring What’S Environmental About Environmental Law In The Supreme Court, Richard J. Lazarus
Georgetown Law Faculty Publications and Other Works
In this Article, Professor Richard Lazarus examines the votes of the individual Justices who have decided environmental law cases before the United States Supreme Court during the past three decades. The Article reports on a number of interesting statistics regarding the identity of those Justices who have most influenced the Court's environmental law jurisprudence and the sometimes curious patterns in voting exhibited by individual Justices. Lazarus's thesis is that the Supreme Court's apparent apathy or even antipathy towards environmental law during that time results from the Justices' failure to appreciate environmental law as a distinct area of law. The Justices …
A Greener Shade Of Crimson: Law And The Environment Alumni Forum, Richard J. Lazarus
A Greener Shade Of Crimson: Law And The Environment Alumni Forum, Richard J. Lazarus
Georgetown Law Faculty Publications and Other Works
With the few minutes that I have, I want to respond to or elaborate on some of what was said and speak more directly about the development of the Environmental Law Program. Then I cannot resist commenting on some things which have not been said, but should be . . . In developing a program, one does not need to have gobs and gobs of environmental law courses. You need a core set of courses. You need a minimum of four courses - a minimum - taught by permanent faculty. You need an environmental law survey class. You need a …
“Environmental Racism! That’S What It Is.”, Richard J. Lazarus
“Environmental Racism! That’S What It Is.”, Richard J. Lazarus
Georgetown Law Faculty Publications and Other Works
In this essay, Professor Lazarus discusses former NAACP director the Rev. Dr. Benjamin Chavis's characterization of U.S. environmental policy as "environmental racism." He first justifies this provocative topic choice and then suggests that Chavis's allegation has transformed environmental law. Professor Lazarus next discusses the details of this transformation, arguing that Rev. Chavis has essentially reshaped the way environmental law and justice are conceived. He offers examples of various environmental programs and social and political effects traceable to Chavis's environmental racism comment. Finally, the conclusion provides some of the author's ruminations about the future of environmental law and policy.
Standing And Climate Change: Can Anyone Complain About The Weather?, David R. Hodas
Standing And Climate Change: Can Anyone Complain About The Weather?, David R. Hodas
David R. Hodas
No abstract provided.