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- Environmental law (68)
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- Publication Type
Articles 901 - 930 of 1049
Full-Text Articles in Environmental Law
The Commerce Clause Meets The Delhi Sands Flower-Loving Fly, John Copeland Nagle
The Commerce Clause Meets The Delhi Sands Flower-Loving Fly, John Copeland Nagle
Michigan Law Review
The protagonist in our story has six legs, is one inch long, and dies two weeks after it emerges from the ground. To the untrained eye, the Delhi Sands Flower-Loving Fly looks like, well, a big fly. Entomologists know better. This particular fly can hover like a hummingbird as it uses its long tubular nose to extract nectar from flowers. It can only live in particular fine soils - the Delhi sands - that appear in patches over a forty square mile stretch from Colton to Ontario, California. Today only a few hundred Delhi Sands Flower-Loving Flies survive in less …
Endangered Species Act: Standing To Sue. Bennett V. Spear, 117 S. Ct. 1154 (1997)., R. Margaret Dobson
Endangered Species Act: Standing To Sue. Bennett V. Spear, 117 S. Ct. 1154 (1997)., R. Margaret Dobson
University of Arkansas at Little Rock Law Review
No abstract provided.
The Original Understanding Of The Takings Clause, William Michael Treanor
The Original Understanding Of The Takings Clause, William Michael Treanor
Georgetown Environmental Law & Policy Institute Papers & Reports
The champions of the property rights movement claim that they are fighting to restore the original understanding of the Takings Clause of the Fifth Amendment. They invoke James Madison and other founding fathers as support for proposed statutes that require the federal government to pay property owners when it prevents them from harming the environment or jeopardizing the survival of endangered species. Wetlands regulation, it is often said, "takes" property by diminishing its value, and the founders adopted the Takings Clause to ensure that, when government regulations diminished the value of property, the owner would receive compensation. Increasing numbers of …
Without A Clue And Still Without A Master Plan: Municipalities Left Uncertain How To Manage Waste Disposal Crisis In Wake Of Third Circuit Decision In Harvey & (And) Harvey, Inc. V. County Of Chester, Erik T. Koons
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Acorn V. Edwards: Did The Fifth Circuit Squirrel Away States' Tenth Amendment Rights At The Cost Of National Environmental Welfare, Kimberly C. Galligan
Acorn V. Edwards: Did The Fifth Circuit Squirrel Away States' Tenth Amendment Rights At The Cost Of National Environmental Welfare, Kimberly C. Galligan
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Governmental Takings, Court Of Appeals: Gazza V. New York State Department Of Environmental Conservation
Touro Law Review
No abstract provided.
Compensation And The Interconnectedness Of Property, Thomas W. Merrill
Compensation And The Interconnectedness Of Property, Thomas W. Merrill
Faculty Scholarship
Professor Joseph Sax's scholarship on the Takings Clause combines the craft of a first-class lawyer with the passion of a visionary. The good lawyer that he is, Sax's scholarship reflects a deep understanding of Supreme Court case law, legal history, and the practical dimensions of various kinds of land use disputes. Yet his work on takings is not animated by any desire for mere doctrinal tidiness. It is driven by a distinctive vision – one in which the earth's resources are becoming increasingly interconnected and in which there is an increasing need for the government to resolve conflicts regarding the …
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Emergency Planning And Community Right-To-Know Citizen Suits: Should The Supreme Court Extend Gwaltney?, Jeffrey A. Keithline
Emergency Planning And Community Right-To-Know Citizen Suits: Should The Supreme Court Extend Gwaltney?, Jeffrey A. Keithline
Washington and Lee Law Review
No abstract provided.
Brownfields, Environmental Federalism, And Institutional Determinism, William Wade Buzbee
Brownfields, Environmental Federalism, And Institutional Determinism, William Wade Buzbee
William & Mary Environmental Law and Policy Review
No abstract provided.
Leslie Salt Co. V. United States: Have Migratory Birds Carried The Commerce Clause Across The Borders Of Reason, Marni A. Gelb
Leslie Salt Co. V. United States: Have Migratory Birds Carried The Commerce Clause Across The Borders Of Reason, Marni A. Gelb
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Gopher Oil Co. V. Bunker: Did The Eighth Circuit Make The Ripe Decision Or Did It Dig Itself Into A Hole When Ruling On Cercla, David M. Cessante
Gopher Oil Co. V. Bunker: Did The Eighth Circuit Make The Ripe Decision Or Did It Dig Itself Into A Hole When Ruling On Cercla, David M. Cessante
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Poof, Up In Smoke - The Coal Industry Gets Burned: The Seventh Circuit Incinerates State Autonomy With Its Strict Interpretation Of The Dormant Commerce Clause In Alliance For Clean Coal V. Miller, Jennifer A. Irrgang
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Administrative Rulemaking (Testimony), David Schoenbrod
Administrative Rulemaking (Testimony), David Schoenbrod
Other Publications
This post originally appeared on https://www.cato.org/publications/congressional-testimony/administrative-rulemaking
Is A Textualist Approach To Statutory Interpretation Pro-Environmentalist?: Why Pragmatic Agency Decisionmaking Is Better Than Judicial Literalism, Bradford Mank
Faculty Articles and Other Publications
This Article provides both anecdotal evidence and a more theoretical argument for why textualist statutory interpretation is not the best approach to address environmental. issues.
Text, Purpose And Facts: The Relationship Between Cercla Sections 107 And 113, William D. Araiza
Text, Purpose And Facts: The Relationship Between Cercla Sections 107 And 113, William D. Araiza
Faculty Scholarship
No abstract provided.
Congressional Bailout Of Flow Control: Saving The Burning Beast, Sidney M. Wolf
Congressional Bailout Of Flow Control: Saving The Burning Beast, Sidney M. Wolf
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Does Fifra Label State Tort Claims For Inadequate Warning Preempted - Welchert V. American Cyanamid, Inc., Ian M. Hughes
Does Fifra Label State Tort Claims For Inadequate Warning Preempted - Welchert V. American Cyanamid, Inc., Ian M. Hughes
Villanova Environmental Law Journal (1991 - )
No abstract provided.
The Flow Control Of Solid Waste And The Commerce Clause: Carbone And Its Progeny, John Turner
The Flow Control Of Solid Waste And The Commerce Clause: Carbone And Its Progeny, John Turner
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Structures Of Environmental Criminal Enforcement, Michael E. Herz
Structures Of Environmental Criminal Enforcement, Michael E. Herz
Articles
No abstract provided.
"For Our Own Good:" Federal Preemption Of State Tort Law - Risk, Regulation, And The Goals Of Environmental Protection, John Robertson
"For Our Own Good:" Federal Preemption Of State Tort Law - Risk, Regulation, And The Goals Of Environmental Protection, John Robertson
William & Mary Environmental Law and Policy Review
No abstract provided.
A Comparative Analysis Of Internal Controls On The Transfer Of Waste Within The E.U. And U.S., Christopher J. Foreman
A Comparative Analysis Of Internal Controls On The Transfer Of Waste Within The E.U. And U.S., Christopher J. Foreman
Cardozo Journal of International and Comparative Law
The article examines the legal frameworks governing the interstate and international movement of waste, focusing on the tension between environmental protection and free trade. It highlights how the U.S. Supreme Court has consistently struck down state laws that discriminate against out-of-state waste under the Commerce Clause, emphasizing the need for nondiscriminatory solutions. In contrast, the European Union prioritizes environmental protection and self-sufficiency, allowing restrictions on waste movement under specific conditions. The article suggests that a more coherent framework is needed to balance these competing interests effectively.
Accountability And Mandates: Redefining The Problem Of Federal Spending Conditions, Edward A. Zelinsky
Accountability And Mandates: Redefining The Problem Of Federal Spending Conditions, Edward A. Zelinsky
Articles
No abstract provided.
Has The U.S. Supreme Court Finally Drained The Swamp Of Takings Jurisprudence? The Impact Of Lucas V. South Carolina Coastal Council On Wetlands And Coastal Barrier Beaches, Hope M. Babcock
Georgetown Law Faculty Publications and Other Works
This article argues that the Court's reliance on the law of property neither creates an internal inconsistency in takings law nor necessarily leads to further destruction of natural resources. Background principles of property law, such as custom and public trust, have long provided a basis for government protection of the public's interest in certain types of land, like the barrier beach David Lucas sought to develop.
Thus, the Lucas case need not be perceived as casting a constitutional cloud over laws protecting important ecosystems like wetlands and barrier beaches. The decision may not place these resources in greater danger from …
An American Perspective On Environmental Impact Assessment In Australia, Mark Squillace
An American Perspective On Environmental Impact Assessment In Australia, Mark Squillace
Publications
No abstract provided.
Management Approaches To Addressing Takings Issues: Endangered Species Protection, I. Michael Heyman
Management Approaches To Addressing Takings Issues: Endangered Species Protection, I. Michael Heyman
Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)
15 pages.
Contains footnotes.
Regulation Of Water Use And Takings—The Government Lawyer’S Perspective, Richard M. Frank
Regulation Of Water Use And Takings—The Government Lawyer’S Perspective, Richard M. Frank
Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)
11 pages.
Contains 3 pages of references.
Private Property Rights Protection Legislation Across The Nation, Nancie G. Marzulla
Private Property Rights Protection Legislation Across The Nation, Nancie G. Marzulla
Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)
25 pages (includes 1 map).
Contains footnotes.
Regulatory Takings And Resources: What Are The Constitutional Limits?, John D. Echeverria
Regulatory Takings And Resources: What Are The Constitutional Limits?, John D. Echeverria
Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)
25 pages.