Environmental Law Commons^™

Application Of The Rational Basis Test To Treaty-Implementing Legislation: The Need For A More Stringent Standard Of Review, Virginia H. Johnson

Cardozo Law Review

No abstract provided.

Reducing Emissions From The Electricity Generation Industry: Can We Finally Do It?, Shi-Ling Hsu

Scholarly Publications

No abstract provided.

Thresholds Of Private Cercla Liability: Redefining "Necessary" Under Section 107(A)(4)(B), Jennifer I. Fox

Indiana Law Journal

No abstract provided.

Agenda: A Cartography Of Governance: Exploring The Province Of Environmental Ngos, University Of Colorado Boulder. School Of Law, University Of Colorado Boulder. Environmental Program, University Of Tulsa. National Energy-Environment Law & Policy Institute, University Of Colorado Boulder. United Government Of Graduate Students

A Cartography of Governance: Exploring the Province of Environmental NGOs (April 7-8)

Presented by: the Colorado Journal of International Environmental Law and Policy on April 7 & 8, 2001. Symposium director: Lakshman D. Guruswamy.

Co-sponsored by: University of Colorado School of Law, University of Colorado Environmental Program, University of Tulsa National Energy-Environment Law and Policy Institute, University of Colorado United Government of Graduate Students.

The papers and edited proceedings of the conference will be published in a special symposium issue of the Colorado Journal of International Environmental Law & Policy (CJIELP).

"The first objective of the Symposium was to understand and explore the growing importance of nongovernmental actors, and delineate the manner …

Environmental Certification Systems And U.S. Environmental Law: Closer Than You May Think, Errol E. Meidinger

Journal Articles

Many industrial organizations are committing to achieve improved environmental performance through non-governmentally instituted environmental certification programs. Such programs typically define the environmental standards that firms must meet as well as the organizational mechanisms required to achieve and "certify" compliance. Well known examples include the chemical industry's "Responsible Care" program, the International Organization for Standardization's "ISO 14000" environmental management program, and the Forest Stewardship Council's well-managed forests program.

Because of their ostensibly private and voluntary nature, environmental certification programs are often presumed to be separate and distinct from law. In fact, however, they are deeply intertwined with law, and seem likely …

Patenting Industry Standards, 34 J. Marshall L. Rev. 897 (2001), Janice M. Mueller

UIC Law Review

No abstract provided.

The Gap Between Informational Goals And The Duty To Gather Information: Challenging Piecemealed Review Under The Washington State Environmental Policy Act, Keith H. Hirokawa

Seattle University Law Review

In 1971, Washington enacted the State Environmental Policy Act (SEPA), which requires agencies to make a threshold determination of whether a project is likely to significantly affect the environment and, where such impacts are likely, to produce an environmental impact statement (EIS). One problem faced in implementing the goals of SEPA is the practice of "piecemealing." Part I of this Article introduces the piecemeal problem by describing three common piecemeal situations. The first situation occurs when a project proposal is divided into such small parts that the environmental impacts from each individual part appear insignificant and the impact from the …

Brief For Respondents Massachusetts And New Jersey, American Trucking Associations, Inc. V. Browner, Nos. 99-1257 & 99-1426 (U.S. Sep. 11, 2000), Lisa Heinzerling, Richard J. Lazarus

U.S. Supreme Court Briefs

No abstract provided.

Clear Consensus, Ambiguous Commitment, Christopher H. Schroeder

Michigan Law Review

Americans from every demographic, socioeconomic, racial, and ethnic category identify themselves as concerned about the environment, and most say that they have personally taken steps to reduce pollution or improve environmental quality in some way. One of the most salient cultural and social signatures of the contemporary era in the United States, and throughout much of the world, has been the diffusion of a desire to protect, preserve, and restore features of the natural environment to a greater degree than current practices and policies do. These environmental concerns are not only widely shared, they have been extended to become a …

The Case Against Private Disparate Impact Suits, Thom Lambert

Faculty Publications

This article argues that the Third Circuit, and the courts that have implicitly approved private disparate impact suits, have erred in construing Title VI to permit private plaintiffs to sue federally funded entities for discrimination based on disparate impact alone. From a policy standpoint, permitting private disparate impact suits is a bad idea, for the threat of such suits will lead to deterrence of actions and decisions that have incidental disparate effects but are, on the whole, good.

Is The Clean Air Act Unconstitutional?, Cass R. Sunstein

Michigan Law Review

This Article deals with two linked questions. The first involves the future of the Clean Air Act. The particular concern is how the Environmental Protection Agency ("EPA") might be encouraged, with help from reviewing courts, to issue better ambient air quality standards, and in the process to shift from some of the anachronisms of 1970s environmentalism to a more fruitful approach to environmental protection. The second question involves the role of the nondelegation doctrine in American public law, a doctrine that shows unmistakable signs of revival. I will suggest that improved performance by EPA and agencies in general, operating in …

Keeping Clean Waters Clean: Making The Clean Water Act's Antidegradation Policy Work, John A. Chilson

University of Michigan Journal of Law Reform

This Note stresses the importance of making the Clean Water Act's antidegradation policy work in order to avoid a system of national waters of equally mediocre quality. The Nation's highest quality and most important waters are not receiving appropriate protection under the Act because the antidegradation policy contains vague definitions, the states fail to review water quality standards every three years and to entertain citizens' petitions, and the Environmental Protection Agency has not taken an active role in ensuring compliance with federal standards. This Note examines the schemes of the Great Lakes States and Florida and hypothesizes that similar provisions …

Learning From Nepa: Some Guidelines For Responsible Federal Risk Legislation, John S. Applegate, Celia Campbell-Mohn

Articles by Maurer Faculty

The past three or more Congresses have seen substantial efforts to enact "risk reform" legislation that would require environmental, health, and safety regulations to be adopted following the performance of risk assessments modeled on quantitative risk assessment methods for carcinogens. While such a requirement has potentially beneficial effects on the quality of the resulting rules, there is also a substantial potential for mischief by reorienting substantive environmental, health, and safety regulation, and by introducing substantial new costs and delays into the regulatory process. This article, which is derived from a report by the authors to support an American Bar Association …

Prohibiting Conduct, Not Consequences: The Limited Reach Of The Migratory Bird Treaty Act, Benjamin Means

Michigan Law Review

Dissatisfied with the protection afforded wildlife by more recent environmental laws, some environmentalists seek to reinterpret one of the oldest federal environmental laws, the Migratory Bird Treaty Act (MBTA). Long understood simply to regulate hunting, the MBTA makes it illegal to "take" or "kill" migratory birds without a permit. The MBTA imposes strict liability for a violation. A heady combination of strict liability, criminal penalty provisions, and vague language, the MBTA appeals to those seeking to control land use activity. Some environmentalists advocate an interpretation of the MBTA that, contrary to legislative intent and 80 years of enforcement practice, would …

Public Issues In Parks And Recreation Activity In The 105th Congress, Barry S. Tindall

Outdoor Recreation: Promise and Peril in the New West (Summer Conference, June 8-10)

3 pages.

Outdoor Recreation And Water Development: The National Recreation Lakes Study, Bruce R. Brown

Outdoor Recreation: Promise and Peril in the New West (Summer Conference, June 8-10)

12 pages.

Field Level Conflict Management In Outdoor Recreation, Arden Anderson

Outdoor Recreation: Promise and Peril in the New West (Summer Conference, June 8-10)

16 pages.

Contains references.

The User Fee Approach To Hunting And Fishing Finance: The “Teaming With Wildlife” Proposal, R. Max Peterson

Outdoor Recreation: Promise and Peril in the New West (Summer Conference, June 8-10)

18 pages (includes color illustrations).

Contains footnotes.

Recreation As An Ally For Environmental Protection, Gary Sprung

Outdoor Recreation: Promise and Peril in the New West (Summer Conference, June 8-10)

10 pages.

Contains references.

Legal Issues In Outdoor Recreation: Trends In Litigation, Ted Zukoski

Outdoor Recreation: Promise and Peril in the New West (Summer Conference, June 8-10)

17 pages.

Governmental Takings, Court Of Appeals: Gazza V. New York State Department Of Environmental Conservation

Touro Law Review

No abstract provided.

Ozone Transport And The Clean Air Act: The Answers Are Blowin' In The Wind, Shari R. Desalvo

Cleveland State Law Review

This Note addresses the major provisions of the Clean Air Act that deal with the transport of ozone from one state to another. After an overview of the Act and specific sections dealing with ozone transport, the Note discusses the Environmental Protection Agency's (the "EPA") inconsistent interpretation and application of the Act, as exposed through the limited case law addressing this issue to date. Next, using the illustrative cases of Pennsylvania and Ohio, the Note discusses how Northeastern states are suffering economically and physically due to Midwestern pollution. This Note concludes that it is time for the EPA to stop …

The Potential Impact Of Marpol Annex Vi On The Design And Operation Of Oil Tankers, Pratomo Setyohadi

World Maritime University Dissertations

No abstract provided.

When Is A Mortgage Guarantee Not Worth The Price Of A Notary? - The Incongruent Judicial Application Of New York’S Deficiency Judgment Statute, Benjamin Gruberg

Cardozo Law Review

Collateral for a mortgage is usually real property which, in the event that the mortgagor (borrower) defaults, is often sold by the mortgagee (lender) in a foreclosure sale. When the collateral consists of multiple parcels of real property and sale of the first parcel fails to realize the full amount of the outstanding debt, a deficiency results. The mortgagee next expects to sell the remaining properties in an attempt to secure full payment of this deficiency.

Toothless? The Endangered Manatee And The Florida Manatee Sanctuary Act, Keith Rizzardi

Florida State University Law Review

No abstract provided.

Slamming Shut The Ark Doors: Congress's Attack On The Listing Process Of The Endangered Species Act, Jeffrey S. Kopf

Animal Law Review

The 104th Congress legislated a complete moratorium on the listing of species and critical habitat under the Endangered Species Act. Mr. Kopf explores the motivations behind the moratorium and shows how market forces may further weaken the ESA. This article questions whether the moratorium and its subsequent repeal signal a new era of environmental awareness or a return to industry's discreet manipulation of the legislative process.

The Problem Of Statutory Detail In National Park Establishment Legislation And Its Relationship To Pollution Control Law, Robert L. Fischman

Articles by Maurer Faculty

No abstract provided.

Are Tuna And Dolphins The Same? A Rule Of Reason Approach To Resolve The Trade And Environment Conflict, Anantha K. Paruthipattu

LLM Theses and Essays

Trade and environment are both primary values in an ecologically and economically interdependent world; unleashing trade without regard to environmental impact is as detrimental as guarding the environment at the expense of trade and development. Tuna and dolphins have come to symbolize the policy struggle between trade and environment. In early 1990, the United States banned the import of tuna from Mexico and other countries that were fishing in a manner that damaged dolphins in the Eastern Tropical Pacific Ocean. Mexico challenged this ban before a GATT Panel, which ruled against the United States and held that the tuna ban …

Turning Back The Clock: The Unfunded Mandates Reform Act Of 1995 And Its Effective Repeal Of Environmental Legislation, Susan E. Leckrone

Indiana Law Journal

No abstract provided.

What Can We Learn From Past Reform Efforts, R. Max Peterson

The National Forest Management Act in a Changing Society, 1976-1996: How Well Has It Worked in the Past 20 Years?: Will It Work in the 21st Century? (September 16-18)

7 pages.

Contains footnotes and references.