Environmental Law Commons^™

Agenda: Biodiversity Protection: Implementation And Reform Of The Endangered Species Act, University Of Colorado Boulder. Natural Resources Law Center

Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)

Conference organizers and/or faculty included University of Colorado School of Law professors Betsy Rieke, David H. Getches, Michael A. Gheleta and Charles F. Wilkinson.

All across the country--in Congress, in state legislatures and in urban and rural communities--people are discussing why we should or should not protect biodiversity and how best to do so. Since the Endangered Species Act is up for reauthorization, a variety of reform proposals are being debated. Speakers--including natural resource scholars, experts from the private and nonprofit sectors, and government officials--will examine the rationale for biodiversity protection, the legal framework of the Endangered Species Act, and …

The Scientific Underpinnings Of Biodiversity Protection, Jane Lubchenko

Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)

5 pages.

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.

Is Title Vi A Magic Bullet? Environmental Racism In The Context Of Political-Economic Processes And Imperatives, Steven A. Light, Kathryn R.L. Rand

Michigan Journal of Race and Law

This Article examines avenues of redress and pollution prevention for impoverished people of color that flow from Title VI litigation strategies within the larger context of the environmental justice movement. Environmental justice issues can serve as tools with which to question status quo distributive policymaking processes and outcomes. Specifically, this Article concerns itself with practical routes toward increasing distributive justice and democratic efficacy.

Federal Lands And Watershed Based Management Approaches, Teresa Rice

Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13)

12 pages.

Contains 1 footnote and 1 page of references.

The Natural Resource Law Center Conference On “Challenging Federal Ownership And Management Public Lands And Public Benefits”, Frank H. Murkowski

Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13)

8 pages.

Faculty Addendum, Gregg Renkes

Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13)

1 page.

Agenda: Challenging Federal Ownership And Management: Public Lands And Public Benefits, University Of Colorado Boulder. Natural Resources Law Center

Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13)

Conference organizers, speakers and/or moderators included University of Colorado School of Law professors David H. Getches, Michael A. Gheleta, Teresa Rice, Elizabeth Ann (Betsy) Rieke and Charles F. Wilkinson.

In the face of numerous proposals for privatizing, marketing, and changing the management of public lands, the Natural Resources Law Center will hold its third annual fall public lands conference October 11-13, at the CU School of Law in Boulder.

A panel of public land users and neighbors, including timber, grazing, mining, recreation, and environmental interests, will address current discontent with public land policy and management. There will also be discussion …

Public Land Policy Is Ripe For Change, James L. Huffman

Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13)

18 pages.

Managing Household Hazardous Waste Or Making A Choice To Do Something Without Going Broke, Maine State Planning Office

Maine Collection

Managing Household Hazardous Waste Or Making a Choice to Do Something Without Going Broke

State of Maine, State Planning Office, Augusta, Maine

Androscoggin Valley Council of Governments, Auburn, Maine

August 1995.

Contents: Acknowledgements / Abbreviations / Introduction / I. History of Household Hazardous Waste in Maine / II. How-To Guide for Towns / Appendixes / Bibliography

The Indiana Environmental Policy Act: Casting A New Role For A Forgotten Statute, Jeffrey L. Carmichael

Indiana Law Journal

No abstract provided.

In Search Of Accountability: The Legislative Re-Invention Of Environmental Law And Policy In Indiana, Robert F. Blomquist

Law Faculty Publications

No abstract provided.

If Your Grandfather Could Pollute, So Can You: Environmental "Grandfather Clauses" And Their Role In Environmental Inequity, Heidi Gorovitz Robertson

Law Faculty Articles and Essays

When this country was struggling over voting rights, it adopted what are now called "grandfather clauses" to exclude certain groups from the democratic process. Although various types of laws excluded people from voting, a man could vote if his grandfather had been allowed to vote. [FN3] Applied to modern environmental laws, a grandfather clause, in essence, says, "if your grandfather could pollute, so can you."In the environmental arena, these laws make it much easier for companies or municipalities to expand older, existing facilities than to create new ones. They also make it significantly more difficult for opponents to shut down …

Changes In The Clean Water Act Since Kepone: Would They Have Made A Difference?, Wiliam Goldfarb

University of Richmond Law Review

In the anti-regulatory climate that currently pervades the American political scene, it is important to emphasize the palpable and significant accomplishments of environmental regulation. One measure of the success of environmental law during the past twenty-five years is that long-term, relatively localized environmental contamination-such as the pollution of the lower James River by Kepone between 1966 and 1975-probably can no longer occur in the United States. Major environmental statutes, enacted during the decade between 1976 and 1986, have precluded continuing environmental abuses of this scope and magnitude. The Resource Conservation and Recovery Act (RCRA), enacted in 1976, establishes a compre- …

A Beginning And Not An End In Itself: The Role Of Risk Assessment In Environmental Decision-Making, John S. Applegate

Articles by Maurer Faculty

No abstract provided.

Overtaking The Fifth Amendment: The Legislative Backlash Against Environmentalism, Michael Allan Wolf

Law Faculty Publications

These are heady times for the champions of private property rights. The U.S. Supreme Court, in Dolan v. City of Tigard, building on the foundation laid in Nollan v. California Coastal Commission and Lucas v. South Carolina Coastal Council,6 chastised a local government for its apparent failure to demonstrate that the development conditions placed on a commercial landowner were "roughly proportional" to the city's goals of floodplain protection and traffic regulation. Judges sitting on the U.S. Court of Claims ("Claims Court"), a veritable hotbed of regulatory takings activity, have issued a series of opinions resulting in hefty bills …

An American Perspective On Environmental Impact Assessment In Australia, Mark Squillace

Publications

No abstract provided.

On The Topology Of Uniform Environmental Standards In A Federal System And Why It Matters (Symposium: Environmental Federalism), James E. Krier

Articles

Uniform standards are much favored among the makers of federal environmental policy in the United States, which is to say, among the members of Congress. By and large-judging at least from the legislation it has enacted-Congress expects the air and water eventually to meet the same minimum levels of quality in every state in the country, and expects each pollution source in any industrial category or subcategory to be controlled just as much as every other such source, notwithstanding the source's location or other peculiar characteristics. There are exceptions to these generalizations, but they are exceptions and not the rule.1 …

The Case Against Intermediate Owner Liability Under Cercla For Passive Migration Of Hazardous Waste, Robert L. Bronston

Michigan Law Review

This Note argues that Congress intended disposal to have an active meaning and therefore that courts should not hold prior intermediate owners liable for the passive migration of hazardous waste under section 107(a)(2). Part I examines CERCLA's definition of disposal. This Part concludes that the language of the definition, though somewhat ambiguous, supports the active defuiition. Part II considers the history of both CERCLA and the Resource Conservation and Recovery Act (RCRA), which CERCLA amended, in order to determine whether Congress intended to require affirmative conduct on the part of intermediate owners as a prerequisite to liability. Part II …

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.

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? (Summer Conference, June 13-15)

25 pages.

Searching For Basinwide Solutions To Endangered Species Problems Of The South Platte Of Colorado, James S. Lochhead

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

42 pages (includes illustrations and map).

Contains endnotes.

“Takings” And The Endangered Species Act, Oliver A. Houck

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

3 pages.

The Fifth Amendment And The Retained Sovereignty Doctrine: A Study Of The Endangered Species Act And The Central Valley Project Improvement Act As Applied To Central Valley Project Water Service Contracts, Brian E. Gray

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

12 pages.

The Endangered Species Act And Constitutional Takings, Robert Meltz

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

18 pages.

Contains references.

Regulatory Takings And Resources: What Are The Constitutional Limits?, Virginia S. Albrecht

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

52 pages.

Contains footnotes.

Agenda: Regulatory Takings And Resources: What Are The Constitutional Limits?, University Of Colorado Boulder. Natural Resources Law Center, Byron R. White Center For The Study Of American Constitutional Law

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

Sponsored by the University of Colorado's Natural Resources Law Center and the Byron R. White Center for American Constitutional Study.

Conference organizers, faculty and/or moderators included University of Colorado School of Law professors David H. Getches, Lawrence J. MacDonnell, Gene R. Nichol, Jr. and Mark Squillace.

Governmental regulation for environmental protection and other important public purposes can affect the manner in which land and natural resources are developed and used. The U.S. constitution (and most state constitutions) prohibit the government from "taking" property without payment of compensation. Originally intended to apply to situations where the government physically seized private property …

Floodplain And Wetland Regulatory “Takings”, Jon A. Kusler

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

4 pages.

The New Gold Rush: Mine Tailings In Southeast Alaska And Perversion Of The Clean Water Act, Beth Leibowitz

University of Michigan Journal of Law Reform

Part I of this Note provides a basic explanation of the mine tailings problem. Part II of this Note discusses the evolution of the agencies' tailings decision and the statutory and regulatory context in which it occurred. Part III outlines briefly the actual decision, which involved the theory that neither the EPA nor the Corps should apply the usual CWA permit requirements to the initial discharge of mine waste. Part IV evaluates the legal basis for that decision and concludes, based on the language of the CWA, the EPA's own prior policy, and judicial precedent, that the decision was without …