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Articles 241 - 270 of 280
Full-Text Articles in Environmental Law
Race(Ial)Matters: The Quest For Environmental Justice Review Essay, Sheila R. Foster
Race(Ial)Matters: The Quest For Environmental Justice Review Essay, Sheila R. Foster
Faculty Scholarship
The essays contained in Race and the Incidence of Environmental Hazards: A Time For Discourse and the recent report by the United States Environmental Protection Agency (EPA), Environmental Equity: Reducing Risk For All Communities represent what appears to be a remarkable consensus that low-income and minority communities bear a disproportionate share of environmental exposures and health risks. These two works also reflect the synergy of efforts by various elements of both the traditional civil rights and mainstream environmental movements to address issues of "environmental racism." Indeed, the current "environmental justice," or "environmental equity,"' movement is a combined effort of grassroots …
Closing The Frozen Treasure Chest: Antarctica's New Environmental Protocol, Andrew F. Neuman
Closing The Frozen Treasure Chest: Antarctica's New Environmental Protocol, Andrew F. Neuman
Fordham Environmental Law Review
No abstract provided.
The Role Of Insurance In Environmental Liability, Jeffrey Terence Knebel
The Role Of Insurance In Environmental Liability, Jeffrey Terence Knebel
Fordham Environmental Law Review
No abstract provided.
Garbage And The Constitution: Solid Waste Disposal, The Dormant Commerce Clause, And The Market Participant Exception, Edward W. Greason
Garbage And The Constitution: Solid Waste Disposal, The Dormant Commerce Clause, And The Market Participant Exception, Edward W. Greason
Fordham Environmental Law Review
No abstract provided.
A Survey Of Approaches To Assessing Damages To Contaminated Private Property, Kenneth F. Mccallion
A Survey Of Approaches To Assessing Damages To Contaminated Private Property, Kenneth F. Mccallion
Fordham Environmental Law Review
No abstract provided.
Rcra Reauthorization: Moving The Incineration Issue To The Front Burner, Marylou Scofield
Rcra Reauthorization: Moving The Incineration Issue To The Front Burner, Marylou Scofield
Fordham Environmental Law Review
No abstract provided.
The Real Acid Test Of Title Iv Of The Clean Air Act Amendments Of 1990: External Cost Justifications Not Related To Acid Deposition Control, James R. May
Fordham Environmental Law Review
No abstract provided.
The Criminal Provisions Of The Clean Air Act Amendments Of 1990: A Continuation Of The Trend Toward Criminalization Of Environmental Violations, Micheal S. Elder
The Criminal Provisions Of The Clean Air Act Amendments Of 1990: A Continuation Of The Trend Toward Criminalization Of Environmental Violations, Micheal S. Elder
Fordham Environmental Law Review
No abstract provided.
Whose Grass Is Greener? Green Marketing: Toward A Uniform Approach For Responsible Environmental Advertising, Joanna Watman
Whose Grass Is Greener? Green Marketing: Toward A Uniform Approach For Responsible Environmental Advertising, Joanna Watman
Fordham Environmental Law Review
No abstract provided.
Environmental Review And Economic Development: A Modest Proposal, Howard Goldman
Environmental Review And Economic Development: A Modest Proposal, Howard Goldman
Fordham Urban Law Journal
Environmental Review requires government, whenever taking discretionary action, consider the consequences on the environment. This essay briefly explores what exactly environmental review is and advocates for the exporting of the New York versions of Environmental Review requirements to all trading nations across the world.
The Constitutionality Of Remote Sensing Satellite Surveillance In Warrantless Environmental Inspections, Karen Geer
The Constitutionality Of Remote Sensing Satellite Surveillance In Warrantless Environmental Inspections, Karen Geer
Fordham Environmental Law Review
No abstract provided.
Chicken Of The Sea: Gatt Resrictions On United States Environmental Measures Designed To Protect Marine Mammals, Alan S. Rafterman
Chicken Of The Sea: Gatt Resrictions On United States Environmental Measures Designed To Protect Marine Mammals, Alan S. Rafterman
Fordham Environmental Law Review
No abstract provided.
The Oil Pollution Act Of 1990: A Long Time Coming, Cynthia Carney Johnson
The Oil Pollution Act Of 1990: A Long Time Coming, Cynthia Carney Johnson
Fordham Environmental Law Review
No abstract provided.
What Epa Says, Goes: Dispute Resolution Under The Rcra Corrective Action Program And The Impact Of The Proposed Rule, Steven L. Leifer
What Epa Says, Goes: Dispute Resolution Under The Rcra Corrective Action Program And The Impact Of The Proposed Rule, Steven L. Leifer
Fordham Environmental Law Review
No abstract provided.
The Federal Insecticide, Fungicide And Rodenticide Act: Preemption And Toxic Tort Law, Kevin Mcelroy, Josh J. Kardisch, Joseph J. Ortego
The Federal Insecticide, Fungicide And Rodenticide Act: Preemption And Toxic Tort Law, Kevin Mcelroy, Josh J. Kardisch, Joseph J. Ortego
Fordham Environmental Law Review
No abstract provided.
Environmental Liability Pitfalls For Public Employee Retirement Systems, Timothy G. Rogers, Laurence S. Kirsch, Paul D. Stevelman
Environmental Liability Pitfalls For Public Employee Retirement Systems, Timothy G. Rogers, Laurence S. Kirsch, Paul D. Stevelman
Fordham Environmental Law Review
No abstract provided.
Regulation Of The Outer Space Environment Through International Accord: The 1979 Moon Treaty, James R. Wilson
Regulation Of The Outer Space Environment Through International Accord: The 1979 Moon Treaty, James R. Wilson
Fordham Environmental Law Review
No abstract provided.
Clearing The Air: Resolving The Asbestos Personal Injury Litigation Crisis, Richard A. Solomon
Clearing The Air: Resolving The Asbestos Personal Injury Litigation Crisis, Richard A. Solomon
Fordham Environmental Law Review
No abstract provided.
Toc 02.2, N/A N/A
It's Not Easy Being Green: The Judicial View Of Government Takings Of Private Wetlands, Alan S. Rafterman
It's Not Easy Being Green: The Judicial View Of Government Takings Of Private Wetlands, Alan S. Rafterman
Fordham Environmental Law Review
No abstract provided.
Below Regularoy Concern: The Nuclear Regulatory Commission's Solution For Radioactive Waste Management, Koren Geer
Below Regularoy Concern: The Nuclear Regulatory Commission's Solution For Radioactive Waste Management, Koren Geer
Fordham Environmental Law Review
No abstract provided.
The Clean Air Act Amendments Of 1990: Citizen Suits And How They Work, Roger A. Greenbaum, Anne S. Peterson
The Clean Air Act Amendments Of 1990: Citizen Suits And How They Work, Roger A. Greenbaum, Anne S. Peterson
Fordham Environmental Law Review
No abstract provided.
The New York State Environmental Quality Review Act Of 1975: An Analysis Of The Parties' Responsibilities In The Review/Permit Request Process, Gerald M. Levine
The New York State Environmental Quality Review Act Of 1975: An Analysis Of The Parties' Responsibilities In The Review/Permit Request Process, Gerald M. Levine
Fordham Urban Law Journal
The New York State Environmental Quality Review Act (SEQRA) was enacted in 1975 in order to declare a state policy which encourages "productive and enjoyable harmony between man and his environment." SEQRA commanded agencies to fulfill it policies and goals, and established a new layer of procedures to be followed as a prerequisite to permit issuance where the proposed action may have a significant affect on the environment. Further, SEQRA directed the Commissioner of Environmental Conservation to adopt rules and regulations to implement these policies, with which state and local agencies must comply. In particular, before a person may undertake …
Alternatives For Regulatory Control Of Acid Rain In The Northeastern United States, Deborah J. Hartman
Alternatives For Regulatory Control Of Acid Rain In The Northeastern United States, Deborah J. Hartman
Fordham Urban Law Journal
This Article will define regulatory options for curbing acid rain the northeastern United States. The first section will discuss those provisions of the Clean Air Act which address interstate air pollution. The second section examines the prominent proposals for amending the Clean Air Act to provide for acid rain regulation as enunciated by legislators, commentators and environmental organizations. The third section presents a two-pronged recommendation for broadening the Clean Air Act to prevent and control acid rain.
Environental Impact Statements: Instruments For Environmental Protection Or Endless Litigation?, Fran Hoffinger
Environental Impact Statements: Instruments For Environmental Protection Or Endless Litigation?, Fran Hoffinger
Fordham Urban Law Journal
Congress enacted the National Environmental Policy Act (NEPA) on January 1, 1970. NEPA's purpose is to "declare a national policy which will encourage productive and enjoyable harmony between man and his environment." In an effort to achieve this national policy, NEPA requires federal agencies proposing certain major federal actions that affect the environment to include an Environmental Impact Statement (EIS) in their proposal or recommendations. The EIS must include both an assessment of the beneficial and adverse environmental impacts of the proposed actions and an analysis of the impacts in light of other circumstances. This Comment discusses the historical background …
The Ocean Dumping Deadline: Easing The Mandate Millstone, Julian H. Spirer
The Ocean Dumping Deadline: Easing The Mandate Millstone, Julian H. Spirer
Fordham Urban Law Journal
This Article examines the development the "mandate millstone," the inflexible federal rules and regulations directed at state and local governments in the environmental arena. It surveys how the mandate millstone has burdened or threatened to burden the ocean dumping of sewage sludge by New York City. The Article reviews the method by which the city has traditionally disposed of its sewage sludge in the ocean waters surrounding the city, and how the city's disposal practices would have been altered radically had the city been forced to implement a plan, pursuant to United States Environmental Protection Agency (EPA) regulations, to end …
Transportation Controls: Time To Clear The Air, Ellen Hershkowitz
Transportation Controls: Time To Clear The Air, Ellen Hershkowitz
Fordham Urban Law Journal
Transportation control is an air pollution control strategy aimed at reducing the high levels of pollutants emitted by motor vehicles in urban environments. This Note examines the transportation control measures and transportation control plans adopted by New York and Texas. The Notes focuses on the different approaches taken by the two states, as a result of their available resources. New York has focused its energies on improving traffic flow, and mass transit, while Texas transportation control plans have focused on van and car pool programs, and park and ride facilities. The Note further examines the litigation resulting from the transportation …
Nuclear Accidents: Judicial Review Of The Nrc's Duty To Issue A Health Warning, Valerie Acerra
Nuclear Accidents: Judicial Review Of The Nrc's Duty To Issue A Health Warning, Valerie Acerra
Fordham Urban Law Journal
This article focuses on the increasing effects of carcinogens and toxins into the environment on the public health, particularly the hazards of radiation. Utilizing the Three Mile Island nuclear power accident as a case study, it examines the theoretical battles over nuclear power production. It analyzes whether residents living near the Three Mile Island facility were entitled to a health warning due to the radiation emitted by the accident. The article proposes that the Nuclear Regulatory Commission should be the body that issues such a warning, and examines whether the issuance of a health warning is a nondiscretionary duty of …
Environmental Considerations In Urban Highway Development: Westway- A Case In Point, Ralph B. Gilmartin
Environmental Considerations In Urban Highway Development: Westway- A Case In Point, Ralph B. Gilmartin
Fordham Urban Law Journal
This note provides an overview of the statutory law controlling urban highway construction. Specifically, it addresses the role that environmental considerations play in the decision making process. Focusing on the construction of the Westway highway in New York, the note outlines the complexities and the difficulties associated with massive highway constructions. The impact that construction has on the economy, on communities, on neighborhoods, and on the environment lead the author to seek a clarification in the statutory standards so as to reach an efficient solution.
Environmental Law: A Reevaluation Of Federal Pre-Emption And The Commerce Clause, Mark J. Alonso
Environmental Law: A Reevaluation Of Federal Pre-Emption And The Commerce Clause, Mark J. Alonso
Fordham Urban Law Journal
This Comment addresses how the concern of state and local governments to regain control over environmental regulation has resulted in a marked increase in conflicts with the commerce and supremacy clauses of the Constitution. Various tests have been used by the courts to determine violations of these Constitutional provisions where environmental objectives are sought through local laws. In the field of environmental litigation, traditional tests are constantly challenged to meet the changing moral climate of the nation. This Comment weighs the desire of local legislatures for more responsive environmental regulation against the federal goal of uniform regulation and unrestrained interstate …