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Environmental Law Commons

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Fordham Law School

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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 Jan 1993

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 Jan 1992

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 Jan 1992

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 Jan 1992

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 Jan 1992

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 Jan 1992

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 Jan 1992

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 Jan 1992

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 Jan 1992

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 Jan 1992

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 Jan 1992

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 Jan 1992

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 Jan 1991

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 Jan 1991

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 Jan 1991

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 Jan 1991

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 Jan 1991

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 Jan 1991

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 Jan 1991

Toc 02.2, N/A N/A

Fordham Environmental Law Review

No abstract provided.


It's Not Easy Being Green: The Judicial View Of Government Takings Of Private Wetlands, Alan S. Rafterman Jan 1991

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 Jan 1991

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 Jan 1991

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 Jan 1984

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 Jan 1983

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 Jan 1983

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 Jan 1983

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 Jan 1982

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 Jan 1981

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 Jan 1979

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 Jan 1978

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 …