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Environmental Law Commons

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Articles 631 - 660 of 725

Full-Text Articles in Environmental Law

Brief For The Appellant State Of New Union: Twelfth Annual Pace National Environmental Moot Court Competition, Mateo Davis, Fritz Ganz, Brandon Jensen Jun 2000

Brief For The Appellant State Of New Union: Twelfth Annual Pace National Environmental Moot Court Competition, Mateo Davis, Fritz Ganz, Brandon Jensen

Pace Environmental Law Review

No abstract provided.


Brief For The Appellant State Of New Union: Twelfth Annual Pace National Environmental Moot Court Competition, Matthew Chivers, Elisha Peterson, Sean Tomko Jun 2000

Brief For The Appellant State Of New Union: Twelfth Annual Pace National Environmental Moot Court Competition, Matthew Chivers, Elisha Peterson, Sean Tomko

Pace Environmental Law Review

No abstract provided.


Brief For The Appellant Friends Of Lake Tokay, Inc.: Twelfth Annual Pace National Environmental Moot Court Competition, Nicolette Corso, Barbara M. Cowherd, Jennifer Galloway Pike Jun 2000

Brief For The Appellant Friends Of Lake Tokay, Inc.: Twelfth Annual Pace National Environmental Moot Court Competition, Nicolette Corso, Barbara M. Cowherd, Jennifer Galloway Pike

Pace Environmental Law Review

No abstract provided.


Judges' Bench Memorandum: Twelfth Annual Pace National Environmental Moot Court Competition Jun 2000

Judges' Bench Memorandum: Twelfth Annual Pace National Environmental Moot Court Competition

Pace Environmental Law Review

No abstract provided.


Brief For The Appelle Buena Vista Power Co.: Twelfth Annual Pace National Environmental Moot Court Competition, J.R. Ellingson Iii, Taylor Koss, Edward Salanga Jun 2000

Brief For The Appelle Buena Vista Power Co.: Twelfth Annual Pace National Environmental Moot Court Competition, J.R. Ellingson Iii, Taylor Koss, Edward Salanga

Pace Environmental Law Review

No abstract provided.


The Standing Of Citizens To Enforce Against Violations Of Environmental Statutes In The United States, Jeffrey G. Miller Jan 2000

The Standing Of Citizens To Enforce Against Violations Of Environmental Statutes In The United States, Jeffrey G. Miller

Elisabeth Haub School of Law Faculty Publications

Judicial actions by private citizens have played a critical role in the development and enforcement of federal environmental law in the United States over several decades. The courts' general receptivity to the standing of private environmental plaintiffs has made that role possible. A troika of Supreme Court decisions on standing in environmental cases authored by Scalia J over the last decade had eroded that general receptivity, casting doubt on the continued vitality of private actions in developing and implementing environmental law. The Court's recent decision in Friends of the Earth Inc v Laidlaw Environmental Services halts this erosion. To explain …


Global Climate Change Kyoto Protocol Implementation: Legal Frameworks For Implementing Clean Energy Solutions, Richard L. Ottinger Jan 2000

Global Climate Change Kyoto Protocol Implementation: Legal Frameworks For Implementing Clean Energy Solutions, Richard L. Ottinger

Elisabeth Haub School of Law Faculty Publications

This paper describes the measures that have been and can be taken and the legal mechanisms by which successes have been achieved in reducing greenhouse gases. Examples are given of success stories from around the world, but these examples are just demonstrative. Many hundreds of programs have been pursued successfully around the world in both industrial and developing countries. What does emerge, however, is clear evidence that global warming can be effectively addressed and that many significant steps have been taken profitably in both the public and private sectors, offering significant business, export and job opportunities, and that much can …


Brief For Appellee New Union: Eleventh Annual Pace National Environmental Moot Court Competition, Patrick M. Pericak, Bill Thurston, Eric Morrow Jun 1999

Brief For Appellee New Union: Eleventh Annual Pace National Environmental Moot Court Competition, Patrick M. Pericak, Bill Thurston, Eric Morrow

Pace Environmental Law Review

No abstract provided.


Brief For The Appellee, Friends Of The Roaritan, Inc., Measuring Brief: Eleventh Annual Pace National Environmental Moot Court Competition, Thomas J. Cosgrove, Sanne H. Knudsen, Vivek S. Sankaran Jun 1999

Brief For The Appellee, Friends Of The Roaritan, Inc., Measuring Brief: Eleventh Annual Pace National Environmental Moot Court Competition, Thomas J. Cosgrove, Sanne H. Knudsen, Vivek S. Sankaran

Pace Environmental Law Review

No abstract provided.


Bench Brief: Eleventh Annual Pace National Environmental Moot Court Competition, Shelley Eccleson Jun 1999

Bench Brief: Eleventh Annual Pace National Environmental Moot Court Competition, Shelley Eccleson

Pace Environmental Law Review

No abstract provided.


Nastygram Federalism: A Look At Federal Self-Audit Policy, David N. Cassuto Jan 1999

Nastygram Federalism: A Look At Federal Self-Audit Policy, David N. Cassuto

Elisabeth Haub School of Law Faculty Publications

This Article examines the evolution of EPA's audit policy, explores the reasons for states' dissatisfaction with it, and then discusses whether the federal policy should have been issued as a rule under the Administrative Procedure Act (APA). Part I examines the evolution of the federal audit policy and then analyzes the strengths and weaknesses of the policy in its current form. Part II explores various types of evidentiary privilege and looks at the arguments for and against extending the privilege to audit reports. It then offers a similar analysis of the case for limited immunity, concluding that neither an expanded …


Grassroots Regionalism Through Intermunicipal Land Use Compacts, John R. Nolon Jan 1999

Grassroots Regionalism Through Intermunicipal Land Use Compacts, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

The question raised by this article is whether these statutes and this experience provide an opportunity to develop an effective regional approach fitted to the great diversity of New York's regions. It examines first the role local governments play in determining land use and then the statutes that authorize municipalities to cooperate with respect to land use planning and control. The article traces the use of this authority through two phases of evolution revealing ever more complex and potentially effective intermunicipal strategies. It ends with some thoughts as to how the state government could facilitate effective regional processes by providing …


Gwaltney Of Smithfield Revisited, Ann Powers Jan 1999

Gwaltney Of Smithfield Revisited, Ann Powers

Elisabeth Haub School of Law Faculty Publications

This article returns to the earlier Gwaltney decision, looking both to the text of the Gwaltney opinion, and to internal memoranda demonstrating the debate which occurred among the justices themselves over the nature of the beast with which they were dealing: a confusing mixture of subject matter jurisdiction, substantive cause of action and constitutionally based standing requirements. This review leads to the conclusion that the opinion's lack of analytical clarity, which created substantial confusion for courts and litigants, could have been avoided by a more carefully reasoned work based on the Court's internal discussions. Further, the Court's decision in Steel …


Impact Statements: Regulations Leave Room For Delays In Seqra Proceedings, John R. Nolon Dec 1998

Impact Statements: Regulations Leave Room For Delays In Seqra Proceedings, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

SEQRA, the New York State Environmental Quality Review Act, creates a process whereby public actions are reviewed with the intent to mitigate adverse environmental impacts. The SEQRA process has several flexible time constraints, which through negotiation, may be extended. Issues often arise due to the discrepancies between SEQRA’s imposed time limits and the time limits imposed on land use boards to make determinations about proposed projects. The question of which time limits apply was determined in Sun Beach Real Estate Corp. v. Anderson Beach. In that case, the court held that decisions, such as site plan approval deadlines, do not …


Brief For The Appellant, Blackacre Forest Products, Inc.: Tenth Annual Pace National Environmental Moot Court Competition, Matthew J. Haindfield, Jennifer L. Johnson, Christopher A. Kragnes Jun 1998

Brief For The Appellant, Blackacre Forest Products, Inc.: Tenth Annual Pace National Environmental Moot Court Competition, Matthew J. Haindfield, Jennifer L. Johnson, Christopher A. Kragnes

Pace Environmental Law Review

No abstract provided.


Brief For Respondent: Tenth Annual Pace National Environmental Moot Court Competition, Ryan Blanch, Julie Davis, Wendy Stephens Jun 1998

Brief For Respondent: Tenth Annual Pace National Environmental Moot Court Competition, Ryan Blanch, Julie Davis, Wendy Stephens

Pace Environmental Law Review

No abstract provided.


Brief For Appellant United States Of America: Tenth Annual Pace National Environmental Moot Court Competition, Michael Elbaz, Dahlia Fredericks, Donna Weiner Jun 1998

Brief For Appellant United States Of America: Tenth Annual Pace National Environmental Moot Court Competition, Michael Elbaz, Dahlia Fredericks, Donna Weiner

Pace Environmental Law Review

No abstract provided.


The 'Ascent Of Man': Legal Systems And The Discovery Of An Environmental Ethic, Nicholas A. Robinson Jan 1998

The 'Ascent Of Man': Legal Systems And The Discovery Of An Environmental Ethic, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

A decade ago, firefighters in a warehouse on the Rhine in Switzerland washed chemicals, solvents, and mercury into the river, destroying all life in the river for miles, killing millions of fish, and endangering the water supplies of cities in Germany and the Netherlands. This tragedy galvanized the river valley states into action. They vowed to clean up the river, not just from that incident but from the effects of having used the river as a sewer for two centuries. But how clean is clean? The goal for this calculated plan, which will take decades to achieve, is symbolized by …


Comparative Environmental Law Perspectives On Legal Regimes For Sustainable Development, Nicholas A. Robinson Jan 1998

Comparative Environmental Law Perspectives On Legal Regimes For Sustainable Development, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

As the world's largest summit meeting ended in Rio de Janeiro in 1992, the heads of state and their representatives assembled at the United Nations Conference on Environment and Development (UNCED), commonly referred to as Agenda 21. They embraced Agenda 21 as “a dynamic programme” which can “evolve over time in the light of changing needs and circumstances,” and as a process making “the beginning of a new global partnership for sustainable development.” Agenda 21 is premised on two factual perspectives. First, the documentation of trends in the deterioration of the environmental conditions in many parts of the world is …


Reducing Nitrogen Pollution On Long Island Sound: Is There A Place For Pollutant Trading?, Ann Powers Jan 1998

Reducing Nitrogen Pollution On Long Island Sound: Is There A Place For Pollutant Trading?, Ann Powers

Elisabeth Haub School of Law Faculty Publications

The purpose of this article is to examine the legal adequacy of proposals now under consideration for a nitrogen trading program on Long Island Sound, and to assess the likelihood of success in light of the experience with other trading programs, both for water and air pollution. Part I outlines the current environmental condition of Long Island Sound and explains the factors which have led proponents of trading to believe such a program could be effective. In Part II we consider the essential elements of a trading program, and the lessons to be learned from the Clean Air Act programs. …


Judge's Bench Memorandum: Ninth Annual Pace National Environmental Moot Court Competition, Laura M. Rapacioli Jun 1997

Judge's Bench Memorandum: Ninth Annual Pace National Environmental Moot Court Competition, Laura M. Rapacioli

Pace Environmental Law Review

No abstract provided.


Brief For Plaintiff-Appellee While-U-Wait Photo Service: Ninth Annual Pace National Environmental Moot Court Competition, Lauri Hubert Hoese, Blaine Kimrey, Patricia E. Lin Jun 1997

Brief For Plaintiff-Appellee While-U-Wait Photo Service: Ninth Annual Pace National Environmental Moot Court Competition, Lauri Hubert Hoese, Blaine Kimrey, Patricia E. Lin

Pace Environmental Law Review

No abstract provided.


Brief Of State Of New Union Health Services Agency: Ninth Annual Pace National Environmental Moot Court Competition, Marc Brumberger, Kristin Kelley Jun 1997

Brief Of State Of New Union Health Services Agency: Ninth Annual Pace National Environmental Moot Court Competition, Marc Brumberger, Kristin Kelley

Pace Environmental Law Review

No abstract provided.


Brief For The Appellant, Greater Uniontown Vocational School: Ninth Annual Pace National Environmental Moot Court Competition, Natalie Paige Drinkard, Bradley Scott Shear, Kimberly B. Tremel Jun 1997

Brief For The Appellant, Greater Uniontown Vocational School: Ninth Annual Pace National Environmental Moot Court Competition, Natalie Paige Drinkard, Bradley Scott Shear, Kimberly B. Tremel

Pace Environmental Law Review

No abstract provided.


Attaining Systems For Sustainability Through Environmental Law, Nicholas A. Robinson Jan 1997

Attaining Systems For Sustainability Through Environmental Law, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

Five years have passed since the historic Earth Summit. Although significant progress has been made since Rio, much remains to be done. Poverty and environment degradation continue to affect the lives of millions of people in many parts of the world. Global warming, the loss of biological diversity, the spread of deserts, deforestation, the crisis in many of our cities remind us every day of the challenges which confront us. The unsustainable patterns of consumption and production continue to be the major cause of environmental degradation worldwide. This is therefore not an occasion for complacency or mindless celebration. It is, …


Refracting The Spectrum Of Clean Water Act Standing In Light Of Lujan V. Defenders Of Wildlife, Karl S. Coplan Jan 1997

Refracting The Spectrum Of Clean Water Act Standing In Light Of Lujan V. Defenders Of Wildlife, Karl S. Coplan

Elisabeth Haub School of Law Faculty Publications

First, this article will review the impetus and purposes for the Clean Water Act of 1972, including its citizen suit provision, particularly as these purposes relate to the elimination of specific harm or causation requirements in enforcement actions under its provisions. Second, this article will briefly review the basic elements of Article III standing requirements as enunciated by the Supreme Court, and the development of Supreme Court standing doctrine in environmental cases leading up to and including the Defenders of Wildlife decision. Then the article will survey the various approaches courts have taken in applying Article III standing doctrine to …


Brief For Xxx Corp.: Eleventh Annual Pace National Environmental Moot Court Competition, Jennifer Anderson, Charles Mcchesney, Michael Vollmer Jun 1996

Brief For Xxx Corp.: Eleventh Annual Pace National Environmental Moot Court Competition, Jennifer Anderson, Charles Mcchesney, Michael Vollmer

Pace Environmental Law Review

No abstract provided.


Brief For Appellee: Eighth Annual Pace National Environmental Law Moot Court Competition, Eric Berkley, Ann E. Lane, Charles Vorndran Apr 1996

Brief For Appellee: Eighth Annual Pace National Environmental Law Moot Court Competition, Eric Berkley, Ann E. Lane, Charles Vorndran

Pace Environmental Law Review

No abstract provided.


Brief For Appellant And Amicus United States Environment Protection Agency: Eighth Annual Pace National Environmental Law Moot Court Competition, Haylee Albert, Jaime Austrich, David Pearce Apr 1996

Brief For Appellant And Amicus United States Environment Protection Agency: Eighth Annual Pace National Environmental Law Moot Court Competition, Haylee Albert, Jaime Austrich, David Pearce

Pace Environmental Law Review

No abstract provided.


Brief For Appellant, Brownfields Redevelopment Associates Of New Union: Eighth Annual Pace National Environmental Law Moot Court Competition, Victor E. Cretella Iii, Dorothy M. Guy, Thy Christine Pham Apr 1996

Brief For Appellant, Brownfields Redevelopment Associates Of New Union: Eighth Annual Pace National Environmental Law Moot Court Competition, Victor E. Cretella Iii, Dorothy M. Guy, Thy Christine Pham

Pace Environmental Law Review

No abstract provided.