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Articles 691 - 720 of 725
Full-Text Articles in Environmental Law
Least Cost Electricity For Texas, Karl R. Rábago
Least Cost Electricity For Texas, Karl R. Rábago
Elisabeth Haub School of Law Faculty Publications
The effects of consuming fossil fuels have disproportionately elevated human importance by the collective impact made on the world environment. Even the most buoyant optimist can be depressed by adding the global climactic changes of the greenhouse effect to a list that already includes air pollution, water pollution, soil contamination, health effects, balance of trade deficits, declining technological competitiveness, and vanishing natural resources. In Texas the primary source of electricity, and a major source of environmental problems, is the combustion of fossil fuels. This article introduces the reader to some of the environmental, economic, and regulatory challenges involved in responding …
Footprints In The Shifting Sands Of The Isle Of Palms: A Practical Analysis Of Regulatory Takings Cases, John R. Nolon
Footprints In The Shifting Sands Of The Isle Of Palms: A Practical Analysis Of Regulatory Takings Cases, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
It was not until the last day of the term, June 29, 1992, that the Court decided Lucas. By that time, interest could not have been greater. At issue was the validity of a regulation that prohibited all permanent development of the plaintiff's two beachfront lots. The South Carolina Supreme Court upheld the regulation by a 3-2 margin because it prevented a “great public harm.” The U.S. Supreme Court reversed that determination and remanded the case to determine whether South Carolina's common law of nuisance could prohibit the construction of single-family housing on the lots. The fractured Court delivered an …
What Comes Out Must Go In: Cooling Water Intakes And The Clean Water Act, Karl R. Rábago
What Comes Out Must Go In: Cooling Water Intakes And The Clean Water Act, Karl R. Rábago
Elisabeth Haub School of Law Faculty Publications
It is time to measure progress under section 316 of the Clear Water Act, the one section of the Act that focuses not on discharges, but on intakes. Part II of this Article discusses the environmental hazards in more detail and explains how cooling water intakes produce them. Part III of this Article examines the history of regulation and nonregulation under section 316(b) of the Clean Water Act, describes the development of the "common law" concerning the regulation of cooling water intakes, and explores the effect of EPA's regulatory actions and omissions on state regulatory efforts. Part IV assesses the …
Brief For Appellant Canner: Third Annual Pace National Environmental Moot Court Competition, Melissa A. Brown, Allan B. Rappleyea, John-Henry M. Steele
Brief For Appellant Canner: Third Annual Pace National Environmental Moot Court Competition, Melissa A. Brown, Allan B. Rappleyea, John-Henry M. Steele
Pace Environmental Law Review
No abstract provided.
Brief For Bernard Barker, Appellant: Third Annual Pace National Environmental Moot Court Competition, John Davis Buckley, Hans G. Huessy, David K. Mears
Brief For Bernard Barker, Appellant: Third Annual Pace National Environmental Moot Court Competition, John Davis Buckley, Hans G. Huessy, David K. Mears
Pace Environmental Law Review
No abstract provided.
Brief For The United States: Third Annual Pace National Environmental Moot Court Competition, Karen Roth, Mark Siegel, James Stipanuk
Brief For The United States: Third Annual Pace National Environmental Moot Court Competition, Karen Roth, Mark Siegel, James Stipanuk
Pace Environmental Law Review
No abstract provided.
The Regulation Of Green Advertising: The State, The Market And The Environmental Good, David S. Cohen
The Regulation Of Green Advertising: The State, The Market And The Environmental Good, David S. Cohen
Elisabeth Haub School of Law Faculty Publications
In this paper I explore this most recent development in regulatory policy and, in particular, the role government plays when it chooses to use private markets (consumer, institutional and corporate) as regulatory instruments to produce and allocate environmental benefits. The privatization of environmental regulation by employing markets to deliver environmental benefits does not involve the implementation of public policy through executive or legislative action. Rather, it is achieved through a public choice to privatize the delivery of environmental regulation by permitting or encouraging decentralized economic power to respond to consumer demands for environmental quality.
Energy And Environmental Challenges For Developed And Developing Countries, Richard L. Ottinger
Energy And Environmental Challenges For Developed And Developing Countries, Richard L. Ottinger
Elisabeth Haub School of Law Faculty Publications
Energy for development utilizing traditional supply investments, estimated to cost $1.4 - $4 trillion through 2010, will be unaffordable both for recipients and lenders. The capital required, even if obtainable, would squeeze out capital for all other development requirements and would pose unacceptable environmental and cleanup costs. Upgrading existing energy supply systems would cost a fraction of new supply. Energy efficiency and environmentally benign renewables can at least halve new supply capital requirements and avoid their environmental costs. Least cost planning by lenders and recipients, on the basis of total system life cycle costs, for both energy and non-energy related …
Brief For Appellee: Second Annual Pace National Environmental Moot Court Competition, Richard D. Gluck, William J. Gorham Iii
Brief For Appellee: Second Annual Pace National Environmental Moot Court Competition, Richard D. Gluck, William J. Gorham Iii
Pace Environmental Law Review
No abstract provided.
Judges And Participants: Second Annual Pace National Environmental Moot Court Competition
Judges And Participants: Second Annual Pace National Environmental Moot Court Competition
Pace Environmental Law Review
No abstract provided.
Brief For Multi-Chem Chemical Company, Intervenor: Second Annual Pace National Environmental Moot Court Competition, Hans G. Huessy, Bradford T. Atwood, Roger L. Huber
Brief For Multi-Chem Chemical Company, Intervenor: Second Annual Pace National Environmental Moot Court Competition, Hans G. Huessy, Bradford T. Atwood, Roger L. Huber
Pace Environmental Law Review
No abstract provided.
Brief For Appellant: Second Annual Pace National Environmental Moot Court Competition, Neal Perryman, Jeffrey C. Toothaker, Arthur B. Debruyn
Brief For Appellant: Second Annual Pace National Environmental Moot Court Competition, Neal Perryman, Jeffrey C. Toothaker, Arthur B. Debruyn
Pace Environmental Law Review
No abstract provided.
Brief For Appellee: First Annual Pace National Environmental Moot Court Competition, David I. Goldberg, John R. Mayo, Michael P. Running Jr.
Brief For Appellee: First Annual Pace National Environmental Moot Court Competition, David I. Goldberg, John R. Mayo, Michael P. Running Jr.
Pace Environmental Law Review
No abstract provided.
Brief For Intervenor: First Annual Pace National Environmental Moot Court Competition, Michael Burke, Myron Scott, Laurie Stewart
Brief For Intervenor: First Annual Pace National Environmental Moot Court Competition, Michael Burke, Myron Scott, Laurie Stewart
Pace Environmental Law Review
No abstract provided.
Brief For Appellant: First Annual Pace National Environmental Moot Court Competition, Christine Hayashi, Ann J. Reavis
Brief For Appellant: First Annual Pace National Environmental Moot Court Competition, Christine Hayashi, Ann J. Reavis
Pace Environmental Law Review
No abstract provided.
Soviet Environmental Protection: The Challenge For Legal Studies, Nicholas A. Robinson
Soviet Environmental Protection: The Challenge For Legal Studies, Nicholas A. Robinson
Elisabeth Haub School of Law Faculty Publications
The five essays by Soviet environmental law specialists published in this volume of the Pace Environmental Law Review provide insights into the contemporary debate in the USSR about how to protect nature. Before commenting on each essay, it is useful to sketch out the problems which the Soviet Union is encountering as it struggles to cope with its substantial pollution and widespread natural resource misuse.
Jurisdiction For Citizens To Enforce Against Violations Of The Clean Water Act, Jeffrey G. Miller
Jurisdiction For Citizens To Enforce Against Violations Of The Clean Water Act, Jeffrey G. Miller
Elisabeth Haub School of Law Faculty Publications
The First Annual Pace National Environmental Moot Court Competition was a splendid event. The students, faculty and administration of Pace were proud to host it. The Competition differs in many ways from other competitions. First, it features a field of law that has only recently become a major focus of legal practice. It is appropriate that Pace, a young law school, sponsor a competition in a new field of law. Second, the Competition's arguments are between three teams (government, industry and environmental advocates) rather than the traditional two. This is appropriate to the many sided nature of environmental disputes. Third, …
Public Rights In The Navigable Streams Of New York, John A. Humbach
Public Rights In The Navigable Streams Of New York, John A. Humbach
Elisabeth Haub School of Law Faculty Publications
This paper provides a comprehensive survey of the New York judicial decisions bearing on the public's right to use the state's navigable streams and waterways. The cases have been organized into a logical framework, in outline form, in order to give future researchers ready access to the relevant judicial materials. Wherever possible, the main thrust of the cases has been presented in the court's own words. Brief narrative summaries of the case law are provided under the main outline headings. An attempt has been made to include a reference to every New York case relevant to public use of freshwater …
The U.S. - U.S.S.R. Agreement To Protect The Environment: 15 Years Of Cooperation, Nicholas A. Robinson
The U.S. - U.S.S.R. Agreement To Protect The Environment: 15 Years Of Cooperation, Nicholas A. Robinson
Elisabeth Haub School of Law Faculty Publications
This Article will discuss the origins and operation of the Environmental Bilateral, its functioning in international law, and its contribution to environmental law in each country.
Expanding Traditional Land Use Authority Through Environmental Legislation: The Regulation Of Affordable Housing, John R. Nolon
Expanding Traditional Land Use Authority Through Environmental Legislation: The Regulation Of Affordable Housing, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
This article is devoted to an examination of local land use regulation in the context of the use of SEQRA and its mandate, to mitigate environmental impacts to require the provision of affordable housing in high cost housing markets. As such, it looks at one contemporary manifestation of the growth of police power authority to meet new land use challenges.
Perestroika And Priroda: Environmental Protection In The Ussr, Nicholas A. Robinson
Perestroika And Priroda: Environmental Protection In The Ussr, Nicholas A. Robinson
Elisabeth Haub School of Law Faculty Publications
This article reviews the initial Soviet decisions through 1988, applying perestroika to the problem of protecting priroda. Surveyed here is the scope of the ecological problems in the USSR and traditional responses, followed by an examination of the current Soviet policy to restructure its administrative and legal system for environmental protection. These initial reforms will not all result in a direct or immediate improvement of the Soviet environmental protection regime. For instance, the reforms also are stimulating the Soviet "not in my backyard" (NIMBY) phenomenon, or local opposition to the siting of developments ranging from electrical power plants, to facilities …
A Comparative Analysis Of New Jersey's Mount Laurel Cases With The Berenson Cases In New York, John R. Nolon
A Comparative Analysis Of New Jersey's Mount Laurel Cases With The Berenson Cases In New York, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
Due to the widespread concern over the lack of affordable housing in New York, renewed interest has been expressed in the landmark case of Berenson v. Town of New Castle. That case and an associated line of decisions define the legal rules that will be used by the courts in New York to decide whether municipal zoning unconstitutionally excludes affordable types of housing. Interest has been piqued further by two recent lower court cases in New York which differ greatly in their approach to defining the legal standards to be used in reviewing allegedly exclusionary land use practices.
Strengthening Of The Resource Conservation And Recovery Act In 1984: The Original Loopholes, The Amendments, And The Political Factors Behind Their Passage, Richard L. Ottinger
Strengthening Of The Resource Conservation And Recovery Act In 1984: The Original Loopholes, The Amendments, And The Political Factors Behind Their Passage, Richard L. Ottinger
Elisabeth Haub School of Law Faculty Publications
This commentary discusses the nature of the legal loopholes that existed in the original RCRA statute, and highlights several of the provisions of the 1984 RCRA amendments that serve to either rectify or ameliorate the prior deficiencies. It also examines the political factors that affected the passage of the 1984 amendments, enabling them to pass during a period of anti-regulatory emphasis.
Review Of Land Use Conflicts: Organizational Design And Resource Management; Environmental Impact Review And Housing: Process Lessons From The California Experience; Creative Land Development: Bridge To The Future; And Toward Eden, Nicholas A. Robinson
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
Defending Superfund And Rcra Imminent Hazard Cases, Jeffrey G. Miller
Defending Superfund And Rcra Imminent Hazard Cases, Jeffrey G. Miller
Elisabeth Haub School of Law Faculty Publications
Early development of a strategy involves a thorough knowledge of the facts of the case, a knowledge of possible legal defenses, and an ability to predict governmental concerns and actions. Since the facts will differ from case to case, no single strategy can be recommended although a number are suggested. The following discussion of possible legal defenses is by no means exhaustive. The government's announced intentions and attitudes are examined, together with some of the relevant forces at work on and in the government. From considering the facts, possible defenses, are probable government reactions, strategies can be developed and tactics …
Seqra's Siblings: Precedents From Little Nepa's In The Sister States, Nicholas A. Robinson
Seqra's Siblings: Precedents From Little Nepa's In The Sister States, Nicholas A. Robinson
Elisabeth Haub School of Law Faculty Publications
The technique of environmental impact assessment has emerged as the principal regulatory tool for assuring that each person acts "so that due consideration is given to preventing environmental damage." Just as the National Environmental Policy Act (NEPA) requires that each of the federal government's agencies assure that its decisions will be environmentally sound, so have many of the various states decreed that their agencies and political subdivisions shall maximize environmental protection.
Historic Preservation Law: The Metes & Bounds Of A New Field, Nicholas A. Robinson
Historic Preservation Law: The Metes & Bounds Of A New Field, Nicholas A. Robinson
Elisabeth Haub School of Law Faculty Publications
Historic Preservation Law has come to mean that combination of regulations, common-law property principles, tax incentives, and adjective law in administrative proceedings, governing historic sites and property within the United States. Although Congress first recognized a need to conserve the nation's wealth of historic amenities in 1906 when it adopted The Antiquities Act, it was only with the nation's bicentennial that the volume and diversity of laws designed to maintain, protect and preserve historic America grew to the point where it could be said that a new field of law had emerged. The symposium which follows this essay represents the …
Introduction: Emerging International Environmental Law, Nicholas A. Robinson
Introduction: Emerging International Environmental Law, Nicholas A. Robinson
Elisabeth Haub School of Law Faculty Publications
This Introduction notes the emerging mandate for international environmental law and the concurrent problems of implementation. It focuses on two particular applications of this new mandate: the United States-Panama Joint Environment Commission for the Panama Canal, and the suggested role of the United Nations Environment Programme in developing a system of global environmental hazard alerts.
Municipal Ordinances For Historic Preservation In New York State, Nicholas A. Robinson
Municipal Ordinances For Historic Preservation In New York State, Nicholas A. Robinson
Elisabeth Haub School of Law Faculty Publications
Mandated State agency action for historic preservation and encouragement to new local initiatives is found in the N.Y.S. Historic Preservation Act of 1980, Article 14 of the Parks and Recreation Law, L. 1980, Ch. 354 (A. 11779-A). Members of the NYSBA interested in following developments in Historic Preservation Law may wish to participate in the Historic Preservation Law Committee of the Association's new Section on Environmental Law.
Urban Environmental Law: Emergent Citizens' Rights For The Aesthetic, The Spiritual, And The Spacious, Nicholas A. Robinson
Urban Environmental Law: Emergent Citizens' Rights For The Aesthetic, The Spiritual, And The Spacious, Nicholas A. Robinson
Elisabeth Haub School of Law Faculty Publications
While articles on the urban environment often deal with statutory and administrative action, this article presents a different perspective, that of citizen enforcement and the judicial consequences of such a development. Illustrative of the emergent role of courts in enforcing citizens' claims are the areas of historic preservation, noise regulation, and the use of environmental impact statements.