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Environmental Law Commons

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1994

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Articles 181 - 210 of 322

Full-Text Articles in Environmental Law

Causes Of Action For Emf Harm, Roy A. Torres Jan 1994

Causes Of Action For Emf Harm, Roy A. Torres

Fordham Environmental Law Review

No abstract provided.


Potentially Responsible Parties: Liability Issues, Mark L. Manewitz Jan 1994

Potentially Responsible Parties: Liability Issues, Mark L. Manewitz

Fordham Environmental Law Review

No abstract provided.


Environmental Due Diligence: A Guide To Liability Risk Management In Commercial Real Estate Transactions, Joseph Philip Forte Jan 1994

Environmental Due Diligence: A Guide To Liability Risk Management In Commercial Real Estate Transactions, Joseph Philip Forte

Fordham Environmental Law Review

No abstract provided.


Superfund Reauthorization: Impact On State Environmental Enforcement, Gordon J. Johnson Jan 1994

Superfund Reauthorization: Impact On State Environmental Enforcement, Gordon J. Johnson

Fordham Environmental Law Review

No abstract provided.


Toward A Reasonable Allocation Scheme: A Public Interest Perspective On Superfun Reauthorization, Vernice D. Miller Jan 1994

Toward A Reasonable Allocation Scheme: A Public Interest Perspective On Superfun Reauthorization, Vernice D. Miller

Fordham Environmental Law Review

No abstract provided.


Classifying Ri/Fs Costs Under A Policy Of Comprehensive General Liability Insurance: Indemnity Or Defense, Eileen B. Eglin, Stephen D. Straus Jan 1994

Classifying Ri/Fs Costs Under A Policy Of Comprehensive General Liability Insurance: Indemnity Or Defense, Eileen B. Eglin, Stephen D. Straus

Fordham Environmental Law Review

No abstract provided.


The Interface Between Bankruptcy And Cercla: Where Does New Legislation Belong, Joel M. Gross Jan 1994

The Interface Between Bankruptcy And Cercla: Where Does New Legislation Belong, Joel M. Gross

Fordham Environmental Law Review

No abstract provided.


Reauthroization Overview: Epa's Perspective, William A. White Jan 1994

Reauthroization Overview: Epa's Perspective, William A. White

Fordham Environmental Law Review

No abstract provided.


Welcoming Remarks, John D. Feerick Jan 1994

Welcoming Remarks, John D. Feerick

Fordham Environmental Law Review

No abstract provided.


Opening Remarks Of The Panelists, Editors Jan 1994

Opening Remarks Of The Panelists, Editors

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Municipalities And Cercla: The Cleanup Cost Allocation Conundrum, David B. Van Slyke Jan 1994

Municipalities And Cercla: The Cleanup Cost Allocation Conundrum, David B. Van Slyke

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Is There An Ocean Of Difference: A Comparision Of The European Community's And United States' Environmental Regulations Protecting Air And Water Quality, Robert Ballard, Karen M. Keating Jan 1994

Is There An Ocean Of Difference: A Comparision Of The European Community's And United States' Environmental Regulations Protecting Air And Water Quality, Robert Ballard, Karen M. Keating

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Towards Defining The Contractual Relationship Exception To Cercla's Third-Party Defense: Westwood Pharmaceuticals, Inc. V. National Fuel Gas Distribution Corp., Michael A. Meehan Jan 1994

Towards Defining The Contractual Relationship Exception To Cercla's Third-Party Defense: Westwood Pharmaceuticals, Inc. V. National Fuel Gas Distribution Corp., Michael A. Meehan

Villanova Environmental Law Journal (1991 - )

No abstract provided.


New York V. United States: The Constitutional And Environmental Fallout For Low-Level Waste Disposers, Rhett Traband Jan 1994

New York V. United States: The Constitutional And Environmental Fallout For Low-Level Waste Disposers, Rhett Traband

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Environmental Remediation Liabilities: An Accountant's Perspective, Amy A. Ripepi Jan 1994

Environmental Remediation Liabilities: An Accountant's Perspective, Amy A. Ripepi

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Disclosing Expenses And Liabilities Under The Clean Air Act Amendments Of 1990 In Securities Filings, Mark A. Stach Jan 1994

Disclosing Expenses And Liabilities Under The Clean Air Act Amendments Of 1990 In Securities Filings, Mark A. Stach

Villanova Environmental Law Journal (1991 - )

No abstract provided.


On The Road From Environmental Racism To Environmental Justice, Maria Ramirez Fisher Jan 1994

On The Road From Environmental Racism To Environmental Justice, Maria Ramirez Fisher

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Triggering An Obligation: Receipt Of An Epa Prp Letter And An Insurer's Duty To Defend, Sidney S. Liebesman Jan 1994

Triggering An Obligation: Receipt Of An Epa Prp Letter And An Insurer's Duty To Defend, Sidney S. Liebesman

Villanova Environmental Law Journal (1991 - )

No abstract provided.


John S. Boyd Co. V. Boston Gas Co.: An Argument For The Creation Of A Uniform Federal Rule Requiring Express Releases Of Cercla Liability In Contractual Arrangements, Kiersten M. Murray Jan 1994

John S. Boyd Co. V. Boston Gas Co.: An Argument For The Creation Of A Uniform Federal Rule Requiring Express Releases Of Cercla Liability In Contractual Arrangements, Kiersten M. Murray

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Loggers Or Woodpeckers: Who's Endangered Now: Region 8 Forest Service Timber Purchasers Council V. Alcock, Linda M. Barone Jan 1994

Loggers Or Woodpeckers: Who's Endangered Now: Region 8 Forest Service Timber Purchasers Council V. Alcock, Linda M. Barone

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Patchwork Justice: State Unlimited Liability Laws In The Wake Of The Oil Pollution Act Of 1990, Stephen R. Eubank Jan 1994

Patchwork Justice: State Unlimited Liability Laws In The Wake Of The Oil Pollution Act Of 1990, Stephen R. Eubank

Maryland Journal of International Law

No abstract provided.


International Environmental Agreements And The Gatt: An Analysis Of The Potential Conflict And The Role Of A Gatt "Waiver" Resolution, Douglas Jake Caldwell Jan 1994

International Environmental Agreements And The Gatt: An Analysis Of The Potential Conflict And The Role Of A Gatt "Waiver" Resolution, Douglas Jake Caldwell

Maryland Journal of International Law

No abstract provided.


Environmental Burdens And Democratic Justice, Gerald Torres Jan 1994

Environmental Burdens And Democratic Justice, Gerald Torres

Fordham Urban Law Journal

To date, however, there has been relatively little academic discussion about how EPA and other federal agencies can achieve environmental justice. In addition, most legal academic literature has focused either on simply identifying the legal issues associated with race and environmental law or on developing a litigation strategy for remedying “environmental racism.” None of the legal academic literature has focused on the benefits of using an administrative framework to define or develop sustainable solutions to the distributional inequities of environmental laws. The purpose of this Article is to explain the benefits of pursuing an administrative model for change. Unlike other …


The Victims Of Nimby, Michael B. Gerrar Jan 1994

The Victims Of Nimby, Michael B. Gerrar

Fordham Urban Law Journal

Not In My Back Yard, or NIMBY, in its various forms, has three principal types of targets. The first is waste disposal facilities, primarily landfills and incinerators. The second is low-income housing. The third is social service facilities, group homes and shelters for individuals such as the mentally ill, AIDS patients, and the homeless. This Article addresses the issue of the victims of NIMBY, with special reference to the effects of project opposition on racial minorities. Because the effect of facility opposition varies widely with the type of project involved, Part II arrays the types of relevant projects and shows …


Environmental Justice Litigation: Another Stone In David’S Sling, Luke W. Cole Jan 1994

Environmental Justice Litigation: Another Stone In David’S Sling, Luke W. Cole

Fordham Urban Law Journal

This Article attempts to synthesize some of the lessons environmental justice lawyers have learned, in order to offer a practitioner’s perspective on environmental justice cases. The author’s ambition in setting out these lessons is to allow community groups and attorneys entering the struggle to learn from mistakes, emulate successes, and avoid re-inventing the wheel. Without addressing the strategic and tactical drawbacks of litigation, this Article assumes that a community group has decided to pursue litigation. This Article will only discuss siting cases, as siting disputes have been the primary context for environmental justice litigation thus far. The Article proposes a …


The Question Of Risk: Incorporating Community Perceptions Into Environmental Risk Assessments, James S. Freeman, Rachel D. Godsil Jan 1994

The Question Of Risk: Incorporating Community Perceptions Into Environmental Risk Assessments, James S. Freeman, Rachel D. Godsil

Fordham Urban Law Journal

The environmental justice movement has seen some successes. After years of neglect, the federal government and several states are directing legislative and executive efforts towards reforming siting processes and remedying discriminatory enforcement of environmental regulations. Community opposition in general has proved to be quite powerful in some instances. Since the passage of the Resource Conservation and Recovery Act in 1976, there has been only one new siting of a hazardous waste landfill and few new sitings of hazardous waste incinerators. To a lesser extent, municipal solid waste and medical waste incinerators have also been successfully blocked or delayed. However, certain …


Race, Gender, Age, And Disproportionate Impact: What Can We Do About The Failure To Protect The Most Vulnerable?, Samara F. Swanston Jan 1994

Race, Gender, Age, And Disproportionate Impact: What Can We Do About The Failure To Protect The Most Vulnerable?, Samara F. Swanston

Fordham Urban Law Journal

Hard economic times and social conditions are driving a reordering of environmental protection priorities that threatens to sacrifice the most vulnerable groups. Environmental regulatory agencies acknowledge that vulnerable populations face the greatest risk of harm from environmental insult and that these groups are not adequately protected. Although a risk-based prioritization of resources benefits the greatest number of people, such allocation would disadvantage minority communities, which contain disproportionate numbers of sensitive subgroups. Our regulatory bodies must therefore develop new strategies to adequately protect sensitive subgroups identified in minority communities. Part II of this Article looks at some of the considerations that …


Achieving Environmental Justice: The Role Of Occupational Health, George Friedman-Jiménez, M.D. Jan 1994

Achieving Environmental Justice: The Role Of Occupational Health, George Friedman-Jiménez, M.D.

Fordham Urban Law Journal

The current rapidly growing interest in environmental justice is both timely and important. Occupational health is an integral part of assuring environmental justice. Concrete examples of environmental inequity leading directly to unequal health status can be found in occupational health literature and among the patients of occupational health clinics which serve populations that include low wage workers and workers of color. The toxic properties and health effects of many environmental contaminants were originally discovered in workplace settings where workers were repeatedly exposed to high doses of such contaminants. In the future, clinical occupational medicine, occupational epidemiology, occupational toxicology, and occupational …


Issues Of Classification In Environmental Equity: How We Manage Is How We Measure, Rae Zimmerman Jan 1994

Issues Of Classification In Environmental Equity: How We Manage Is How We Measure, Rae Zimmerman

Fordham Urban Law Journal

This Article addresses how concepts of race and ethnicity have been operationalized as a basis for defining and locating subpopulations (either explicitly or implicitly) for the purpose of analyzing environmental equity issues, and recommends some future directions. Part II focuses on how subpopulations are currently defined and on some problems encountered to date. The implications of these inconsistencies on the accuracy of health and environmental risk measures for a given subpopulation are addressed. Part III focuses on how spatial areas have been defined to aggregate these subpopulations within confined geographic boundaries.


Issues Of Community Empowerment, Peggy M. Shepard Jan 1994

Issues Of Community Empowerment, Peggy M. Shepard

Fordham Urban Law Journal

The environmental policies and concerns of local, state, and federal governments have failed to protect their citizens. More particularly, the nation's environmental agenda neglects to account for the urban environmental problems of people of color. This Essay first considers how environmental injustice and racism has impacted the West Harlem community. It next considers some of the particular health implications, such as lead poisoning and asthma, in the Harlem community. The needs of all communities of color and poverty are considered. The response of West Harlem Environmental Action to these needs is examined. Finally, the Essay concludes by briefly examining some …