Open Access. Powered by Scholars. Published by Universities.®

Environmental Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

1994

Discipline
Institution
Keyword
Publication
Publication Type

Articles 211 - 240 of 322

Full-Text Articles in Environmental Law

Notes From The Front Line, Nancy E. Anderson, Ph.D Jan 1994

Notes From The Front Line, Nancy E. Anderson, Ph.D

Fordham Urban Law Journal

In the last five years, local thinking about environmental protection started to take shape. It is indisputable that cities are not neutral or homogenous geographies in terms of distributing benefits and burdens by class and race. This fact is applicable to local environmental politics. Environmental justice and fair share advocates – and in some instances the courts – are finding that cities like New York are extremely heterogeneous in terms of environmental conditions and the impact of implementing environmental laws. This Essay describes the Environmental Benefits Program, which the New York City Department of Environmental Protection has undertaken in order …

Go to article

Protecting Endangered Communities, Clarice E. Gaylord, Geraldine W. Twitty Jan 1994

Protecting Endangered Communities, Clarice E. Gaylord, Geraldine W. Twitty

Fordham Urban Law Journal

Nontraditional environmentalists are struggling to protect and preserve communities, both urban and rural, that have become threatened by constant, multiple exposures to toxic air, contaminated water, and pesticide-ridden and chemical-laden soils. Numerous reports, including a 1992 study by the United States Environmental Protection Agency, have suggested that people of color and low income communities have been, for decades, the unwilling recipients of numerous hazardous waste sites, incinerators, chemical factories, and sewage treatment plants. Historically, these communities often lacked the essential resources necessary to oppose sitings of potentially hazardous facilities: money, organization, and political voice. Land in these communities is usually …

Go to article

Newborn Hiv Screening And New York Assembly Bill No. 6747-B: Privacy And Equal Protection Of Pregnant Women, Kevin J. Curnin Jan 1994

Newborn Hiv Screening And New York Assembly Bill No. 6747-B: Privacy And Equal Protection Of Pregnant Women, Kevin J. Curnin

Fordham Urban Law Journal

Proposed New York Assembly Bill No. 6747-B5 attempts to answer one of the most urgent problems of the current HIV/AIDS epidemic: pediatric AIDS. Part I of this Note discusses the bill, which would respond to pediatric AIDS by mandating HIV testing for all babies born in the state and requiring disclosure to all mothers whose babies test positive. Part II of this paper briefly discusses the medical background of pediatric AIDS and HIV infection, particularly the epidemiology of HIV/AIDS in women and children. Part III describes New York’s current HIV screening program and compares it to the changes proposed under …

Go to article

Enforcement Of Inernational Environmental Treaties: At Analysis, Andrew Watson Samaan Jan 1994

Enforcement Of Inernational Environmental Treaties: At Analysis, Andrew Watson Samaan

Fordham Environmental Law Review

No abstract provided.

Go to article

Lender Liability/Fiduciary Issues Addressed In The Superfund Reauthorization, Richard A. Horsch Jan 1994

Lender Liability/Fiduciary Issues Addressed In The Superfund Reauthorization, Richard A. Horsch

Fordham Environmental Law Review

No abstract provided.

Go to article

Landowner-Lessor Liability Under Cercla, Anthony J. Fejfar Jan 1994

Landowner-Lessor Liability Under Cercla, Anthony J. Fejfar

Maryland Law Review

No abstract provided.

Go to article

Deconstruction In The Arid West, Marc P. Reisner Jan 1994

Deconstruction In The Arid West, Marc P. Reisner

UC Law Environmental Journal

No abstract provided.

Go to article

Return Of The Last Survivor, H. J. Taylor Jan 1994

Return Of The Last Survivor, H. J. Taylor

UC Law Environmental Journal

No abstract provided.

Go to article

Landscape, Mary Oliver Jan 1994

Landscape, Mary Oliver

UC Law Environmental Journal

No abstract provided.

Go to article

Comparative Analysis Of The Nafta's Environmental Side Agreement, Lynn A. Stanton Jan 1994

Comparative Analysis Of The Nafta's Environmental Side Agreement, Lynn A. Stanton

UC Law Environmental Journal

No abstract provided.

Go to article

Death Of The Last Survivor, H. J. Taylor Jan 1994

Death Of The Last Survivor, H. J. Taylor

UC Law Environmental Journal

No abstract provided.

Go to article

Institutional Misfits: The Gatt, The Icj & Trade-Environment Disputes, Jeffrey L. Dunoff Jan 1994

Institutional Misfits: The Gatt, The Icj & Trade-Environment Disputes, Jeffrey L. Dunoff

Michigan Journal of International Law

The central thesis of this article is that neither trade bodies, like the GATT or NAFTA, nor adjudicatory bodies, like the ICJ or the proposed International Court for the Environment, ought to resolve these issues. Instead, trade-environment conflicts should be heard before an institution that recognizes the interdependent nature of global economic and environmental issues and that has a mandate to advance both economic development and environmental protection. This body should have ready access to the scientific and technical expertise that would enable it to resolve trade-environment disputes knowledgeably. It should possess tools to encourage nations to comply with its …

Go to article

Extraterritorial Reach Of Nepa's Eis Requirement After Environmental Defense Fund V. Massey, Karen A. Klick Jan 1994

Extraterritorial Reach Of Nepa's Eis Requirement After Environmental Defense Fund V. Massey, Karen A. Klick

American University Law Review

No abstract provided.

Go to article

Reinventing The Regulatory Agenda: Conclusions From An Empirical Study Of Epa's Clean Air Act Rulemaking Progress Projections, Steven J. Groseclose Jan 1994

Reinventing The Regulatory Agenda: Conclusions From An Empirical Study Of Epa's Clean Air Act Rulemaking Progress Projections, Steven J. Groseclose

Maryland Law Review

No abstract provided.

Go to article

The Buffalo River: Jurisprudence Of Preservation, John W. Ragsdale Jr Jan 1994

The Buffalo River: Jurisprudence Of Preservation, John W. Ragsdale Jr

Faculty Works

No abstract provided.

Go to article

The River Stops Here, Ted Simon Jan 1994

The River Stops Here, Ted Simon

UC Law Environmental Journal

No abstract provided.

Go to article

The Global Loss Of Biological Diversity: A Perspective, In The Context Of The Controversy Over Intellectual Property Rights, Ajay K. Sharma Jan 1994

The Global Loss Of Biological Diversity: A Perspective, In The Context Of The Controversy Over Intellectual Property Rights, Ajay K. Sharma

LLM Theses and Essays

All nations have a stake in preserving biodiversity for ethical, medical, and economic reasons. This thesis discusses objections to the Convention on Biological Diversity and argues for establishing international agreements that set conservation standards to which all parties can be held accountable. These agreements should also include internationally accepted standards for the protection of intellectual property rights.

Go to article

Multidisciplinary Perspectives On The Improvement Of International Environmental Law And Institutions, Linda C. Reif Jan 1994

Multidisciplinary Perspectives On The Improvement Of International Environmental Law And Institutions, Linda C. Reif

Michigan Journal of International Law

Review of Environmental Change and International Law: New Challenges and Dimensions (Edith Brown Weiss ed.), Institutions for the Earth: Sources of Effective International Environmental Protection (Peter M. Haas, Robert O. Keohane, & Marc A. Levy eds.), and The Uncertain Promise of Law: Lessons from Bhopal. by Jamie Cassels

Go to article

U.S. Taxation Of U.S. Persons Doing Business Or Investing In Mexico: An Overview., William H. Hornberger Jan 1994

U.S. Taxation Of U.S. Persons Doing Business Or Investing In Mexico: An Overview., William H. Hornberger

St. Mary's Law Journal

U.S. persons who plan to do business in Mexico or invest in new or existing Mexican business ventures are faced with a myriad of U.S. federal income tax issues. U.S. counsel advising U.S. persons regarding the ownership structure for a contemplated business or investment in Mexico should have a basic understanding of the U.S. system of international taxation. While a working knowledge of Mexico’s tax system is also helpful, Mexican counsel can provide information regarding the Mexican tax implications of doing business or investing in Mexico. A review of the U.S. system of international taxation should begin with a consideration …

Go to article

Mesoamerican Biological Corridor: The Legal Framework For An Integrated, Regional System Of Protected Areas, Thomas T. Ankersen Jan 1994

Mesoamerican Biological Corridor: The Legal Framework For An Integrated, Regional System Of Protected Areas, Thomas T. Ankersen

UF Law Faculty Publications

This article first briefly examines the historical basis for the recent movement toward regional environmental integration in Central America. Part II discusses the biological, economic and cultural rationales for a regional, protected-areas system. With this background, Part III reviews the current international law framework for biodiversity conservation. Part IV examines the extent to which existing models of international and regional cooperation incorporate modern scientific principles of conservation biology, such as island biogeography, into their legal framework. Finally, Part V surveys alternative international law approaches for an integrated, regional, protected-areas system to achieve the region's stated goal of preserving an “effective …

Go to article

Superfund's Second Master: The Uneasy Fit Of Private Cost Recovery Within Cercla, Alfred R. Light Jan 1994

Superfund's Second Master: The Uneasy Fit Of Private Cost Recovery Within Cercla, Alfred R. Light

St. Thomas Law Review

No abstract provided.

Go to article

Foreword, Bruce A. Green Jan 1994

Foreword, Bruce A. Green

Fordham Urban Law Journal

The "Urban Environmental Justice" symposium took place at Fordham University School of Law, and explored how low-income communities and communities of color in our nation’s cities may have been disproportionately burdened by various environmental harms. It considered what should be done about this problem, from the perspectives of civic and citizens’ groups, the government at the federal, state, and city levels, public interest lawyers, corporations, and others. The participants in the March 3rd program represented a variety of backgrounds and experiences. The keynote speaker, Gerald Torres, Counsel to the United States Attorney General, had only weeks earlier been designated to …

Go to article

City Versus Countryside: Environmental Equity In Context, A. Dan Tarlock Jan 1994

City Versus Countryside: Environmental Equity In Context, A. Dan Tarlock

Fordham Urban Law Journal

This Article takes an approach to the problem of environmental equity that is different from the remedies advocated by the leaders of the environmental equity movement. The plea that the benefits of environmental protection be extended to all groups in society is, of course, a legitimate one, but the movement is too narrowly focused and its aims are too modest. I dissent from the two central premises held by environmental equity advocates. First, the movement assumes that judicially recognized and enforced rights will lead to improved public health. Second, the movement asserts that disadvantaged communities should adopt a “Not in …

Go to article

Balancing The Scales Of Environmental Justice, Charles J. Mcdermott Jan 1994

Balancing The Scales Of Environmental Justice, Charles J. Mcdermott

Fordham Urban Law Journal

This Essay discusses various ways to weave principles of justice and equity into solving the problem of environmental racism. This Essay also demonstrates the enormous potential of the waste management industry to act as an agent for environmental equity. Part I identifies problems that have led to accusations of environmental racism and conditions that have contributed to the definition of environmental racism. Part II discusses issues of the actual and perceived risks posed by waste treatment facilities, and the need for an understanding of these risks. The Essay next considers the issues raised in siting facilities, and the importance of …

Go to article

The Visible Spectrum, Nancy E. Anderson, Ph.D Jan 1994

The Visible Spectrum, Nancy E. Anderson, Ph.D

Fordham Urban Law Journal

Today, the national environmental movement is entering a new phase, led by new players, just as the still young environmental protection movement is becoming more politically influential at the local level. The political power of the environmental justice and equity movement and its links with racial and social justice organizations makes its potential impact reach far beyond “NIMBY” (not-in-my-backyard) protests. NIMBY was the first wave of quasi-organized local environmental protests, usually rooted in a single issue. Environmental justice is the next wave, drawing in a broader range of concerns. The focus of this analysis is on how environmental issues are …

Go to article

Compensated Siting Proposals: Is It Time To Pay Attention?, Vicki Been Jan 1994

Compensated Siting Proposals: Is It Time To Pay Attention?, Vicki Been

Fordham Urban Law Journal

Many proposals to overcome the difficulty of siting locally undesirable land uses (“LULUs”) fairly and efficiently suggest that the problem could be resolved if victims of the siting were adequately compensated for the burdens the LULU imposes. This Article seeks to spur greater attention to the difficult moral and political issues compensation proposals raise by showing that compensation programs are widespread in actual siting practice. It argues that the success of compensation programs, while limited, has been sufficient to ensure that such proposals will continue to be a significant feature of siting programs. It urges those interested in environmental justice …

Go to article

Environmental Justice And Sustainability: Is There A Critical Nexus In The Case Of Waste Disposal Or Treatment Facility Siting?, Kent E. Portney Jan 1994

Environmental Justice And Sustainability: Is There A Critical Nexus In The Case Of Waste Disposal Or Treatment Facility Siting?, Kent E. Portney

Fordham Urban Law Journal

Over the past ten years, two environmental "movements," have evolved and gained rapidly in both stature and import. One of these, the environmental justice or equity movement, has sensitized Americans to its contention that minority populations and people of lower socio-economic status have disproportionately borne the risks of environmentally impacting events. The other movement, advocating sustainability, focuses on fostering behavior and policies that contribute to economic growth in environmentally responsible ways. In actuality, as will be elaborated later, sustainability has several meaning, which can be categorized in at least three distinct and sometimes even contradictory ways. Any connection between the …

Go to article

The Meaning Of Urban Environmental Justice, Michel Gelobter, Ph.D. Jan 1994

The Meaning Of Urban Environmental Justice, Michel Gelobter, Ph.D.

Fordham Urban Law Journal

Environmental justice is redress for the structures and situations arising from environmental discrimination and, particularly, environmental racism. Environmental discrimination is actions and practices, arising from both individual ideologies and social structures that preserve and reinforce domination of subordinate groups with respect to the environment, while such discrimination with respect to race is environmental racism. Part I of this Essay discusses how environmental injustice is a three-dimensional nexus of economic injustice, social injustice and an unjust incidence of environmental quality, all of which overwhelmingly assures the continued oppression of communities of color and low-income communities on environmental matters. Part II of …

Go to article

States As Innovators: It's Time For A New Look To Our "Laboratories Of Democracy" In The Effort To Improve Our Approach To Environmental Regulation, David L. Markell Jan 1994

States As Innovators: It's Time For A New Look To Our "Laboratories Of Democracy" In The Effort To Improve Our Approach To Environmental Regulation, David L. Markell

Scholarly Publications

No abstract provided.

Go to article

A New Paradign For Protection: First Amendment Principles And The Environment, Jennifer D. Jones Jan 1994

A New Paradign For Protection: First Amendment Principles And The Environment, Jennifer D. Jones

Washington Law Review

Currently, environmental plaintiffs pursue protection for the ancient forests of the Pacific Northwest by litigating procedural violations of environmental statutes. This method, however, will not provide the long-term protection these plaintiffs desire. This Comment proposes a new model for protection using the First Amendment of the United States Constitution.

Go to article

First Prev Next Last