Environmental Law Commons^™

Inupiat Subsistence And The Bowhead Whale: Can Indigenous Hunting Cultures Coexist With Endangered Animal Species?, Michael L. Chiropolis

Colorado Environmental Law Journal

No abstract provided.

Product Standards To Protect The Local Environment--The Gatt And The Uruguay Round Sanitary And Phytosanitary Agreement, John J. Barceló Iii

Cornell Law Faculty Publications

No abstract provided.

Cercla, Causation, And Responsibility, John Copeland Nagle

Journal Articles

The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ("CERCLA") and causation have enjoyed an uneasy coexistence. The tension between them results from the circumstances in which CERCLA became law. The Congress that enacted CERCLA considered two alternative liability schemes, both of which required that "polluters pay" for the cleanup of hazardous wastes. The House proposed imposing liability on those who "caused or contributed" to hazardous waste problems, while the Senate looked to specifically designated "responsible parties." The Senate prevailed. The consequences of that choice for the traditional tort concept of causation, like many other questions left unanswered in …

Fear And Loathing In The Siting Of Hazardous And Radioactive Waste Facilities: A Comprehensive Approach To A Misperceived Crisis, Michael B. Gerrard

Faculty Scholarship

Few laws have failed so completely as the federal and state statutes designed to create new facilities for the disposal of hazardous and radioactive waste. Despite scores of siting attempts and the expenditure of several billion dollars since the mid-1970s, only one radioactive waste disposal facility, only one hazardous waste landfill (in the aptly named Last Chance, Colorado), and merely a handful of hazardous waste treatment and incineration units are operating on new sites in the United States today.

In 1981, a leading member of Congress, relying on data from the U.S. Environmental Protection Agency (EPA), predicted that by 1985 …

Liberal Environmental Jurisprudence, David A. Westbrook

Journal Articles

No abstract provided.

The Proposed Environmental Justice Act: "I Have A (Green) Dream", Claire L. Hasler

Seattle University Law Review

This Comment addresses the concept of environmental racism, the tools that have been used to fight it, and the proposed Environmental Justice Act of 1993. Part II begins with an examination of the evidence minority communities have relied on as proof that environmental racism exists. The evidence contained in numerous articles clearly shows inequalities in the amounts of environmental and health hazards minority communities bear, and this evidence validates the existence of pervasive environmental injustice in our society. Part III addresses the limited case law involving attempts by minority communities to challenge perceived environmental racism and assesses the effectiveness of …

Using Trade To Enforce International Environmental Law: Implications For United States Law, Mary Ellen O'Connell

Journal Articles

The United States has enviable domestic environmental protection laws. However, good domestic environmental protection raises two concerns: effectiveness and competitiveness. In response to these two problems of environmental protection—effectiveness and competitiveness—members of Congress introduced over thirty bills in 1990 to amend U.S. trade laws. The bills were designed to either press other states to adopt environmental protection standards similar to the United States own or to at least minimize the competitive disadvantage for U.S. business inherent in U.S. regulations. The bills took one of two approaches: either they aimed at restricting access to U.S. markets for those states failing to …

Leonard Levin 1924-1993, James Edward Maule

Villanova Environmental Law Journal (1991 - )

No abstract provided.

The Battle Over Municipal Liability Under Cercla Heats Up: An Analysis Of Proposed Congressional Amendments To Superfund, Joseph M. Manko, Madeline H. Cozine

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Medzamor: Weighing The Reopening Of Armenia's Unstable Nuclear Power Plant And The Duties Of The International Community, Tamara C. Gureghian

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Epa Runs Cerclas Around Bankruptcy Law: In Re Cmc Heartland Partners, Catherine A. Barth

Villanova Environmental Law Journal (1991 - )

No abstract provided.

The Role Of State Little Superfunds In Allocation And Indemnity Actions Under The Comprehensive Environmental Response, Compensation And Liability Act, Robert B. Mckinstry Jr.

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Opening Remarks Of The Panelists, Editors

Villanova Environmental Law Journal (1991 - )

No abstract provided.

The Pendulum Swings Back: Why The Sec Should Rethink Its Policies On Disclosure Of Environmental Liabilities, Elizabeth Glass Geltman

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Disclosure Of Environmental Liability In Sec Filings, Financial Statements, And Debt Instruments: An Introduction, Michael M. Meloy

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Furthering The Goals Of Cercla By Limiting State Agency Cleanup Liability: Stilloe V. Almy Brothers, Inc., Michelle M. Delgado

Villanova Environmental Law Journal (1991 - )

No abstract provided.

The Victims Of Nimby, Michael B. Gerrard

Faculty Scholarship

It is a syndrome, a pejorative, and an acronym of our times: NIMBY, or Not In My Back Yard. It has a political arm, NIMTOO (Not In My Term Of Office), an object of attack, LULUs (Locally Undesired Land Uses), and an extreme form, BANANA (Build Absolutely Nothing Anywhere Near Anyone). Acronyms aside, however, the question remains as to whether or not NIMBY has victims. Is anyone hurt by NIMBY?

Many leading voices in the environmental justice movement believe that minority communities are victims of NIMBY. For example, Professor Robert D. Bullard has written that "[t]he cumulative effect of not-in-my-backyard …

Two Social Movements, Thomas W. Merrill

Faculty Scholarship

Two social movements in the last fifty years have had a profound impact on our understanding of law and the role of the courts in our system of government. One is the civil rights movement. The demand for greater racial and gender equality and other civil rights has changed the face of the law in countless ways. For example, it has called into question – or at least required a fundamental revision in – the traditional understanding that the courts should interpret the Constitution and laws in accordance with their original meaning. Decisions such as Brown v. Board of Education …

The World Environment Center, Colorado Journal Of International Environmental Law And Policy

Colorado Environmental Law Journal

No abstract provided.

Front Matter, Colorado Journal Of International Environmental Law And Policy

Colorado Environmental Law Journal

No abstract provided.

Indigenous Self-Government, Environmental Protection, And The Consent Of The Governed: A Tribal Environmental Review Process, Dean B. Suagee, Christopher T. Stearns

Colorado Environmental Law Journal

No abstract provided.

Indigenous Peoples Displaced From Their Environment: Is There Adequate Protection?, Maria Stavropoulou

Colorado Environmental Law Journal

No abstract provided.

Indigenous People And The Environment: The Case Of The Pastoral Maasai Of Kenya, Joy K. Asiema, Francis D.P. Situma

Colorado Environmental Law Journal

No abstract provided.

On Our Way To Ten Billion Human Beings: A Comment On Sustainability And Population, Elizabeth Rohrbough

Colorado Environmental Law Journal

No abstract provided.

A Fish Out Of Water: A Proposal For International Instream Flow Rights In The Lower Colorado River, Frank S. Wilson

Colorado Environmental Law Journal

No abstract provided.

Equivalent Frames Of Reference For Judging Risk Regulation Policies, W. Kip Viscusi

Vanderbilt Law School Faculty Publications

Although the design of risk regulations has not yet attained what might be termed the economist's ideal of maximizing the difference between benefits and costs, substantial progress has been made in the design of regulatory policy. When the risk regulation agencies began their efforts in the early 1970s, there was widespread concern that something needed to be done to address the important risks that society faces. The substantial optimism with respect to our technological capabilities in reducing risk may have led to a failure to recognize the limits of our risk regulation ventures. Over time, there has been increasing emphasis …

Superfund And Real Risks, W. Kip Viscusi, James T. Hamilton

Vanderbilt Law School Faculty Publications

An analysis of the Superfund program represents the first systematic effort to document the character of the risks addressed by this legislation, which will in turn determine the total cleanup cost and the degree to which Superfund addresses environmental risks. This analysis is examined.

The Role Of Existing Environmental Laws In The Environmental Justice Movement, Michael B. Gerrard

Faculty Scholarship

I will focus on what can and cannot be done under the existing statutory and regulatory structures and the common law to protect minority communities from environmental hazards. I will highlight some of the current holes in the legal system to suggest areas where statutory reform might be useful. Fights against these facilities break down between future unbuilt facilities, on the one hand, and existing facilities on the other hand.

A broad array of statutes regulates future facilities, such as landfills, incinerators, interstate highways, and polluting factories. Some of these laws are aimed at providing information and requiring the decision …

Equal Enforcement For All, George Van Cleve

Faculty Articles

As a premise, there is no reason in this society, at this time, for individuals of any race or economic status to be involuntarily exposed to disproportionate environmental risks. This article argues that if there are disproportionate impacts and you want to do something about it, you tell the government to increase enforcement resources. You tell the government to make sure that there are no exceptions, and that the fact that an employer is a large, local employer and politically influential does not mean that it should get any breaks from anybody for any reason.

Levels Of Liability For Damage To The Environment Caused By Waste: A Comparative Study Of The Law In The United States And In Europe, Werner Boel

LLM Theses and Essays

This LL.M. thesis undertakes a comprehensive comparative analysis of liability regimes for the unappropriated disposal of hazardous waste across three different regulatory frameworks — (1) United States federal regulations, (2) European Union initiatives, and (3) regulations imposed by the Council of Europe — in transnational waste cases. In particular, the work examines the Resource Conservation and Recovery Act (RCRA), the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the European Union's proposed Waste Liability Directive, and the Council of Europe's Convention on Civil Liability for Damage Resulting from Activities Dangerous to the Environment. The work traces the historical development of …