Environmental Law Commons^™

Casting A Net Into Turbulent Waters: Indian Salmon Fishing Rights In Canada And The United States, Brian R. Campbell

UC Law Environmental Journal

No abstract provided.

A Great Loneliness Of Spirit, Charles F. Wilkinson

UC Law Environmental Journal

No abstract provided.

The Battle Over The Environmental Impact Statement In The Campo Indian Landfill War, Dan Mcgovern

UC Law Environmental Journal

No abstract provided.

An Outline History Of Environmental Law And Administration In Poland, Daniel H. Cole

Articles by Maurer Faculty

No abstract provided.

The Practice Of Federalism Under The Clean Air Act, John P. Dwyer

Maryland Law Review

No abstract provided.

On The Topology Of Uniform Environmental Standards In A Federal System - And Why It Matters, James E. Krier

Maryland Law Review

No abstract provided.

Biodiversity Federalism, A. Dan Tarlock

Maryland Law Review

No abstract provided.

Structuring A Market-Oriented Federal Eco-Information Policy, Peter S. Menell

Maryland Law Review

No abstract provided.

Limitations On State Agency Authority To Adopt Environmental Standards More Stringent Than Federal Standards: Policy Considerations And Interpretive Problems, Jerome M. Organ

Maryland Law Review

No abstract provided.

The Inadequacies Of Congressional Attempts To Legislate Federal Facility Compliance With Environmental Requirements, Melinda R. Kassen

Maryland Law Review

No abstract provided.

Our Federalism, Our Hazardous Waste, And Our Good Fortune

Maryland Law Review

No abstract provided.

A Comparison Of Environmental Federalism In The United States And The European Union, Clíona J.M. Kimber

Maryland Law Review

No abstract provided.

Economic Incentives And Nonpoint Source Pollution: A Case Study Of California's Grasslands Region, Brian E. Gray, Chelsea H. Congdon, Terry F. Young

Faculty Scholarship

No abstract provided.

Challenges To Environmental Law, John D. Leshy

Faculty Scholarship

No abstract provided.

Tribal Water Quality Standards Under The Clean Water Act: Protecting Traditional Cultural Uses, William C. Galloway

Washington Law Review

Since 1987, the Clean Water Act has allowed Indian tribes to be treated as states for various purposes under the Act. Among the regulatory powers of states under the Clean Water Act is the ability to set water quality standards, subject to approval by the Environmental Protection Agency (EPA). Upstream pollution dischargers must comply with a downstream state's water quality standards once it is established that an upstream discharge demonstrably impacts downstream water quality. The power to set water quality standards represents a new and potentially powerful tool to protect traditional uses and enhance reservation environments, but only if tribes …

To Dream The Impossible Dream: Globalization And Harmonization Of Environmental Laws, 20 N.C. J. Int'l L. & Com. Reg. 205 (1995), Alberto Bernabe

UIC Law Open Access Faculty Scholarship

No abstract provided.

An Introduction To Environmental Law In The United States Of America, Michael E. Herz

Articles

There is an old joke about someone who, having taken a course in speed reading, is able to finish War and Peace in an afternoon. On bragging about this accomplishment, he is asked what the book was about. His entire response: "Russia." In attempting to fulfil my charge to summarize American environmental law in a few pages I fear that I risk a similar result. With such ruthless simplification, the reader may came away with no more understanding of this enormous, detailed, and complex body of law than the speed reader had of Tolstoy, knowing only that American environmental law …

Regulatory Takings And Wetland Protection In The Post-Lucas Era, Richard C. Ausness

Law Faculty Scholarly Articles

In June 1992, the United States Supreme Court decided Lucas v. South Carolina Coastal Council. The case involved a claim for compensation against the State of South Carolina by a landowner who was prohibited from placing structures on two of his beachfront lots. The Court declared that the landowners must be compensated when government regulations deprive them of all economically beneficial or productive uses of their property unless the proscribed uses were not permitted as part of their original titles.

Although some legal commentators have praised the Lucas decision, others have strongly condemned it. A common criticism of Lucas …

The International Convention To Combat Desertification: Drawing A Line In The Sand?, William C. Burns

Michigan Journal of International Law

The purpose of this article is to assess the potential efficacy of the Convention in the face of devastation of the world's dryland resources. In this pursuit, I will: 1) Outline the causes and implications of desertification; 2) Present a brief history of past efforts to battle desertification; 3) Discuss the contours and the Convention; and 4) Assess the prospects for the Convention to make a meaningful difference in the struggle to save the world's land.

If Your Grandfather Could Pollute, So Can You: Environmental "Grandfather Clauses" And Their Role In Environmental Inequity, Heidi Gorovitz Robertson

Law Faculty Articles and Essays

When this country was struggling over voting rights, it adopted what are now called "grandfather clauses" to exclude certain groups from the democratic process. Although various types of laws excluded people from voting, a man could vote if his grandfather had been allowed to vote. [FN3] Applied to modern environmental laws, a grandfather clause, in essence, says, "if your grandfather could pollute, so can you."In the environmental arena, these laws make it much easier for companies or municipalities to expand older, existing facilities than to create new ones. They also make it significantly more difficult for opponents to shut down …

New Capital For Bankruptcy Reorganizations: It's The Amount That Counts,, Charles Adams

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Maximizing Tax Benefits To Farmers And Ranchers Implementing Conservation And Environmental Plans, Jesse J. Richardson Jr.

Oklahoma Law Review

No abstract provided.

Poland's Progress: Environmental Protection In A Period Of Transition, Daniel H. Cole

Articles by Maurer Faculty

No abstract provided.

Toward A Sustainable Urbanism: Lessons From Federal Regulation Of Urban Stormwater Runoff, Joel B. Eisen

Law Faculty Publications

This Article focuses on the particularly vexing challenge of forging a sustainable urbanism in Edge Cities and analyzes regulatory attempts to control urban stormwater runoff. If our task is to "describe the natural world and to evaluate our actions toward it in ways that presuppose ... [a] community between nature and mankind," we must also characterize and address this source of considerable pollution, which originates from thousands of dispersed locations. Unfortunately, environmental protection efforts have only begun to address the pollution of urban stormwater runoffs. Parts II and III of this Article detail these largely unsuccessful attempts and conclude that …

Northern Rockies Report On 1994 Natural Resources Legislation, Carl W. Tobias

Law Faculty Publications

I want to report on certain political developments in the Big Sky states which will help to illuminate why 1994 was such a dismal year for national legislation relating to Montana natural resources by emphasizing the ongoing wilderness debate. Representative Pat Williams (D-Mont.), who fist won election to the House of Representatives in 1978, developed, introduced and skillfully shepherded through the House a wilderness bill that would have created approximately 1.7 million acres of new wilderness. The legislation would also have released much land for multiple use, particularly for resource development, and would have designated considerable additional acreage for further …

Environment And Trade Concepts And Principles Of International Law: An Introduction, David Hunter

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Regulatory Takings, Historic Preservation And Property Rights Since Penn Central: The Move Toward Greater Protection, Chauncey L. Walker, Scott D. Avitabile

Fordham Environmental Law Review

No abstract provided.

Recent Takings Deisions And Their Impact On Historic Preservation, Lisa M. Jaeger

Fordham Environmental Law Review

No abstract provided.

Why Rent Control Is A Regulary Taking, R.S. Radford

Fordham Environmental Law Review

No abstract provided.

Editor-In-Chief's Note, John F. Beggs

Fordham Environmental Law Review

No abstract provided.