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Environmental Law Commons™

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1995

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Articles 301 - 330 of 358

Full-Text Articles in Environmental Law

Epa's Problematic Enforcement Policy For The Rlra Section 3004(J) Storage Prohibition As Applied To Mixed Wastes: Edison Electric Institute V. Epa, George A. Voegele Jr. Jan 1995

Epa's Problematic Enforcement Policy For The Rlra Section 3004(J) Storage Prohibition As Applied To Mixed Wastes: Edison Electric Institute V. Epa, George A. Voegele Jr.

Villanova Environmental Law Journal (1991 - )

No abstract provided.

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Association Of National Advertisers, Inc. V. Lungren: Green Marketing And Its First Amendment Implications: An Honest Approach, Christine Gower Mooney Jan 1995

Association Of National Advertisers, Inc. V. Lungren: Green Marketing And Its First Amendment Implications: An Honest Approach, Christine Gower Mooney

Villanova Environmental Law Journal (1991 - )

No abstract provided.

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Issues In The Measurement Of Biological Diversity, Andrew R. Solow, James M. Broadus Jan 1995

Issues In The Measurement Of Biological Diversity, Andrew R. Solow, James M. Broadus

Vanderbilt Journal of Transnational Law

There are many national and international efforts to conserve biological diversity. However, since conservation resources are scarce, they must be used as effectively as possible. This Article examines recent developments in the definition and measurement of biological diversity . The authors explore the advantages and disadvantages of various measures of biological diversity, and the sensitivity of the optimal allocation of conservation resources to alternative measures. This Article demonstrates the importance of the choice of a biological diversity measure while simultaneously indicating that this choice is only one part of the ultimate goal of conservation.

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Enforcement And The Success Of International Environmental Law, Mary Ellen O'Connell Jan 1995

Enforcement And The Success Of International Environmental Law, Mary Ellen O'Connell

Journal Articles

Professor O'Connell discusses the traditional methods used for international law "enforcement," and she argues that international law is generally obeyed. Its enforcement is based primarily on compliance, not enforcement. Accordingly, the author argues against using international enforcement mechanisms to enforce international environmental law. Instead, she posits that domestic courts should be used for international environmental law enforcement; however, certain obstacles, such as sovereign immunity, the doctrine of standing, and the principle of forum non conveniens, must be overcome. Professor O'Connell argues that it may be possible to overcome many of these court-made obstacles to enforcing international law through domestic courts. …

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Biodiversity: Opportunities And Obligations, Jonathan I. Charney Jan 1995

Biodiversity: Opportunities And Obligations, Jonathan I. Charney

Vanderbilt Journal of Transnational Law

This issue of the Vanderbilt Journal of Transnational Law is devoted to the Symposium on Biological Diversity that was convened by the Journal at the Vanderbilt University School of Law on January 20-21, 1995. The focus of the Symposium was the United Nations Convention on Biological Diversity. Biological diversity is a relatively new term in international law and relations. The Biological Diversity Convention was one of the products of the United Nations Conference on Environment and Development (UNCED) that was held in Rio de Janeiro, Brazil in June of 1992. Since the Convention was a product of UNCED, its substance …

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International Law And The Protection Of Biological Diversity, Daniel M. Bodansky Jan 1995

International Law And The Protection Of Biological Diversity, Daniel M. Bodansky

Vanderbilt Journal of Transnational Law

This article provides a general overview of international environmental law and biodiversity. First, the article argues that biodiversity is an international issue because international cooperation is necessary to implement national preservation policies effectively and because the benefits of biodiversity accrue in part to the international community. Second, the article discusses existing international law relevant to biodiversity, including wildlife and habitat protection treaties, the 1992 Convention on Biological Diversity, and general principles of international environmental law such as the precautionary principle, the principle of intergenerational equity, and the principle of differentiated responsibilities. Finally, the article recommends that the international community use …

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Biodiversity In The Marine Environment: Resource Implications For The Law Of The Sea, Christopher C. Joyner Jan 1995

Biodiversity In The Marine Environment: Resource Implications For The Law Of The Sea, Christopher C. Joyner

Vanderbilt Journal of Transnational Law

Professor Joyner begins by explaining what biodiversity is and how it is currently being threatened. He then describes the existing international prescriptions that relate to the preservation of biodiversity, including the Convention on Biodiversity, the Convention on the Law of the Sea, the Convention on the Prevention of Marine Pollution by Dumping and Other Matter, and the International Convention for the Prevention of Pollution from Ships. Professor Joyner examines how these prescriptions protect or fail to protect biodiversity in the marine environment, both independently and in conjunction with related international environmental law. Finally, he assesses how international organizations, regional protection …

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Responsibility For Biological Diversity Conservation Under International Law, Catherine Tinker Jan 1995

Responsibility For Biological Diversity Conservation Under International Law, Catherine Tinker

Vanderbilt Journal of Transnational Law

Professor Tinker begins with a general discussion of biodiversity law within the context of existing international environmental issues and traditional international lawmaking. The article analyzes the legal issues that attend the fulfillment of the objectives of the Biodiversity Convention. The article examines the work of the International Law Commission on state responsibility and liability for environmental harm. The article then explores the precautionary principle and argues that it should be more aggressively applied in order to fulfill the mandate of the Biodiversity Convention.

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Overtaking The Fifth Amendment: The Legislative Backlash Against Environmentalism, Michael Allan Wolf Jan 1995

Overtaking The Fifth Amendment: The Legislative Backlash Against Environmentalism, Michael Allan Wolf

Law Faculty Publications

These are heady times for the champions of private property rights. The U.S. Supreme Court, in Dolan v. City of Tigard, building on the foundation laid in Nollan v. California Coastal Commission and Lucas v. South Carolina Coastal Council,6 chastised a local government for its apparent failure to demonstrate that the development conditions placed on a commercial landowner were "roughly proportional" to the city's goals of floodplain protection and traffic regulation. Judges sitting on the U.S. Court of Claims ("Claims Court"), a veritable hotbed of regulatory takings activity, have issued a series of opinions resulting in hefty bills …

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Home Equity Reform In Texas Forum., Jerry Patterson Jan 1995

Home Equity Reform In Texas Forum., Jerry Patterson

St. Mary's Law Journal

Texas citizens should vote on home equity reform to be able to decide for themselves whether they desire the benefits of home equity borrowing. Texas is the only state in the nation that prohibits homeowners from using their home equity as they see fit such as to educate their children, to start or expand small businesses, or to enjoy their retirement years. Critics to home equity reform in Texas do not fully understand the scope of the amendments or the benefits that come with reform. The myth that equity loans would trigger an increase in foreclosure rates cannot be documented …

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The Size Of A Government Body Is Not Subject To A Vote Dilution Challenge Under Section 2 Of The Voting Rights Act Of 1965., Peter J. Beverage Jan 1995

The Size Of A Government Body Is Not Subject To A Vote Dilution Challenge Under Section 2 Of The Voting Rights Act Of 1965., Peter J. Beverage

St. Mary's Law Journal

In Holder v. Hall, the Court held the size of a government body is not subject to a vote dilution challenge under Section 2 of the Voting Rights Act of 1965. The Act consists of two primary components, Sections 2 and 5, designed to eliminate and prevent subtle voting practices and procedures utilized to obstruct minority voter participation. Section 5 requires states with a history of discriminatory voting practices to obtain federal preclearance before changing a voting standard, practice, or procedure. Section 2 addresses the existing methods utilized to deny or abridge a citizen’s right to vote.  In Holder, the …

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Flow Control Ordinances That Require Disposal Of Trash At A Designated Facility Violate The Dormant Commerce Clause., Laura Gabrysch Jan 1995

Flow Control Ordinances That Require Disposal Of Trash At A Designated Facility Violate The Dormant Commerce Clause., Laura Gabrysch

St. Mary's Law Journal

In C & A Carbone, Inc. v. Town of Clarkstown, the Court held flow control ordinances that require disposal of trash at a designated facility violate the Dormant Commerce Clause. In the absence of congressional action, the Court has recognized—the Dormant Commerce Clause—restrictions on states’ ability to regulate interstate commerce. The Dormant Commerce Clause doctrine does not emanate directly from the Constitution, but instead flows from the body of Commerce Clause jurisprudence that has gained legitimacy throughout the years. In Carbone, the Court elevated the economic interests of one local waste processor over Clarkstown’s environmental and public protection. This type …

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In Re Oluloro: Risk Of Female Genital Mutilation As Extreme Hardship In Immigration Proceedings Symposium - Human Rights In The Americas - Recent Development., Patricia Dysart Rudloff Jan 1995

In Re Oluloro: Risk Of Female Genital Mutilation As Extreme Hardship In Immigration Proceedings Symposium - Human Rights In The Americas - Recent Development., Patricia Dysart Rudloff

St. Mary's Law Journal

On March 23, 1994, in In re Oluloro, Immigration Judge Kendall Warren’s decision indicated the United States Immigration and Naturalization Service (INS) should consider human rights abuses directed at women. The overriding concern was the possibility that two young U.S. girls would suffer female genital mutilation (FGM) if the INS deported their mother to Nigeria. In reaching the decision to suspend the mother’s deportation, Judge Warren condemned FGM as “cruel and serv[ing] no known medical purpose.” Judge Warren ruled the practice presented an extreme hardship for the girls. Unfortunately, the court’s ruling has no precedential value because the INS did …

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Chief Justice Calvert: Man Of Imperturable Integrity In Memoriam., Thomas M. Reavley Jan 1995

Chief Justice Calvert: Man Of Imperturable Integrity In Memoriam., Thomas M. Reavley

St. Mary's Law Journal

Abstract Forthcoming.

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Cutting Costs - Cutting Care: Can Texas Managed Health Care Systems And Hmos Be Liable For The Medical Malpractice Of Physicians., Jim M. Perdue, Stephen R. Baxley Jan 1995

Cutting Costs - Cutting Care: Can Texas Managed Health Care Systems And Hmos Be Liable For The Medical Malpractice Of Physicians., Jim M. Perdue, Stephen R. Baxley

St. Mary's Law Journal

One of the most common forms of managed health care is the health maintenance organization (HMO). An HMO is a quasi-insurance arrangement which provides health care to subscribers for a prepaid monthly fee. These have been attractive as they offer health care at lower cost to consumers. Health care brokers have developed four standard models of HMOs— “staff model,” “group model,” “network model,” and “independent practice association” (IPA) model. Given the degree of control HMOs exercise over member-physicians under any of the above models, Texas courts should hold HMOs liable for their member-physicians’ malpractice under the doctrine of vicarious liability, …

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Oil And Gas Issues Involved In Cercla Reauthorization., Joseph R. Dancy, Victoria A. Dancy Jan 1995

Oil And Gas Issues Involved In Cercla Reauthorization., Joseph R. Dancy, Victoria A. Dancy

St. Mary's Law Journal

After several decades of environmental legislation, the regulated community faces an extremely complex and costly matrix of obligations and responsibilities. For industry in general, the most expensive environmental statute enacted has been the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA). CERCLA created the Hazardous Substances Superfund (Superfund) and established retroactive liability for remediation of hazardous substance contamination. President Clinton admitted CERCLA does not work and even labelled the Superfund a “disaster.” Even though public and private entities have already spent twenty billion dollars on the CERCLA program since its inception, only around ten or twenty percent of …

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Recipe For Reauthorization Of The Endangered Species Act, William Snape Iii Jan 1995

Recipe For Reauthorization Of The Endangered Species Act, William Snape Iii

Scholarly Articles in Law Reviews & Journals

No abstract provided.

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Can International Legal Principles Promote The Resolution Of Central And East European Transboundary Environmental Disputes?, Paul Williams Jan 1995

Can International Legal Principles Promote The Resolution Of Central And East European Transboundary Environmental Disputes?, Paul Williams

Scholarly Articles in Law Reviews & Journals

The fall of communism and the subsequent opening of Central and Eastern Europe (CEE) have revealed a regional ecosystem under serious strain after over forty years of communist stewardship. Although the entire region suffers from an exploited ecosystem, particular destruction has occurred in the border regions of the CEE states. The substantial environmental destruction and continuing degradation in these border regions give rise to a number of transboundary environmental disputes, which must be resolved if the situation is to be alleviated.'

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Iucn's Proposed Covenant On Environment & Development, Nicholas A. Robinson Jan 1995

Iucn's Proposed Covenant On Environment & Development, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

This article examines the genesis and scope of the IUCN draft Covenant. It (a) describes IUCN's interest and experience in preparing the proposed draft Covenant; (b) analyzes the roles the draft Covenant can serve; and (c) identifies some illustrative precedents for the Articles of the draft Covenant.

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International Juridical Organization For Environment And Development, Colorado Journal Of International Environmental Law And Policy Jan 1995

International Juridical Organization For Environment And Development, Colorado Journal Of International Environmental Law And Policy

Colorado Environmental Law Journal

No abstract provided.

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Events Of 1994 – Latin America, Colorado Journal Of International Environmental Law And Policy Jan 1995

Events Of 1994 – Latin America, Colorado Journal Of International Environmental Law And Policy

Colorado Environmental Law Journal

No abstract provided.

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Trade And The Environment: Law, Economics, And Policy By Durwood Zaelke, Paul Orbuch, And Robert F. Housman, Eds., Matthew J. Clark Jan 1995

Trade And The Environment: Law, Economics, And Policy By Durwood Zaelke, Paul Orbuch, And Robert F. Housman, Eds., Matthew J. Clark

Colorado Environmental Law Journal

No abstract provided.

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Shaping A Sustainable Planet: The Role Of Nongovernmental Organizations, Patricia Waak Jan 1995

Shaping A Sustainable Planet: The Role Of Nongovernmental Organizations, Patricia Waak

Colorado Environmental Law Journal

No abstract provided.

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Consolidated Environmental Regulation In West Virginia, David M. Flannery, Kathy G. Beckett, Michael P. Mcthomas Jan 1995

Consolidated Environmental Regulation In West Virginia, David M. Flannery, Kathy G. Beckett, Michael P. Mcthomas

West Virginia Law Review

No abstract provided.

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Section 7(A)(1) Of The "New" Endangered Species Act: Rediscovering And Redefining The Untapped Power Of Federal Agencies' Duty To Conserve Species, J.B. Ruhl Jan 1995

Section 7(A)(1) Of The "New" Endangered Species Act: Rediscovering And Redefining The Untapped Power Of Federal Agencies' Duty To Conserve Species, J.B. Ruhl

Vanderbilt Law School Faculty Publications

This article probes the history, meaning, and potential applications of section 7(a)(1) of the Endangered Species Act, which by its terms imposes a "duty to conserve" on all federal agencies. The article examines how agencies and courts have watered down this potentially forceful species conservation directive and suggests that, by linking it with the recovery planning function of section 4(f) of the Act, the duty to conserve could help us gain traction on species recovery.

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Lessons From The Procedural Politics Of The "Comprehensive" National Energy Policy Act Of 1992, Jim A. Rossi Jan 1995

Lessons From The Procedural Politics Of The "Comprehensive" National Energy Policy Act Of 1992, Jim A. Rossi

Vanderbilt Law School Faculty Publications

This Article examines the political and procedural history of the EP Act in order to arrive at some general lessons and recommendations regarding congressional formation of energy policy. At least two commentators on the EP Act praise it as the "second generation" of federal energy policy, based in laws that achieve "their mandates more by consensus than coercion." The EP Act's history, however, was far from smooth. Procedural obstacles, such as filibuster, inter-committee conflict, and inter-chamber conflict, led many to declare the EP Act dead on several occasions prior to its passage.

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The Flathead Water Quality Standards Dispute: Legal Bases For Tribal Regulatory Authority Over Non-Indian Reservation Lands, Daniel I.S.J. Rey-Bear Jan 1995

The Flathead Water Quality Standards Dispute: Legal Bases For Tribal Regulatory Authority Over Non-Indian Reservation Lands, Daniel I.S.J. Rey-Bear

American Indian Law Review

No abstract provided.

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Civil Liability For Damage Caused To The Environment By Hazardous Waste: Lessons For The European Union From The Us Experience, Artemis Hatzi-Hull Jan 1995

Civil Liability For Damage Caused To The Environment By Hazardous Waste: Lessons For The European Union From The Us Experience, Artemis Hatzi-Hull

LLM Theses and Essays

As environmental awareness has surged over the last two decades, environmental law has rapidly developed. In both agricultural and industrial countries, the environment is a sensitive and vital area where substantial economic interests are at stake. In the United States, many social, political, and economic reasons have spawned rapid expansion of environmental law. Congress has enacted numerous statutes and empowered federal agencies, primarily the Environmental Protection Agency (EPA), to adopt standards and enforce these new laws. A decade ago, environmental liability was not a major concern for US businesses and was rarely dealt with in commercial contracts. However, the situation …

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Criminal Enforcement Of U.S. Environmental Laws, Ramasamy Krishnan Jan 1995

Criminal Enforcement Of U.S. Environmental Laws, Ramasamy Krishnan

LLM Theses and Essays

This LL.M. thesis provides a comprehensive examination of criminal enforcement of environmental laws in the United States, tracing the historical development of criminal provisions from common law nuisance origins through modern statutes such as the Clean Air Act, the Clean Water Act, and sentencing guidelines like the Sentencing Reform Act and Criminal Fines Improvement Act. The work analyzes the public welfare offense doctrine and its impact on mens rea requirements, examining varied standards of liability, including strict liability, "knowing" violations, knowing endangerment, and wilfulness or negligence, as well as corporate liability and individual employee liability through the responsible corporate officer …

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Capital Punishment: The Humanistic And Moral Issues Address., Helen Prejean Jan 1995

Capital Punishment: The Humanistic And Moral Issues Address., Helen Prejean

St. Mary's Law Journal

Death row reminds us that justice is not equal. Death sentences, opposed to being reserved for only the most heinous crimes, are generally related to the profile of the victim and identity of those most outraged by the crime. The majority of people on death row killed a white person, even though one-half of homicide victims in the United States are people of color. Because of this, and the fact that the law almost always sides with people of wealth and power, the death penalty works to compound societal trauma instead of healing or solving anything. The skewed and harmful …

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