Environmental Law Commons^™

Predicting Future Sources Of Mass Toxic Tort Litigation, Jeffrey A. Foran, Bernard D. Goldstein, John A. Moore, Paul Slovic

RISK: Health, Safety & Environment (1990-2002)

The authors describe the efforts of an expert working group to identify potential sources, over the next five to ten years, of future mass litigation and report on the group's consensus conclusions.

Limitations Inherent In The Title To Wetlands At Common Law, Fred P. Bosselman

All Faculty Scholarship

No abstract provided.

Table Of Contents

Journal of Environmental and Sustainability Law

No abstract provided.

Redefining Cercla Arranger Liability: Making The Responsible Party Pay. United States V. Tic Investment Corporation , Marc D. Poston

Journal of Environmental and Sustainability Law

No abstract provided.

Hurry Up And Have An Accident: Comprehensive General Liability Contract Standard Pollution Exclusion Clause Includes A Temporal Element. Charter Oil Company V. American Employers' Insurance , Kevin Murphy

Journal of Environmental and Sustainability Law

No abstract provided.

Controlling Externalities Associated With Concentrated Animal Feeding Operations: Evaluating The Impact Of H.B. 1207 And The Continuing Viability Of Zoning And The Common Law Of Nuisance , Jerome M. Organ, Kristin M. Perry

Journal of Environmental and Sustainability Law

No abstract provided.

Regulatory Reinvention And Project Xl: Does The Emperor Have Any Clothes?, Rena I. Steinzor

Faculty Scholarship

No abstract provided.

Unfunded Environmental Mandates And The "New (New) Federalism": Devolution, Revolution, Or Reform, Rena I. Steinzor

Faculty Scholarship

No abstract provided.

Solid And Hazardous Waste Management And Remediation: Prospects For The Future, David L. Markell

Scholarly Publications

No abstract provided.

Environmental Law At Maryland, No. 4, Winter 1996

Environmental Law at Maryland

No abstract provided.

The Dolphin/Tuna Controversy And Environmental Issues: Will The World Trade Organization's "Arbitration Court" And The International Court Of Justice's Chamber For Environmental Matters Assist The United States And The World In Furthering Environmental Goals?, Alison Raina Ferrante

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Resource Law Notes Newsletter, No. 36, Winter Issue, Jan. 1996, University Of Colorado Boulder. Natural Resources Law Center

Resource Law Notes: The Newsletter of the Natural Resources Law Center (1984-2002)

No abstract provided.

Case Summaries

Journal of Environmental and Sustainability Law

No abstract provided.

Taking Words For Granted: Why Congress Should Expressly Define Terms Within The Esa's Takings Provision, Douglas T. Cohen

Journal of Environmental and Sustainability Law

No abstract provided.

Is A Textualist Approach To Statutory Interpretation Pro-Environmentalist?: Why Pragmatic Agency Decisionmaking Is Better Than Judicial Literalism, Bradford Mank

Faculty Articles and Other Publications

This Article provides both anecdotal evidence and a more theoretical argument for why textualist statutory interpretation is not the best approach to address environmental. issues.

A Model Water Transfer Act For California: An Agricultural Perspective, David J. Guy

UC Law Environmental Journal

No abstract provided.

Water Allocation, Nancy Nelson

Colorado Environmental Law Journal

No abstract provided.

Sustainable Development, Nancy Nelson

Colorado Environmental Law Journal

No abstract provided.

Mining: Criminal Sanctions Sought In Philippine Mine Tailings Spill, Patricia Thompson

Colorado Environmental Law Journal

No abstract provided.

"Green Helmets": A Conceptual Framework For Security Council Authority In Environmental Emergencies, Linda A. Malone

Michigan Journal of International Law

Although 1995 marks the fiftieth anniversary of the birth of the United Nations, the year also marks the fifth anniversary of a newly revitalized Security Council. In this period of five years, scholarly debate on the Security Council has shifted from what it might do if it could act to what substantive limits, if any, exist on the Security Council's authority to act under the Charter. The legitimacy of the Security Council's authority under the Charter arises both in its initial determination of when it can act and in its determination of the appropriate scope of its actions once it …

The Effectiveness And Fairness Of Superfund's Judicial Review Preclusion Provision, Michael P. Healy

Law Faculty Scholarly Articles

This article examines the effectiveness and fairness of section 113(h) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund). That broadly-worded provision forecloses judicial review of Superfund cleanups prior to enforcement or cleanup completion by requiring that any review action fall within several narrowly-defined exceptions.

After providing an overview of the statute, its enforcement mechanisms, and a context for considering section 113(h), the article summarizes how courts have applied CERCLA's timing of review provision, focusing principally on recent interpretations of the provision. Finally, the article evaluates the effectiveness and fairness of CERCLA review preclusion and concludes by …

Introduction: To Devolve, Or Not To Devolve: The (D)Evolution Of Environmental Law, J. Clark Kelso

McGeorge School of Law Scholarly Articles

No abstract provided.

Symposium Introduction: 25th Anniversary Of The New York State Department Of Environmental Conservation: Past And Future Challenges And Directions, David L. Markell

Scholarly Publications

No abstract provided.

Water Resource Management And Environmental Policy Reform In New Zealand: Regionalism, Allocation, Indigenous Relations, Lloyd Burton, Chris Cocklin

Colorado Environmental Law Journal

No abstract provided.

Table Of Contents, Colorado Journal Of International Environmental Law And Policy

Colorado Environmental Law Journal

No abstract provided.

Trade Restrictions On Harvesting Aquatic Life, Clay Fong

Colorado Environmental Law Journal

No abstract provided.

Text, Purpose And Facts: The Relationship Between Cercla Sections 107 And 113, William D. Araiza

Faculty Scholarship

No abstract provided.

Nafta Accession And Environmental Protection: The Prospects For An "Earth Friendly" Integration Of Latin American Nations Into The North American Trading Bloc, Russel M. Lazega

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Greening World Trade: Reconciling Gatt And Multilateral Environmental Agreements Within The Existing World Trade Regime, Charles R. Fletcher

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Protecting The Environment For Future Generations: A Proposal For A Republican Superagency, Bradford Mank

Faculty Articles and Other Publications

Part I of this Article introduces the principle that the present generation owes duties to future generations. Part II argues that current environmental laws fail future generations. Part III argues that neither Congress nor the executive branch can protect future generations from environmental harms due to short-term political pressures. Part IV evaluates the current capabilities of agencies to plan for long-term environmental problems. Part V evaluates whether agencies may be capable of better long-term planning by creating a dialogue with the public. Part VI proposes a Superagency to protect the environmental interests of future generations. The Superagency would be independent …