Environmental Law Commons^™

Jurisdiction To Review Agency Inaction Under Federal Environmental Law, Daniel P. Selmi Jan 1996

Ifc Legal Department, Model Investment Agreement E&S Provisions, 1996, Ifc Jan 1996

Preliminary Thoughts On Future Policy Directions For The Management Of Solid And Hazardous Waste, David L. Markell Jan 1996

Lessons From The New York City Watershed Agreement, David L. Markell Jan 1996

Square Pegs And Round Holes: Does Sentencing For Environmental Crimes Fit Within The Guidelines?, Lucia A. Silecchia, Michael J. Malinowski Jan 1996

Fruits Of The "Impenetrable Jungle": Navigating The Boundary Between Land-Use Planning And Environmental Law, Michael Allan Wolf Jan 1996

A Matter Of Trust: Federal Environmental Responsibilities To Native Americans Under Customary International Law, Karyn I. Wendelowski Jan 1996

Snake River Salmon And The National Forests: The Struggle For Habitat Conservation, Resource Development, And Ecosystem Management In The Pacific Northwest, Murray D. Feldman Jan 1996

Screening Water Diversions For Fish Protection: A Survey Of Policy, Practices, And Compliance In The Pacific Northwest, James D. Crammond Jan 1996

Between The Flood And The Rainbow: Our Covenant To Protect The Whole Of Creation, Bruce Babbitt Jan 1996

Sweet Home's Effect On The Chevron Doctrine And The Increased Role Of The Judiciary In Reviewing Agency Statutory Interpretations, Simona Papazian Jan 1996

Desginations Of Critical Habitat Persuant To The Endangered Species Act: Does Nepa Apply?, David G. Perillo Jan 1996

"Brownfields Of Dreams?": Challenges And Limits Of Voluntary Cleanup Programs And Incentives, Joel B. Eisen Jan 1996

The Proposal To Split The Ninth Circuit, Carl W. Tobias Jan 1996

Environmental Injustice: Evidence And Economic Implications, Heidi Y. Willers Jan 1996

A Watershed Issue: The Role Of Streamflow Protection In Northwest River Basin Management, Reed D. Benson Jan 1996

Trade And The Environment: Equilibrium Or Imbalance?, Douglas J. Caldwell, David A. Wirth Jan 1996

Principles Of Governmental Immunity In Texas: The Texas Government Waives Sovereign Immunity When It Contracts - Or Does It Comment., Renna Rhodes Jan 1996

Principles Of Governmental Immunity In Texas: The Texas Government Waives Sovereign Immunity When It Contracts - Or Does It Comment., Renna Rhodes

St. Mary's Law Journal

---

When the government causes injury through negligence or by breaching a contract, the injured party must face the obstacle of governmental immunity. The doctrine of governmental immunity can act as a total bar to recovery, especially in Texas. Over the years, governmental immunity increasingly has faced attack from courts and commentators. Some states, including Texas, have revised the common-law doctrine, allowing the government to be sued in certain situations. In Texas, principles of governmental immunity are often misconstrued. Which principles of governmental immunity apply to a particular situation in Texas depends on whether the defendant is a state entity or …

---

Go to article

Third World Texas: Nafta, State Law, And Environmental Problems Facing Texas Colonias Symposium - The Environment And The United States-Mexico Border - Comment., David L. Hanna Jan 1996

Third World Texas: Nafta, State Law, And Environmental Problems Facing Texas Colonias Symposium - The Environment And The United States-Mexico Border - Comment., David L. Hanna

St. Mary's Law Journal

---

The horrendous conditions along the Texas-Mexico border stem from factors on both sides of the Rio Grande River, including maquiladoras, migrant farms, poverty, poor land development, and bureaucracy. The adverse living conditions in Texas’s third world border region have resulted in immense health and safety problems. The United States government promised the North American Free Trade Agreement (NAFTA) would bring new environmental prosperity to the border region. Yet, aside from one sentence in the preamble, NAFTA does not directly address environmental protection. The United States and Mexico, as part of a series of environmental side agreements, created the Border Environmental …

---

Go to article

Nafta And The Environment: Dealing With Abnormally High Birth Defect Rates Among Children Of Texas-Mexico Border Towns Symposium - The Environment And The United States-Mexico Border - Comment., Kelly L. Reblin Jan 1996

Nafta And The Environment: Dealing With Abnormally High Birth Defect Rates Among Children Of Texas-Mexico Border Towns Symposium - The Environment And The United States-Mexico Border - Comment., Kelly L. Reblin

St. Mary's Law Journal

---

Along the 868-mile Texas-Mexico border thousands of young women live in fear as deadly birth defects with unknown causes threaten the lives of their unborn children. A total of ninety cases of the birth defect anencephaly, meaning the fetus has no brain, were reported in the fourteen Texas border counties between 1986 and 1991. The cause of these birth defects has yet to be determined officially; yet, researchers and residents along the Texas-Mexico border blame poor environmental conditions caused by the maquiladora industry and inadequate sewage facilities. The Texas Department of Health and the Centers for Disease Control investigated the …

---

Go to article

Giving Texas Lawyers Their Dues: The State Bar's Liability Under Hudson And Keller For Political And Ideological Activities., Ralph H. Brock Jan 1996

Giving Texas Lawyers Their Dues: The State Bar's Liability Under Hudson And Keller For Political And Ideological Activities., Ralph H. Brock

St. Mary's Law Journal

---

The State Bar must provide information for members to assess the propriety of mandatory dues and establish a procedure for members to challenge improper expenditures, however, the Texas State Bar provides no such procedure. Although most states have unified bars, opposition to compulsory bar membership is steady—due largely, to using membership dues to lobby state legislatures in favor of positions which some members may oppose. Chicago Teachers Union v. Hudson and Keller v. State Bar of California are the culmination of labor union and unified bar cases which uphold compulsory membership but establish constitutional limits on the uses of mandatory …

---

Go to article

Hopwood V. Texas: A Victory For Equality That Denies Reality Recent Development., Robert A. Lauer Jan 1996

Hopwood V. Texas: A Victory For Equality That Denies Reality Recent Development., Robert A. Lauer

St. Mary's Law Journal

---

Abstract Forthcoming.

---

Go to article

Same-Sex Harassment - The Next Step Up In The Evolution Of Sexual Harassment Law Under Title Vii Comment., Regina L. Stone-Harris Jan 1996

Same-Sex Harassment - The Next Step Up In The Evolution Of Sexual Harassment Law Under Title Vii Comment., Regina L. Stone-Harris

St. Mary's Law Journal

---

Women sexually harassed by male co-workers are protected by Title VII of the Civil Rights Act. Yet, men are not protected because the federal courts in the Fifth Circuit do not protect men who are sexually harassed by other men. Male victims of sexual harassment are protected if they live in another district which does offer Title VII protection to same-sex victims. But should geography dictate protection? The federal courts are currently split as to whether a claim of sexual harassment between members of the same gender is actionable under Title VII of the Civil Rights Act. In the absence …

---

Go to article

Capture And Counteraction: Self-Help By Environmental Zealots, James E. Krier Jan 1996

Capture And Counteraction: Self-Help By Environmental Zealots, James E. Krier

University of Richmond Law Review

---

Self-help is a largely neglected topic in American legal studies. With the exception of a survey by a group of law students published a dozen years ago, there appears to be little, if anything, in our legal literature that confronts the subject in a systematic way. This is so, at least, if one defines self-help as I do. To me, the term refers to any act of bypassing the formal legal system in order to get what one wants.

---

Go to article

Seminar On The Law Of Sustainable Development--United States, John R. Nolon Jan 1996

Seminar On The Law Of Sustainable Development--United States, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

---

Welcome to a video seminar on the Law of Sustainable Development in Argentina and the United States. Our plan is to record these proceedings and show segments of them at a similar seminar to be held next month in Buenos Aires, Argentina.

---

Go to article

Judicial Review Of Cercla Cleanup Procedures: Striking A Balance To Prevent Irreparable Harm, Lucia A. Silecchia Jan 1996

Judicial Review Of Cercla Cleanup Procedures: Striking A Balance To Prevent Irreparable Harm, Lucia A. Silecchia

Scholarly Articles

---

When Congress passed the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) in 1980 in response to the problems of toxic waste and hazardous substances, the central goals of the Act were clear. CERCLA was intended to provide an effective mechanism for cleaning up such dangers as quickly as possible, with as little expense as feasible, and with as much of that expense as possible borne by the responsible parties, rather than by the taxpayers. Accordingly, CERCLA included provisions for establishing liability for the costs of cleaning up hazardous waste sites. Congress also created the Superfund to pay for those …

---

Go to article

Liberal Construction Of Cercla Under The Remedial Purpose Canon: Have The Lower Courts Taken A Good Thing Too Far?, Blake Watson Jan 1996

Liberal Construction Of Cercla Under The Remedial Purpose Canon: Have The Lower Courts Taken A Good Thing Too Far?, Blake Watson

School of Law Faculty Publications

---

This article examines the use of the remedial purpose canon of statutory construction in connection with the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), otherwise known as the Superfund Act. The article also assesses scholarly criticisms of the remedial purpose canon.

---

Go to article

Main Currents In Early Multilateral Water Treaties: A Historical-Geographic Perspective, 1648–1948, James L. Wescoat Jan 1996

Main Currents In Early Multilateral Water Treaties: A Historical-Geographic Perspective, 1648–1948, James L. Wescoat

Colorado Environmental Law Journal

---

No abstract provided.

---

Go to article

Introduction, Curtis A. Bradley Jan 1996

Introduction, Curtis A. Bradley

Colorado Environmental Law Journal

---

No abstract provided.

---

Go to article

Model Material Transfer Agreements For Equitable Biodiversity Prospecting, Daniel M. Putterman Jan 1996

Model Material Transfer Agreements For Equitable Biodiversity Prospecting, Daniel M. Putterman

Colorado Environmental Law Journal

---

No abstract provided.

---

Go to article