Environmental Law Commons^™

Us Mining Corporation Sued In Federal Court By Indonesian Tribal Leader, Colorado Journal Of International Environmental Law And Policy

Colorado Environmental Law Journal

No abstract provided.

Wetlands, Sara Galley

Colorado Environmental Law Journal

No abstract provided.

Statutory Interpretation - Ninth Circuit Sets Forth Independent Function Of Cercla Against Other Federal And State Laws Regulating Hazardous Waste Disposal: Louisiana-Pacific Corp. V. Asarco, Inc., Karin M. Gunter

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Leo V. Kerr-Mcgee Chemical Corp.: Recongnizing A Need For Congressional Reform In Toxic Tort Actions, Shawn R. Farrell

Villanova Environmental Law Journal (1991 - )

No abstract provided.

The Flow Control Of Solid Waste And The Commerce Clause: Carbone And Its Progeny, John Turner

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Critically Acclaimed But Not Critically Followed - The Inapplicability Of The National Environmental Policy Act To Federal Agency Actions: Douglas County V. Babbitt, Melaney Payne

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Esa Gives A Hoot About The Owl: Forest Conservation Council V. Rosboro Lumber Co., Maryjo Wlazlo

Villanova Environmental Law Journal (1991 - )

No abstract provided.

The Presumption Of Innocence: Patching The Tattered Cloak After Maryland V. Craig., Ralph H. Kohlmann

St. Mary's Law Journal

Over one hundred years ago, the United States Supreme Court recognized the importance of the presumption of innocence in a criminal justice system which is based on due process. The Court declared the presumption of innocence is “the undoubted law, axiomatic, and elementary, and its enforcements lies at the foundation … of our criminal law.” The Court’s changing view of the Sixth Amendment’s Confrontation Clause is the most recent contribution to the reduction in the practical value of the presumption of innocence. In Maryland v. Craig, the Court decided that while face-to-face confrontation forms the core of values furthered in …

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

Faculty Publications

No abstract provided.

Malpractice And Environmental Law: Should Environmental Law "Specialists" Be Worried?, J.B. Ruhl

Vanderbilt Law School Faculty Publications

This article examines the field of environmental law as a potential minefield for malpractice claims given its complex and dynamic nature. The article outlines principles for malpractice law applied to environmental law, based on malpractice principles applied in the tax and patent fields.

Book Review, Lakshman D. Guruswamy

Publications

No abstract provided.

Tax Deduction Of Hazardous Waste Cleanup Costs: Harmonizing Federal Tax And Environmental Policies, Jeffrey M. Gaba

Faculty Journal Articles and Book Chapters

The issue of the deductibility of environmental cleanup costs involves the complex and painful intersection of tax and environmental law. The basic issue is whether environmental remediation costs may be immediately deducted as ordinary and necessary expenses or whether they must they be capitalized as improvements to land. A recent revenue ruling by the IRS, Rev. Rul. 94-38, addresses a relatively simple situation but basically leaves the most difficult issues unresolved.

This article discusses whether cleanup expenses may be immediately deducted when the payments were made by the current landowner and 1) the contamination was caused and cleaned up by …

Structures Of Environmental Criminal Enforcement, Michael E. Herz

Articles

No abstract provided.

The Habeas Corpus Revolution: A New Role For State Courts., Charles F. Baird

St. Mary's Law Journal

This Article’s purpose is to portray recent changes in the United States Supreme Court’s habeas corpus jurisprudence—limiting the scope of the federal writ while reducing the federal judiciary’s role overseeing the criminal justice systems. Seemingly, the Court gave little thought to whether this reduction in federal oversight should be accompanied by a greater measure of review on the part of state courts. The writ of habeas corpus, often referred to as the Great Writ, is the primary means of enforcing rights guaranteed under the United States Constitution and federal courts are the principal guardians of these rights. While commitment to …

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

University Avenue Undergraduate Journal of Economics

Some economic analyses find evidence of environmental injustice--minorities and/or low-income persons are exposed to environmental dangers (locally undesirable land uses, or LULUs) more than their non-minority or more affluent counterparts. Such inefficient allocations result from a violation of perfect property rights. This paper does not determine efficient levels of various environmental dangers, but rather examines and compares several studies in an effort to find a consensus among researchers. No consensus emerges, as differences in research techniques prevent consistent results from being found. Future research must have well-defined methodologies before it can be effectively used by policy makers.

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.

Comparative Risk Assessment In New York, Michael B. Gerrard, Deborah Goldberg

Faculty Scholarship

Comparative risk assessment (CRA) is the examination of the relative risks posed by different dangers, with a view to deciding which dangers deserve the most governmental attention. CRA frequently tries to reduce different problems to a common metric, usually the statistical lives saved by a program, so that apples can be weighed against oranges. This article will discuss and assess the growing use of CRA in New York State.

There are two principal arguments for the use of CRA in the environmental context. The first is that we do not have unlimited resources; we cannot move against all problems simultaneously. …

What Should Be The Leading Principles Of Land Use Planning? A German Perspective, Clifford Larsen

Vanderbilt Journal of Transnational Law

In this Article discussing German land use planning, the author begins by tracing the historical emergence of land use planning in Germany. The author then evaluates the influence of Germany's constitution on the fundamental principles of land use planning. The author reviews German land use planning's historical and constitutional foundations, then examines the goals guiding federal and state planning and the system constructed to achieve these goals. The author proceeds to analyze the challenges presented to German land use planning by reunification, the environment, and European interdependence. In conclusion, the author reviews the relative merits of German land use planning …

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

Animal Law Review

As Congress weighs the interests of landowners against the environment, the future of the Endangered Species Act may be in peril. Secretary Babbitt discusses the success of our environmental laws and urges recognition of the moral, ethical, and religious values underlying the Endangered Species Act. These values manifest themselves in a wolf's green eyes, a sacred blue mountain, the words from Genesis, and the answers of children. These considerations should lead us to the conclusion that we are responsible for the whole of creation.

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

Animal Law Review

Unscreened surface water diversions damage and kill young fish. The decline of anadromous fish stocks in the Columbia Basin puts a premium on protection of juvenile salmon. State laws require screens on surface water diversions, but compliance has been poor. The Endangered Species Act and the Northwest Power Act have motivated and funded a massive remedial screening effort since 1991. Effective screens, installed with ratepayer and taxpayer funds, have dramatically improved fish protection at diversions. However, many harmful diversions remain. This paper concludes that, although progress has been swift, full compliance in 1996 is problematic. Greater incentives and enforcement are …

Reconciling Polar Bear Protection Under United States Laws And The International Agreement For The Conservation Of Polar Bears, Donald C. Baur

Animal Law Review

Mr. Baur outlines the history of the international Polar Bear Agreement and the issues arising from its provisions. Mr. Baur points out inconsistencies between the international agreement and U.S. laws, such as the Marine Mammal Protection Act and the Coastal Zone Management Act, and offers suggestions to reconcile inconsistent provisions.

Environmental Law: The Clean Water Act--Understanding When A Concentrated Animal Feeding Operation Should Obtain An Npdes Permit, Jeff L. Todd

Oklahoma Law Review

No abstract provided.

The Supreme Court And The Endangered Species Act (Symposium: The Supreme Court And Local Government Law: 1994-95 Term), Leon D. Lazer

Scholarly Works

No abstract provided.

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

Annual Survey Of Virginia Law: Environmental Law, Henry R. Pollard V.

University of Richmond Law Review

Federal and Virginia courts and legislatures acted on a wide variety of environmental issues and topics in the June 1995 to June 1996 period. This article reviews the key environmental developments at the federal and state level from that period involving air, water, waste, Superfund, wetlands, and environmentally related constitutional, land use, and property tort law.

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

Scholarly Articles

This article presents an overview of the Proposed Guidelines and assesses their potential to improve both the existing sentencing scheme and, more importantly, the environmental behavior of corporate citizens. This analysis concludes that, while the Proposed Guidelines improve current haphazard sentencing practices, it is difficult to predict their efficacy in furthering environmental policy. The fundamental problem is that traditional criminal sanctions are not easily applied to non-traditional offenders committing non-traditional offenses. Rather than expressing optimism about the Proposed Guidelines, this paper suggests that the behavior of corporations could be modified more efficiently through non-criminal incentives coupled with increased criminal prosecution …

Book Review Of Toxic Debts And The Superfund Dilemma, Ronald H. Rosenberg

Faculty Publications

No abstract provided.

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

American Indian Law Review

No abstract provided.

Legal Issues Presented By A Pilot International Greenhouse Gas (Ghg) Trading System, Jonathan B. Wiener, Richard B. Stewart, Philippe Sands

Faculty Scholarship

No abstract provided.

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

Faculty Scholarship

Watershed management has become a popular approach to environmental problems in the Northwest. Federal, regional, state, local, and tribal watershed efforts are in progress throughout the region. The popularity of the watershed approach can be traced to ecological and political factors. Most watershed management activities, however, focus more on land use and riparian measures than on providing and protecting instreamflows. For both legal and political reasons, watershed efforts tend to avoid water rights issues. Such efforts tend not to be well connected with instream flow protection or water resource planning under state law. Unless they address the need for streamflows, …