Environmental Law Commons^™

Strict Criminal Liability For Environmental Violations: A Need For Judicial Restraint, Kepten D. Carmichael

Indiana Law Journal

No abstract provided.

Ecosystem Management And The Everglades: A Legal And Institutional Analysis, Thomas T. Ankersen, Richard Hamann

UF Law Faculty Publications

Three dominant themes can be distilled from ongoing efforts to identify a set of generic principles to guide the management philosophy known as ""ecosystem management."" These include: (1) the notion of boundaries, both geographical and institutional; (2) scientific uncertainty; and (3) governance. This article analyzes the manner in which the present legal and institutional framework for environmental management addresses these themes.

Part II identifies the problems inherent in defining the appropriate management unit for ecosystem management and in delineating the unit's boundaries in the face of inherently complex and unstable ecological factors. Part II also considers the more insidious institutional …

Major Sources Of Criteria Pollutants In Nonattainment Areas: Balancing The Goals Of Clean Air, Environmental Justice, And Industrial Development, Eileen Gauna

Faculty Scholarship

If an area is suffering from economic decay as well as unhealthy air, should new facilities -- and more pollution -- be allowed into the area anyway? If so, the result is that impoverished areas are afforded less environmental protection.This article addresses an important aspect of this dilemma: under what circumstances, if any, should a facility which will emit large amounts of air pollution be allowed to locate or expand operations in areas of existing poor air quality? Part II of this article provides a brief historical explanation of the Clean Air Act as it pertains to major stationary sources. …

An Alternative To Ready, Fire, Aim: A New Framework To Link Environmental Targets In Environmental Law, Michael P. Vandenbergh

Vanderbilt Law School Faculty Publications

This Article begins with a brief overview of the state of the environment and the lessons learned from the early development of the command and control system. It then explores recent reform proposals and the scholarship on the democratic impact of means-based approaches. The Article next examines the new model that is emerging in the Netherlands and other countries, and identifies the critical feature of the new model: the development of context for environmental decisionmaking at each of the three levels discussed above. The Article concludes by analyzing the implications of this Framework Approach for the environmental debate and for …

Cleaning Up Superfund, W. Kip Viscusi

Vanderbilt Law School Faculty Publications

The cleanup of hazardous wastes is the number one environmental concern of the American people. The government's response: the Environmental Protection Agency (EPA) launched its Superfund program, which was established by Congress in 1980 and reformed in 1986. But, though not even two decades old, the Superfund effort is now a major target of Congress in its regulatory reform efforts. There are two main sources of dissatisfaction: First, cleanups of hazardous wastes are expensive, averaging $25.7 million per site. Superfund expenditures increased from under $400 million in 1985 to over $1.4 billion in 1995 and continue to be above the …

Lmo's: Treasure Chest Or Pandora's Box, Michael S. Baram

Faculty Scholarship

Biotechnology is beginning to trans- A form agriculture across the globe. After thousands of years of traditional plant and animal breeding, and centuries of mechanization and chemical application, genetic research has opened a Pandora's box of living modified organisms (LMOs) designed to improve the productivity and efficiency of commercial agriculture. A multitude of transgenic crops and animals is now being introduced into commerce by biotechnology companies, and b nations are puzzling out how to appropriate the benefits and manage the risks.

American biotechnology companies and agencies are the leading proponents of using LMOs. They claim that two decades of costly …

Reform Of The Endangered Species Act: Overview Of Administrative Reforms [Congressional Hearing Material Submitted By Bruce E. Babbitt, Secretary, Department Of Interior], Dinah Bear

Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)

31 pages.

Essential Elements Of Amendments To The Endangered Species Act, John Harja

Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)

14 pages.

Endangered Species Act Reform Proposals: An Environmentalist’S Perspective, Wm. Robert Irvin

Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)

11 pages.

A Tribal Perspective On Esa Reform, Ted Strong

Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)

4 pages.

How The Regulated Community Views Regulation To Protect Living Resources: The Endangered Species Act, Biological Diversity, And Ecosystem Management, Steven P. Quarles

Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)

21 pages.

Contains footnotes.

Biodiversity Protection And Ecosystem Management: Aspirational Goals Or Law-To-Apply?, Oliver A. Houck

Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)

7 pages.

Contains references.

The Endangered Species: The Urban Water Utility Perspective, Chips Barry

Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)

24 pages.

Upper Colorado River Fish: A Recovery Program That Is Working – Myth Or Reality?, James S. Lochhead

Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)

24 pages (includes 1 map).

Contains 2 pages of references.

A Comparison: Lessons From The Columbia Basin And The Upper Colorado Basin Fish Recovery Efforts, Mary Christina Wood

Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)

47 pages.

Contains 5 pages of references.

The Esa, Water Rights, And Regulatory Takings, Barton H. Thompson, Jr.

Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)

28 pages.

Contains 2 pages of references.

The Endangered Species Act—Economic Impacts: The Perception And The Numbers, Jon A. Souder

Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)

13 pages (includes illustrations).

Contains 2 pages of references.

Water Rights, Contract Rights, And The Endangered Species Act, Brian E. Gray

Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)

12 pages.

Contains references.

The Endangered Species Act: Tramping On Tribal Rights?, Robert S. Pelcyger

Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)

32 pages.

Contains footnotes.

Habitat Based, Multi-Species Hcps: Lessons From The Northwest, James A. Kraft

Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)

9 pages.

Columbia River Salmon: Are Any Of The Esa Tools Adequate For The Job?, John M. Volkman

Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)

32 pages.

Contains footnotes.

The Enigma Of The Blind Salamander And Groundwater Pumping: Lessons From The Edwards Aquifer, Texas, Charles R. Shockey

Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)

39 pages (includes illustrations and maps).

Contains footnotes.

An Overview Of The Endangered Species Act, Michael J. Brennan

Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)

25 pages.

Landscape Scale Habitat Conservation Plans: The California Experience, Lindell L. Marsh

Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)

24 pages.

Contains 3 pages of references.

Lessons From Reintroduction: The Bear And The Wolf, Michael Roy

Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)

15 pages.

Contains 1 page of references.

The Endangered Species Act: Crystallizing Ecosystem Management, George T. Frampton Jr.

Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)

15 pages.

Waiting To Exhale Under The Esa: The Evolution Of Hcps And Section 4(D) Rules, Donald J. Barry

Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)

16 pages.

The Sonoran Desert Tortoise And The Mexican Spotted Owl: The High Road And The Slow Road To Conservation, Duane L. Shroufe

Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)

13 pages.

Agenda: Biodiversity Protection: Implementation And Reform Of The Endangered Species Act, University Of Colorado Boulder. Natural Resources Law Center

Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)

Conference organizers and/or faculty included University of Colorado School of Law professors Betsy Rieke, David H. Getches, Michael A. Gheleta and Charles F. Wilkinson.

All across the country--in Congress, in state legislatures and in urban and rural communities--people are discussing why we should or should not protect biodiversity and how best to do so. Since the Endangered Species Act is up for reauthorization, a variety of reform proposals are being debated. Speakers--including natural resource scholars, experts from the private and nonprofit sectors, and government officials--will examine the rationale for biodiversity protection, the legal framework of the Endangered Species Act, and …

The Scientific Underpinnings Of Biodiversity Protection, Jane Lubchenko

Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)

5 pages.