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Environmental Law Commons

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1997

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Institution
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Articles 211 - 240 of 346

Full-Text Articles in Environmental Law

The Current Effort In Congress To Amend The Surface Mining Control And Reclamation Act Of 1977 (Smcra), Robert E. Beck Jan 1997

The Current Effort In Congress To Amend The Surface Mining Control And Reclamation Act Of 1977 (Smcra), Robert E. Beck

Fordham Environmental Law Review

No abstract provided.


Ocean Aquaculture, Ronald J. Rychlak Jan 1997

Ocean Aquaculture, Ronald J. Rychlak

Fordham Environmental Law Review

No abstract provided.


Revolution (And Counter-Revolution) In Western Water Law: Reclaiming The Public Character Of Water Resources, Harrison C. Dunning Jan 1997

Revolution (And Counter-Revolution) In Western Water Law: Reclaiming The Public Character Of Water Resources, Harrison C. Dunning

Fordham Environmental Law Review

No abstract provided.


Turning Environmental Litigation On Its E.A.R.: The Effects Of Recent State Initiatives Encouraging Environmental Audits, Susan J. Spicer Jan 1997

Turning Environmental Litigation On Its E.A.R.: The Effects Of Recent State Initiatives Encouraging Environmental Audits, Susan J. Spicer

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Watershed Protection Strategies: A Case Study Of The New York City Watershed In Light Of The 1996 Amendments To The Safe Drinking Water Act, Jonathan Schneeweiss Jan 1997

Watershed Protection Strategies: A Case Study Of The New York City Watershed In Light Of The 1996 Amendments To The Safe Drinking Water Act, Jonathan Schneeweiss

Villanova Environmental Law Journal (1991 - )

No abstract provided.


The Land Recycling And Environmental Remediation Standards Act: Pennsylvania Tells Cercla Enough Is Enough, Thomas G. Kessler Jan 1997

The Land Recycling And Environmental Remediation Standards Act: Pennsylvania Tells Cercla Enough Is Enough, Thomas G. Kessler

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Leslie Salt Co. V. United States: Have Migratory Birds Carried The Commerce Clause Across The Borders Of Reason, Marni A. Gelb Jan 1997

Leslie Salt Co. V. United States: Have Migratory Birds Carried The Commerce Clause Across The Borders Of Reason, Marni A. Gelb

Villanova Environmental Law Journal (1991 - )

No abstract provided.


The Internet: A Critical Technology For The State Of Environmental Law, Jocelyn C. Adkins Jan 1997

The Internet: A Critical Technology For The State Of Environmental Law, Jocelyn C. Adkins

Villanova Environmental Law Journal (1991 - )

No abstract provided.


The Reauthorization Of Cercla Nrds: A Proposal For A Reformulated And Rational Federal Program, Patrick H. Zaepfel Jan 1997

The Reauthorization Of Cercla Nrds: A Proposal For A Reformulated And Rational Federal Program, Patrick H. Zaepfel

Villanova Environmental Law Journal (1991 - )

No abstract provided.


National Mining Association V. Epa: Industry Breathes A Sign Of Relief Over The Determination Of A Site's Potential To Emit Pollutants Under The Clean Air Act Amendments Of 1990, Robert T. Grolnick Jan 1997

National Mining Association V. Epa: Industry Breathes A Sign Of Relief Over The Determination Of A Site's Potential To Emit Pollutants Under The Clean Air Act Amendments Of 1990, Robert T. Grolnick

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Gopher Oil Co. V. Bunker: Did The Eighth Circuit Make The Ripe Decision Or Did It Dig Itself Into A Hole When Ruling On Cercla, David M. Cessante Jan 1997

Gopher Oil Co. V. Bunker: Did The Eighth Circuit Make The Ripe Decision Or Did It Dig Itself Into A Hole When Ruling On Cercla, David M. Cessante

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Cercla The Wagons, Our Attorney Just Switched Sides And Now Fights For Apache: Gte North, Inc. V. Apache Products Company, Christopher M. Jaarda Jan 1997

Cercla The Wagons, Our Attorney Just Switched Sides And Now Fights For Apache: Gte North, Inc. V. Apache Products Company, Christopher M. Jaarda

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Reflections On Environmental Rights As Third Generation Solidarity Rights, Ileana M. Porras Jan 1997

Reflections On Environmental Rights As Third Generation Solidarity Rights, Ileana M. Porras

University of Miami Inter-American Law Review

No abstract provided.


Attaining Systems For Sustainability Through Environmental Law, Nicholas A. Robinson Jan 1997

Attaining Systems For Sustainability Through Environmental Law, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

Five years have passed since the historic Earth Summit. Although significant progress has been made since Rio, much remains to be done. Poverty and environment degradation continue to affect the lives of millions of people in many parts of the world. Global warming, the loss of biological diversity, the spread of deserts, deforestation, the crisis in many of our cities remind us every day of the challenges which confront us. The unsustainable patterns of consumption and production continue to be the major cause of environmental degradation worldwide. This is therefore not an occasion for complacency or mindless celebration. It is, …


Reductionist Regulatory Reform, Lisa Heinzerling Jan 1997

Reductionist Regulatory Reform, Lisa Heinzerling

Fordham Environmental Law Review

No abstract provided.


Our National Parks: Assumptions, Metaphors And Policy Implications, Paul C. Pritchard Jan 1997

Our National Parks: Assumptions, Metaphors And Policy Implications, Paul C. Pritchard

Fordham Environmental Law Review

No abstract provided.


Preventing Pollution, Jurt A. Strasser Jan 1997

Preventing Pollution, Jurt A. Strasser

Fordham Environmental Law Review

No abstract provided.


Tracking The Adc: Ranchers' Boon, Taxpayers' Burden, Wildlife's Bane, David Hoch, Will Carrington Heath Jan 1997

Tracking The Adc: Ranchers' Boon, Taxpayers' Burden, Wildlife's Bane, David Hoch, Will Carrington Heath

Animal Law Review

Approximately thirty five million dollars are spent each year by the Animal Damage Control division of the US Department of Agriculture to destroy predator animals that supposedly kill livestock. The methods by which the ADC kills these "predators" are appalling. Mr. Hoch argues that the funding for this program is excessive, irresponsible, and raises serious ethical questions. He concludes that ADC activities should be terminated immediately.


Some Thoughts On Comanagement, Eric Smith Jan 1997

Some Thoughts On Comanagement, Eric Smith

UC Law Environmental Journal

No abstract provided.


The Spider Who Dreamed The World: A Meditation On Hierachy, Humility, And Biodiversity, Donald Snow Jan 1997

The Spider Who Dreamed The World: A Meditation On Hierachy, Humility, And Biodiversity, Donald Snow

UC Law Environmental Journal

No abstract provided.


Damage, Wendell Berry Jan 1997

Damage, Wendell Berry

UC Law Environmental Journal

No abstract provided.


Slamming Shut The Ark Doors: Congress's Attack On The Listing Process Of The Endangered Species Act, Jeffrey S. Kopf Jan 1997

Slamming Shut The Ark Doors: Congress's Attack On The Listing Process Of The Endangered Species Act, Jeffrey S. Kopf

Animal Law Review

The 104th Congress legislated a complete moratorium on the listing of species and critical habitat under the Endangered Species Act. Mr. Kopf explores the motivations behind the moratorium and shows how market forces may further weaken the ESA. This article questions whether the moratorium and its subsequent repeal signal a new era of environmental awareness or a return to industry's discreet manipulation of the legislative process.


Protecting The Environment: Finding The Balance Between Delaney And Free Play, Geoffrey C. Hazard Jr., Howard Kunreuther Jan 1997

Protecting The Environment: Finding The Balance Between Delaney And Free Play, Geoffrey C. Hazard Jr., Howard Kunreuther

Faculty Scholarship

No abstract provided.


Addressing Human Rights Abuses: Truth Commissions And The Value Of Amnesty, Naomi Roht-Arriaza, Peter A. Schey, Dinah L. Shelton Jan 1997

Addressing Human Rights Abuses: Truth Commissions And The Value Of Amnesty, Naomi Roht-Arriaza, Peter A. Schey, Dinah L. Shelton

Faculty Scholarship

No abstract provided.


Hiv And Aids Test Results And The Duty To Warn Third Parties: A Proposal For Uniform Guidelines For Texas Professionals Comment., Tammy R. Wavle Jan 1997

Hiv And Aids Test Results And The Duty To Warn Third Parties: A Proposal For Uniform Guidelines For Texas Professionals Comment., Tammy R. Wavle

St. Mary's Law Journal

Professionals in Texas are increasingly faced with the issues of if and when they must disclose infection of the Human Immunodeficiency Virus (HIV), and if they may be held liable for failing to disclose a known infection. These professionals must deal with conflicting guidance from the courts and legislature. The source of confusion is the conflict between the common-law duty to warn identifiable third parties of the dangers posed to them and the Texas statute governing confidentiality of test results for Acquired Immune Deficiency Syndrome (AIDS). The Communicable Disease Prevention and Control Act (CDPCA) mandates disclosure of positive test results …


A Tortured Construction: The Illegal Immigration Reform And Immigrant Responsibility Act's Express Bar Denying Criminal Aliens Withholding Of Deportation Defies The Principles Of International Law Comment., Bobbie Marie Guerra Jan 1997

A Tortured Construction: The Illegal Immigration Reform And Immigrant Responsibility Act's Express Bar Denying Criminal Aliens Withholding Of Deportation Defies The Principles Of International Law Comment., Bobbie Marie Guerra

St. Mary's Law Journal

The United States has never fully complied with international agreements concerning refugee’s rights to not be returned to a country where he or she faces certain threats of torture. This lack of compliance by the United States is exacerbated by two conflicting interests: the growing insistence on keeping aliens outside the nation’s borders and protecting international refugees who endure gross violations of their human rights. The recent amendments to the Immigration and Nationality Act (INA) provide a contemporary example of the volatility and inconsistency of the United States’ immigration policy. In April 1996, Congress enacted the Antiterrorism and Effective Death …


Distinguishing Fong Yue Ting: Why The Inclusion Of Perjury As An Aggravated Felony Subjecting Legal Aliens To Deportation Under The Antiterrorism And Effective Death Penalty Act Violates The Eighth Amendment Comment., Gregory L. Ryan Jan 1997

Distinguishing Fong Yue Ting: Why The Inclusion Of Perjury As An Aggravated Felony Subjecting Legal Aliens To Deportation Under The Antiterrorism And Effective Death Penalty Act Violates The Eighth Amendment Comment., Gregory L. Ryan

St. Mary's Law Journal

Responding to the terrorist bombing in Oklahoma City, Congress spent several months researching and discussing the best ways to strengthen the United States’ ability to deter and punish terrorism. In 1996, Congress sent a bill to the President designed to make the country safer, and President Clinton signed the bill into law: The Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA). The AEDPA mandates a foreign national convicted of perjury be deported. Tucked away in the middle of the AEDPA, strict sanctions are imposed on noncitizens who commit perjury or subordination of perjury. In an attempt to strengthen the …


So Long Sweetheart - State Farm Fire & (And) Casualty Co. V. Gandy Swings The Pendulum Further To The Right As The Latest In A Line Of Setbacks For Texas Plaintiffs., Timothy D. Howell Jan 1997

So Long Sweetheart - State Farm Fire & (And) Casualty Co. V. Gandy Swings The Pendulum Further To The Right As The Latest In A Line Of Setbacks For Texas Plaintiffs., Timothy D. Howell

St. Mary's Law Journal

Some legal commentators would analogize the description of the prisoner of The Pit and the Pendulum to modern tort law and policy. Like a pendulum, tort law is always in motion, swinging between two ideologies: those being the plaintiff-oriented rights of the 1970s-80s, and the tort-reforms which began in the mid-80s. This trend continued until the 1990s and the decision of State Farm Fire & Casualty Co. v. Gandy where Texas plaintiffs began experiencing setbacks. The Gandy decision likely curtails the use of the “sweetheart deal” a practice, in which an insured defendant first settles with the plaintiff, then assigns …


Anti-Immigrant Backlash And The Role Of The Judiciary: A Proposal For Heightened Review Of Federal Laws Affecting Immigrants Comment., Valerie L. Barth Jan 1997

Anti-Immigrant Backlash And The Role Of The Judiciary: A Proposal For Heightened Review Of Federal Laws Affecting Immigrants Comment., Valerie L. Barth

St. Mary's Law Journal

The hostile environment in the United States toward immigrants, as indicated by the Welfare Reform Act and Proposition 187, calls for a more meaningful judicial review of laws affecting immigrants. Although subjecting the federal government’s actions regarding immigrants to heightened review might seem to be a radical step, this Comment will explain why such a move is necessary. Part II discusses historical justifications for subjecting state and federal laws affecting immigrants to different levels of scrutiny under the Equal Protection Clause. Part III presents arguments for labeling immigrants a “suspect” class. Part IV considers the constitutionality of the Welfare Reform …


The Fourteenth Amendment And Title Ix: A Solution To Peer Sexual Harassment Comment., Connie C. Flores Jan 1997

The Fourteenth Amendment And Title Ix: A Solution To Peer Sexual Harassment Comment., Connie C. Flores

St. Mary's Law Journal

Despite the high occurrence of sexual harassment in schools, many school officials, who are aware of the abuse, do nothing to prevent it. Yet, some officials are beginning to recognize peer abuse is not acceptable due to the detrimental effects on students. As a result, many schools have implemented successful programs to prevent peer harassment. Furthermore, when schools have not responded adequately to the problem, student victims have turned to the courts, suing schools for failure to ensure an environment free from discrimination. Although victims have had little success in taking these cases to court, constitutional and statutory provisions exist …