Environmental Law Commons^™

Developing Countries, Regional Organizations, And The Iso 14001 Environmental Management Standard, Naomi Roht-Arriaza

Faculty Scholarship

No abstract provided.

Developing A National Coastal Zone Management Program For Venezuela, Marisol Salazar

LLM Theses and Essays

The primary focus of this study is to develop a National Coastal Zone Management Program for Venezuela, a moderate, comprehensive, and an effective long-term program which allows the development and protection of the Venezuelan Coastal Zone now and in the future. This program must comply with the actual Venezuelan environmental laws and its administrative mechanisms. Also, it must help to control ecological, economic, commercial, social, and human pressures on the Venezuelan coastal area. The design of this project will be based on an analysis of the extensive experience of the U.S.A. coastal states under the Coastal Zone Management Act (CZMA); …

International Human Rights Law In United States Courts: Professor Riesenfeld's Contributions, Naomi Roht-Arriaza

Faculty Scholarship

No abstract provided.

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

Kentucky Law Journal

No abstract provided.

Municipal Powers Under Seqra, Michael B. Gerrard

Faculty Scholarship

The State Environmental Quality Review Act (SEQRA) confers considerable powers on New York State municipalities. In fact, most municipalities are probably unaware of the full scope of authority they are given by this statute.

Environmental Inequity: Economic Causes, Economic Solutions, Thom Lambert, Christopher Boerner

Faculty Publications

The article examines one such shortcoming: namely, that existing research fails to account for the dynamic nature of the housing market. Analyzing data from the St. Louis metropolitan area, this study finds that economic factors--not siting discrimination--are behind many claims of environmental racism. This phenomenon suggests the need to develop public policies that fit the economic nature of the problem. In particular, a policy that compensates individuals living near industrial sites is the key to securing environmental justice.

Bennett V. Spear: A New Interpretation Of The Citizen-Suit Provision, Lynwood P. Evans

Campbell Law Review

This Note examines the effect the Supreme Court's decision in Bennett v. Spear will have when the analysis used is applied to other environmental acts that include citizen-suit provisions. In particular, this Note will address how this decision might affect the protection of wetlands under the Clean Water Act. First, this Note will provide a review of the decision in Bennett v. Spear. Second, this Note will discuss the significance of wetlands and the Clean Water Act. Next, this Note will explain the history of the citizen-suit provision that is a part of so many environmental acts. This Note …

Introduction, Leo M. Romero

Natural Resources Journal

No abstract provided.

Mexico's El Cuchillo Dam Project, Raúl M. Sánchez

University of Miami Inter-American Law Review

No abstract provided.

Chance V. Bp Chemical, Inc.: Changing Ohio's Perception Of Stigma Damages , Heidi B. Eisman

Cleveland State Law Review

An increased public awareness of environmental hazards has filled the courts with plaintiffs seeking damages for the potential harm a contaminant may cause. Typically, the principle of damages is a simple one, requiring only that some type of harm or injury has occurred. When no such injury has occurred, plaintiffs still pursue claims under the theory of “stigma damages.” However, the majority of courts have held that stigma damages alone cannot be recovered, and instead, actual physical impact is required before a court will award damages. Ohio courts had previously reached conflicting conclusions on the issue of stigma damages. Recently …

Don't Ride Buses In Honduras, David R. Barnhizer

Law Faculty Articles and Essays

The first indication my trip to Honduras might be eventful came when our airplane divebombed the mountain-top runway in a landing that left the passengers looking at each other with relief. We stumbled from the American Airlines flights to the customs windows. That was just the beginning of a fascinating week.

Accounting For Sustainable Development, Daniel H. Cole

Articles by Maurer Faculty

No abstract provided.

The Problem Of Statutory Detail In National Park Establishment Legislation And Its Relationship To Pollution Control Law, Robert L. Fischman

Articles by Maurer Faculty

No abstract provided.

Still Dirty After Twenty-Five Years: Water Quality Standard Enforcement And The Availability Of Citizen Suits, Michael P. Healy

Law Faculty Scholarly Articles

When Congress enacted the Federal Water Pollution Control Act, commonly known as the Clean Water Act, it established a pollution control regime that imposed a baseline level of technology-based pollution control, and was designed to ensure that water quality would not fall below certain standards. Twenty-five years after the enactment of the Clean Water Act, success may be claimed with regard to technology-based controls. Achieving water quality standard (WQS) compliance has proved much more difficult. Indeed, evaluated from a variety of perspectives, the enforcement of the water quality-based system of pollution control must be viewed as a failure.

In light …

Front Matter

Penn State Environmental Law Review (1991 - 2011)

No abstract provided.

Nuclear Waste: The Most Compelling Environmental Issue Facing The World Today, Patsy T. Mink

Fordham Environmental Law Review

No abstract provided.

Book Review Of Environment And The Law: A Dictionary, James S. Heller

Library Staff Publications

No abstract provided.

Effective Environmental Enforcement: The Missing Link To Achieving Sustainable Development, Linda Francis Duncan

LLM Theses

In response to the emergence of sustainable development as the dominant environmental and economic paradigm, a number of mechanisms have been developed to assist in the implementation of these principles. Examples of these "super" instruments abound--market measures, eco-covenants, joint implementation and voluntary compliance. Appreciably less enthusiasm has been dedicated to capacity building for other more traditional tools prescribed by international laws. Counted among the disregarded tools is the widely maligned and misunderstood role of enforcement. This thesis argues that the potential for effecting innovative reforms may be significantly threatened by an underlying misunderstanding and failed appreciation of the critical role …

Franklin S. Spears: A Proud Legacy To Texas Jurisprudence In Memoriam., James L. Branton

St. Mary's Law Journal

Abstract Forthcoming.

Professional Responsibility And The Litigator: A Comprehensive Guide To Texas Disciplinary Rules 3.01 Through 4.04., Barbara Hanson Nellermoe, Fidel Rodriguez Jr.

St. Mary's Law Journal

In 1991, the Texas Supreme Court addressed the issue of widespread discovery abuse. Technological advancements have brought new challenges to an attorney’s conduct in litigation and in the discovery process. The Texas Code of Professional Responsibility was repealed in 1990 and was replaced by Article 10, § 9 of the State Bar Rules (the Texas Disciplinary Rules of Professional Conduct). The Order of Adoption of the Texas Lawyer’ Creed states “the conduct of a lawyer should be characterized at all time by honest, candor, and fairness.” It is therefore mandatory for attorneys to refrain from engaging in conduct involving dishonesty, …

The U.S. Attorney: Fateful Powers Limited Essay., Tom Rickhoff

St. Mary's Law Journal

Nothing more separates the United States from some of history’s most ruthless and resourceful enemies, the Mexican drug syndicates, than an intermittent trickle of water. In spite of this crisis, the U.S. Attorney’s Office has languished without a presidentially-appointed leader since the Branch Davidian nightmare. Considering the historical influence of the U.S. Attorney’s office, the current situation in the Western District of Texas is somewhat surprising. At one time, U.S. Attorneys exercised almost total discretion as to how the federal government impacted the lives of the powerful as well as the powerless. One of the primary obstacles in restoring effective …

Of Ivory Columns And Glass Ceilings: The Impact Of The Supreme Court Of The United States On The Practice Of Women Attorneys In Law Firms Comment., Nancy L. Farrer

St. Mary's Law Journal

This Commentary examines the effect United States Supreme Court decisions on sex discrimination in the legal profession. Discrimination against women currently appears to be alive and well in the legal field. Decisions like Bradwell v. Illinois and In re Lockwood frustrated women attorneys for over a century, allowing states to determine women were unfit for occupations in areas like law. Hishon v. King & Spalding, and later, Price Waterhouse v. Hopkins, applied Title VII protections to evaluations of potential law firm partners—a process previously closed and unassailable for most of the history of the legal profession. More recently, Harris v. …

The Antiterrorism Act, The Immigration Reform Act, And Ideological Regulation In The Immigration Laws: Important Lessons For Citizens And Noncitizens., Kevin R. Johnson

St. Mary's Law Journal

This Article analyzes how the Antiterrorism Act and the Immigration Reform Act reflect a larger historical dynamic in the relationship between domestic subordination and immigration law. The U.S. government historically employed immigration laws in an effort to protect the established political and social order. History reveals a strong correlation between the severe treatment politically subversive U.S. citizens received and the constriction of the immigration laws. This Article argues the lack of constitutional protections for noncitizens helps to explain the recurrent backlash against them. The treatment of noncitizens suggests how far the government might go to suppress domestic political dissent by …

Title Iii Of The Violence Against Women Act: The Answer To Domestic Violence Or A Constitutional Time-Bomb Comment., Yvette J. Mabbun

St. Mary's Law Journal

The Violence Against Women Act (VAWA) was enacted in 1994 to combat the growing and widespread epidemic of domestic violence. Congressional committees assigned to study this epidemic found that violent attacks by men topped the list of dangers to an American woman’s health. In an attempt to raise society’s awareness of the problem of violence against women and to ameliorate the victimization of women, Congress enacted VAWA. Specifically, Title III of VAWA establishes a federal civil right for victims of violent, gender-motivated crimes. These provide victims with either injunctive or monetary compensation. Consequently, there have been questions about the constitutionality …

Are Tuna And Dolphins The Same? A Rule Of Reason Approach To Resolve The Trade And Environment Conflict, Anantha K. Paruthipattu

LLM Theses and Essays

Trade and environment are both primary values in an ecologically and economically interdependent world; unleashing trade without regard to environmental impact is as detrimental as guarding the environment at the expense of trade and development. Tuna and dolphins have come to symbolize the policy struggle between trade and environment. In early 1990, the United States banned the import of tuna from Mexico and other countries that were fishing in a manner that damaged dolphins in the Eastern Tropical Pacific Ocean. Mexico challenged this ban before a GATT Panel, which ruled against the United States and held that the tuna ban …

Colorado River Governance: Sharing Federal Authority As An Incentive To Create A New Institution, David H. Getches

Publications

No abstract provided.

The National Forest Management Act: The Twenty Years Behind, The Twenty Years Ahead, Charles F. Wilkinson

Publications

No abstract provided.

Introduction: How Can Property Be Political?, Zev Trachtenberg

Oklahoma Law Review

No abstract provided.

Changing Landscapes And Evolving Law: Lessons From Mono Lake On Takings And The Public Trust, Andrew H. Sawyer

Oklahoma Law Review

No abstract provided.

The Politics Of Property Rights, John D. Echeverria

Oklahoma Law Review

No abstract provided.