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Environmental Law Commons

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1998

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Articles 151 - 180 of 308

Full-Text Articles in Environmental Law

From Flav'r Sav'r To Environmental Saver? Biotechnology And The Future Of Agriculture, International Trade, And The Environment, Sara M. Dunn Jan 1998

From Flav'r Sav'r To Environmental Saver? Biotechnology And The Future Of Agriculture, International Trade, And The Environment, Sara M. Dunn

Colorado Environmental Law Journal

No abstract provided.


"Fuzzy Wuzzy Was A Bear"—Will American Black Bears Go The Way Of Their Asian Cousins?, David Dickson Jan 1998

"Fuzzy Wuzzy Was A Bear"—Will American Black Bears Go The Way Of Their Asian Cousins?, David Dickson

Colorado Environmental Law Journal

No abstract provided.


Climate Change Treaties – New Developments At The Buenos Aires Conference, Anita Margrethe Halvorssen Jan 1998

Climate Change Treaties – New Developments At The Buenos Aires Conference, Anita Margrethe Halvorssen

Colorado Environmental Law Journal

No abstract provided.


Indigenous Peoples And Environmental Policy In The Common Law Nation-States Of The Pacific Rim: Sovereignty, Survival, And Sustainability, Lloyd Burton Jan 1998

Indigenous Peoples And Environmental Policy In The Common Law Nation-States Of The Pacific Rim: Sovereignty, Survival, And Sustainability, Lloyd Burton

Colorado Environmental Law Journal

No abstract provided.


Permit Denied To Build Radioactive Waste Site In Sierra Blanca, Texas, Keri Yoder Jan 1998

Permit Denied To Build Radioactive Waste Site In Sierra Blanca, Texas, Keri Yoder

Colorado Environmental Law Journal

No abstract provided.


Opportunity In The Face Of Danger. The Pragmatic Development Of Habitat Conservation Plans, Donald J. Barry Jan 1998

Opportunity In The Face Of Danger. The Pragmatic Development Of Habitat Conservation Plans, Donald J. Barry

UC Law Environmental Journal

No abstract provided.


A Thousand Mile Walk To California, John Muir Jan 1998

A Thousand Mile Walk To California, John Muir

UC Law Environmental Journal

No abstract provided.


Codifying The Past, Erasing The Future: Nafta And The Zapatista Uprising Of 1994, Andy Gutierrez Jan 1998

Codifying The Past, Erasing The Future: Nafta And The Zapatista Uprising Of 1994, Andy Gutierrez

UC Law Environmental Journal

No abstract provided.


What Are People For, Wendell Berry Jan 1998

What Are People For, Wendell Berry

UC Law Environmental Journal

No abstract provided.


New Takings Doctrine, Lopez's Return To State Power, And Impacts On Environmental Protection: A Look At Isolated Wetlands Regulation, The, Julia A. Olson Jan 1998

New Takings Doctrine, Lopez's Return To State Power, And Impacts On Environmental Protection: A Look At Isolated Wetlands Regulation, The, Julia A. Olson

UC Law Environmental Journal

No abstract provided.


Preservationists Vs. Recreationists In Our National Parks, Nathan L. Scheg Jan 1998

Preservationists Vs. Recreationists In Our National Parks, Nathan L. Scheg

UC Law Environmental Journal

No abstract provided.


Autumn, Emily Dickinson Jan 1998

Autumn, Emily Dickinson

UC Law Environmental Journal

No abstract provided.


Environmental Rationality And Judicial Review: When Benefits Justify Costs Under The Safe Drinking Water Act Amendments Of 1996, David W. Schnare Jan 1998

Environmental Rationality And Judicial Review: When Benefits Justify Costs Under The Safe Drinking Water Act Amendments Of 1996, David W. Schnare

UC Law Environmental Journal

No abstract provided.


Environmental Takings And The California Public Utilities Commission--The Covalt Decision, Paul Lacourciere Jan 1998

Environmental Takings And The California Public Utilities Commission--The Covalt Decision, Paul Lacourciere

UC Law Environmental Journal

No abstract provided.


Maintaining The Status Quo: Protecting Established Water Uses In The Pacific Northwest, Despite The Rules Of Prior Appropriation, Reed D. Benson Jan 1998

Maintaining The Status Quo: Protecting Established Water Uses In The Pacific Northwest, Despite The Rules Of Prior Appropriation, Reed D. Benson

Faculty Scholarship

Water law in the Northwest states has long been based on the well-established rules of the Prior Appropriation Doctrine. In recent years, however, the four Northwest states often have not applied these rules against existing water users. State legislatures, courts, and water resource agencies have routinely changed the rules, or refused to implement them, if doing so might curtail current uses. This Article examines the ways in which the Northwest states have maintained the water use status quo despite the traditional rules. The Article then evaluates the economic and environmental implications of state efforts to protect existing water uses, and …


The Environmental Justice Misfit: Public Participation And The Paradigm Paradox, Eileen Gauna Jan 1998

The Environmental Justice Misfit: Public Participation And The Paradigm Paradox, Eileen Gauna

Faculty Scholarship

This Article argues that current administrative processes fail to effectively incorporate an important form of public participation in decision-making -- the participation by communities bearing the greatest environmental risks. This Article advocates an "environmental justice style" public participation model as a more promising approach because it calls for a recasting of the role of community participation in environmental decision-making -- a recasting which transcends traditional, modern, and proposed decision-making paradigms.Part II of this Article provides a brief history of the environmental justice movement. Part III addresses the role of the public under three models of administrative policy and decision-making: the …


Is State Trust Land Timber Management Better Than Federal Timber Management--A Best Case Analysis, Jon A. Souder, Sally K. Fairfax, Teresa A. Rice, Lawrence J. Macdonnell Jan 1998

Is State Trust Land Timber Management Better Than Federal Timber Management--A Best Case Analysis, Jon A. Souder, Sally K. Fairfax, Teresa A. Rice, Lawrence J. Macdonnell

UC Law Environmental Journal

No abstract provided.


Chevron Doctrine In Federal Indian Law And The Agencies' Duty To Interpret Legislation In Favor Of Indians: Did The Epa Reconcile The Two In Interpreting The Tribes As States Section Of The Clean Water Act?, Alex Tallchief Skibine Jan 1998

Chevron Doctrine In Federal Indian Law And The Agencies' Duty To Interpret Legislation In Favor Of Indians: Did The Epa Reconcile The Two In Interpreting The Tribes As States Section Of The Clean Water Act?, Alex Tallchief Skibine

St. Thomas Law Review

Part II of the Article discusses whether there is an ambiguity in the CWA, and if so, whether the EPA should be given Chevron deference in its interpretation of the Act. After concluding that there is an ambiguity in the statute and that Chevron is applicable, this Article discusses what role, in the Chevron inquiry, should be played by the rule of statutory construction mandating that federal statutes enacted for the benefit of Indians be construed liberally with ambiguities resolved in their favor. This rule will be referred to as the Indian liberal construction rule. This Article takes the position …


In Re Reading Co.: Cutting Off Environmental Claims That Never Existed During Bankruptcy, David W. Marston Jr. Jan 1998

In Re Reading Co.: Cutting Off Environmental Claims That Never Existed During Bankruptcy, David W. Marston Jr.

Villanova Law Review (1956 - )

No abstract provided.


Shocking Revelations At Hydro-Quebec: The Environmental And Legal Consequences Of The Quebec-New York Power Line, Ian Mark Paregol Jan 1998

Shocking Revelations At Hydro-Quebec: The Environmental And Legal Consequences Of The Quebec-New York Power Line, Ian Mark Paregol

Penn State International Law Review (1982 - 2011)

When parties contract to build the world's largest hydroelectric project, upon whom should the burden fall to mitigate the costs to the environment resulting from the lack of foresight and research into the effects of the projects? In the recent past, society's view has been too myopic to comprehend the importance of the environment to all of humanity in sustaining life. Accordingly, people must participate in the decision-making process of national and international corporations in order to police environmentally deleterious activities.


The Threat Of Oil Pollution In The Malacca Strait: Arguing For A Broad Interpretation Of The United Nations Convention On The Law Of The Sea, Craig J. Capon Jan 1998

The Threat Of Oil Pollution In The Malacca Strait: Arguing For A Broad Interpretation Of The United Nations Convention On The Law Of The Sea, Craig J. Capon

Washington International Law Journal

The threat of oil pollution in the world's busiest waterway, the Malacca Strait, and the legal complications that surround it continues to be a controversial issue despite international law reforms. Recent accidents have demonstrated that current measures to prevent pollution are inadequate and that traditional methods of enforcement are ineffective. Unfortunately, there is a tension between international law of the sea provisions governing pollution control in the Malacca Strait, and the desires of bordering coastal States to regulate vessels trafficking the Strait so that accident risk is minimized. Moreover, there is tension between UNCLOS provisions prohibiting the assessment of fees …


The Seesaw Of Environmental Power From Epa To The States: National Environmental Performace Plans, Joyce M. Martin, Kristina Kern Jan 1998

The Seesaw Of Environmental Power From Epa To The States: National Environmental Performace Plans, Joyce M. Martin, Kristina Kern

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Please, Sir, I Want Some More - Can Epa Continue To Feed The Superfund Orphan Share, Rachel M. White Jan 1998

Please, Sir, I Want Some More - Can Epa Continue To Feed The Superfund Orphan Share, Rachel M. White

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Without A Clue And Still Without A Master Plan: Municipalities Left Uncertain How To Manage Waste Disposal Crisis In Wake Of Third Circuit Decision In Harvey & (And) Harvey, Inc. V. County Of Chester, Erik T. Koons Jan 1998

Without A Clue And Still Without A Master Plan: Municipalities Left Uncertain How To Manage Waste Disposal Crisis In Wake Of Third Circuit Decision In Harvey & (And) Harvey, Inc. V. County Of Chester, Erik T. Koons

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Environmental Rights Statutes In The United States And Canada: Comparing The Michigan And Ontario Experiences, Joseph F. Castrilli Jan 1998

Environmental Rights Statutes In The United States And Canada: Comparing The Michigan And Ontario Experiences, Joseph F. Castrilli

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Acorn V. Edwards: Did The Fifth Circuit Squirrel Away States' Tenth Amendment Rights At The Cost Of National Environmental Welfare, Kimberly C. Galligan Jan 1998

Acorn V. Edwards: Did The Fifth Circuit Squirrel Away States' Tenth Amendment Rights At The Cost Of National Environmental Welfare, Kimberly C. Galligan

Villanova Environmental Law Journal (1991 - )

No abstract provided.


United States V. Eidson: Navigating The Way Toward Stiffer Penalties For Environmental Crimes, Kerri Ann Riley Jan 1998

United States V. Eidson: Navigating The Way Toward Stiffer Penalties For Environmental Crimes, Kerri Ann Riley

Villanova Environmental Law Journal (1991 - )

No abstract provided.


The 'Ascent Of Man': Legal Systems And The Discovery Of An Environmental Ethic, Nicholas A. Robinson Jan 1998

The 'Ascent Of Man': Legal Systems And The Discovery Of An Environmental Ethic, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

A decade ago, firefighters in a warehouse on the Rhine in Switzerland washed chemicals, solvents, and mercury into the river, destroying all life in the river for miles, killing millions of fish, and endangering the water supplies of cities in Germany and the Netherlands. This tragedy galvanized the river valley states into action. They vowed to clean up the river, not just from that incident but from the effects of having used the river as a sewer for two centuries. But how clean is clean? The goal for this calculated plan, which will take decades to achieve, is symbolized by …


Comparative Environmental Law Perspectives On Legal Regimes For Sustainable Development, Nicholas A. Robinson Jan 1998

Comparative Environmental Law Perspectives On Legal Regimes For Sustainable Development, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

As the world's largest summit meeting ended in Rio de Janeiro in 1992, the heads of state and their representatives assembled at the United Nations Conference on Environment and Development (UNCED), commonly referred to as Agenda 21. They embraced Agenda 21 as “a dynamic programme” which can “evolve over time in the light of changing needs and circumstances,” and as a process making “the beginning of a new global partnership for sustainable development.” Agenda 21 is premised on two factual perspectives. First, the documentation of trends in the deterioration of the environmental conditions in many parts of the world is …


Reducing Nitrogen Pollution On Long Island Sound: Is There A Place For Pollutant Trading?, Ann Powers Jan 1998

Reducing Nitrogen Pollution On Long Island Sound: Is There A Place For Pollutant Trading?, Ann Powers

Elisabeth Haub School of Law Faculty Publications

The purpose of this article is to examine the legal adequacy of proposals now under consideration for a nitrogen trading program on Long Island Sound, and to assess the likelihood of success in light of the experience with other trading programs, both for water and air pollution. Part I outlines the current environmental condition of Long Island Sound and explains the factors which have led proponents of trading to believe such a program could be effective. In Part II we consider the essential elements of a trading program, and the lessons to be learned from the Clean Air Act programs. …