Environmental Law Commons^™

Short Changing Short-Term Risk: A Study Of Superfund Remedy Selection, John S. Applegate, Steven M. Wesloh

Articles by Maurer Faculty

Unlike most environmental statutes, CERCLA requires a lengthy period of labor-intensive activity to achieve its clean-up goals. This aspect of the Superfund program does not receive sufficient attention in policy and legal analyses of CERCLA, nor during site-specific remedy selection decision-making. The risks of the remediation period-to workers, to site neighbors, and to the natural environment-are substantial, as this Article illustrates. However, the confusing and sometimes dismissive treatment of remediation risk in the EPA 's detailed guidance for Superfund decision-makers invites the neglect of the short-term effectiveness criterion in the remedy selection process. A study of remedy selection documents in …

Risk Assessment, Redevelopment, And Environmental Justice: Evaluating The Brownfields Bargain, John S. Applegate

Articles by Maurer Faculty

No abstract provided.

The Goals Of Environmental Enforcement And The Range Of Enforcement Methods In Israel And In The United States, Marcia R. Gelpe

Faculty Scholarship

The article examines enforcement of the environmental laws of Israel and of the United States. It concentrates on provisions for enforcement of the laws by government authorities--that is, either by administrative authorities or by the courts at the request of an administrative authority. Environmental laws in many jurisdictions may also be enforced by private actions. These private enforcement actions are not addressed specifically in this article, although much of what is said is also applicable to such actions.

Remarks Of The Secretary Of Natural Resources At Environmental Virginia '98, April 2, 1998, John Paul Woodley Jr.

Richmond Public Interest Law Review

As Attorney General, Jim Gilmore delivered on his commitment to foster a strong and healthy environment through responsible stewardship of our natural resources. Today, I reaffirm Governor Gilmore's commitment. I want to focus our particular attention on the Governor's number one environmental priority - improving the quality of our Commonwealth's great waters.

Natural Resources And The Ninth Circuit Split, Carl W. Tobias

Law Faculty Publications

Congress recently considered some proposals to split the Ninth Circuit, proposals that could have far-reaching effects on the environment, public lands, and natural resources. This Article first looks at some of the recent developments in Congress, particularly the authorization of a national study commission to examine the federal appeals courts. Professor Tobias predicts that the Ninth Circuit will be split during the next decade. He cautions against using political considerations to conduct legislative policymaking with respect to thefederal courts. He suggests that those concerned about the environment gather reliable information and explore alternatives to circuit-splitting. If Congress decides to bifurcate …

From Rio To Kyoto: A Study Of The Involvement Of Non-Governmental Organizations In The Negotiations On Climate Change, Chiara Giorgetti

Law Faculty Publications

This Article analyzes the influence of non-governmental actors on the negotiations of the Framework Convention on Climate Change (FCCC or the Convention). In particular, it evaluates the methods employed by NGOs in furthering their substantive agendas, the interaction among various non-governmental actors, and the results of their efforts. This Article considers two kinds of NGOs: business and environmental. Environmental NGOs (ENGOs) are the self-defined representatives of environmental interests. They campaign for the strict reduction of all gases that induce climate change. On the other side, business NGOs (BNGOs) typically represent the interests of those industries that are involved in the …

Taking Superfund Presumptive Remedies To The Brownfields Arena, Debra Schneider

Richmond Journal of Law and the Public Interest

Problems of Time and Cost in Site Investigation and Cleanup One of the main problems with CERCLA and brownfields cleanups is the time which such cleanups take to complete. The process of investigating a site through the CERCLA Remedial Investigation/Feasibility Study (RI/FS) process can take several years. The RI/FS process is long, and in the meantime the contamination is often left lurking at the site, harming the environment and human health.

England's Contaminated Land Act Of 1995: Perspectives On America's Approach To Hazardous Substance Cleanups And Evolving Principles Of International Law, Michael P. Healy

Law Faculty Scholarly Articles

An important contemporary problem in environmental regulation concerns the cleanup of property that is an unfortunate legacy of the modem industrial age—acres of land affected by past inadequate disposals of toxic substances. The United States began to address this problem in 1980 with the enactment of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). CERCLA establishes both a liability regime for assigning the costs of cleaning up lands contaminated by the release of hazardous substances and regulatory requirements defining how those cleanups are to be pursued. In 1995, England enacted the Contaminated Land Act (alternatively referred to as the …

Unreason In Action: A Case Study In The Wrong Approach To Construing The Liability Insurance Pollution Exclusion, Jeffrey W. Stempel

Scholarly Works

For more than twenty-five years, a significant component of the scholarly commentary on insurance law has focused on the so-called “reasonable expectations doctrine” enunciated by then-Professor (now Judge) Robert Keeton in his justly celebrated 1970 article. The reasonable expectations principle made a seemingly sudden emergence with the appearance of Keeton's article and has held particular attraction to academics while simultaneously prompting resistance from elements of the bench and bar, and particularly from the insurance industry. The doctrine's life to date can be described as one of early growth followed by subsequent retreat and dilution, with continuing controversy.

However, despite the …

Reason And Pollution: Construing The "Absolute" Pollution Exclusion In Context And In Light Of Its Purpose And Party Expectations, Jeffrey W. Stempel

Scholarly Works

Responding to the flurry of environmental coverage litigation over the application of the “sudden and accidental” pollution exclusion, the insurance industry during the mid-1980s largely adopted new standard pollution exclusion language for commercial general liability (CGL) policies. Since the mid-1980s, the standard form CGL has included the so-called absolute pollution exclusion, which provides that the insurance does not apply to bodily injury or property damage “arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release, or escape of pollutants.” A “pollutant” is defined as “any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, …

Recent Case Developments, Jeffrey W. Stempel

Scholarly Works

Recent case developments in Insurance Law in years 1998 and 1999.

Recent Case Developments, Jeffrey W. Stempel

Scholarly Works

Recent case developments in Insurance law in the year 1998.

Book Review, Global Environmental Change And International Governance (Oran R. Young Et Al. Eds., 1996), Mark A. Drumbl

Scholarly Articles

In sum, this collection of essays offers a thorough exploration of state-based, single-issue environmental agreements. As such agreements presently comprise the overwhelming majority of our attempts to regulate transnational environmental problems, this volume provides a comprehensive treatment of the subject. A follow-up volume might wish to analyze more fully the role of private actors and macro-linkages as potential complements to traditional agreements. Such departures from state-based analysis could lead to a more challenging rethinking of international governance theory.

Taking Superfund Presumptive Remedies To The Brownfields Arena, Debra Schneider

Richmond Public Interest Law Review

One of the main problems with CERCLA and brownfields cleanups is the time which such cleanups take to complete. The process of investigating a site through the CERCLA Remedial Investigation/Feasibility Study (RI/FS) process can take several years. The RI/FS process is long, and in the meantime the contamination is often left lurking at the site, harming the environment and human health.

Law On Pollution And Debris From Oil And Gas Drilling And Production Operations Offshore Nova Scotia, Boris B. De Jonge

LLM Theses

This thesis examines international and domestic law relating to pollution from offshore oil and gas operations in the Nova Scotia offshore area. The domestic regulatory regime is not integrated, but is contained in various acts. The three main acts deal respectively with ships, including mobile offshore drilling and production units (the 'Canada Shipping Act'); fisheries protection (the 'Fisheries Act'); and the industrial aspects of offshore oil and gas operations (the federal 'Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act'; there is a corresponding provincial act which is essentially identical). These acts are administered by separate regulatory agencies. This results in …

What A Wonderful World: Multilateral Chemical Management Conventions, Liberalisation Policies And The Chemical Industry, Robin Lynne Cowling

LLM Theses

This thesis begins with an examination of the context of risk in which multilateral environmental agreements (MEAs) are being drafted and implemented. Through a discussion of the relationship between the characteristics of multinational corporations and the phenomenon of globalisation, the impetus behind globalisation practices is revealed. This is then contextualised with an examination of the contribution of the chemical industry toward the parallel globalisations of production and environmental harm. A discussion of trade and investment liberalisation instruments is then undertaken to illustrate the current hierarchy between these instruments and MEAs. This analysis reveals the present incompatibility of these instruments and …

Demystifying The Extraordinary Writ: Substantive And Procedural Requirements For The Issuance Of Mandamus., Charles W. Rocky Rhodes

St. Mary's Law Journal

In Walker v. Packer, the Texas Supreme Court attempted to harmonize Texas jurisprudence regarding the standards for issuing a writ of mandamus. The Walker court initially reiterated the maxim that mandamus will issue “only to correct a clear abuse of discretion or the violation of a duty imposed by law when there is no other adequate remedy by law.” The Court defined “clear abuse of discretion” as “a decision so arbitrary and unreasonable as to amount to a clear and prejudicial error of law.” The Court subsequently reaffirmed the “fundamental tenant” of mandamus practice stating the extraordinary writ is not …

Capital Punishment In Jewish Law And Its Application To The American Legal System: A Conceptual Overview Symposium: Thoughts On Death Penalty Issues 25 Years After Furman V. Georgia., Samuel J. Levine

St. Mary's Law Journal

In recent years, a growing body of scholarship has developed in the United States which applies concepts in Jewish law to unsettled, controversial and challenging areas of American legal thought. One area of Jewish legal thought that has found prominence in both American court opinions and American legal scholarship concerns the approach taken by Jewish law to capital punishment. In this Essay, Levine discusses the issue of the death penalty in Jewish law as it relates to the question of the death penalty in American law, a discussion that requires the rejection of simplistic conclusions and the confrontation of the …

Victims' Rights And The Constitution: Moving From Guaranteeing Participatory Rights To Benefiting The Prosecution Symposium: Thoughts On Death Penalty Issues 25 Years After Furman V. Georgia., Robert P. Mosteller

St. Mary's Law Journal

Supporters of victims’ rights can be broadly grouped into three categories according to their basic goals. One category seeks to guarantee participatory rights in a governmental process (“Participatory Rights”). A second category of support for the victims’ rights amendment comes from those who are animated by a pro-prosecution, anti-defendant perspective on criminal law and procedure (“Prosecutorial Benefit”). The third group supporting victims’ rights is comprised of those who demand greater protection and support for victims by the government (“Victim Protection and Aid”). The first serious attempt to amend the United States Constitution on behalf of crime victims happened in 1982. …

Clouded Judgment: The Implications Of Smith V. Merritt In The Realm Of Social Host Liability And Underage Drinking In Texas Perspective., Sabrina A. Hall

St. Mary's Law Journal

This Perspective evaluates the contradiction created by the Texas Supreme Court in Smith v. Merritt as well as its implications on social host liability in Texas. Smith creates serious ramifications regarding alcohol consumption and liability. In Smith, the Court held a social host is not liable for providing alcohol to a guest over the age of eighteen, regardless of whether the guest is under the minimum drinking age. Specifically, this Perspective critically analyzes the court’s holding, focusing on the inequities produced by permitting a social host to provide alcohol to individuals between the ages of eighteen and twenty-one without being …

Texas Groundwater: Reconciling The Rule Of Capture With Environmental And Community Demands Comment., Stephanie E. Hayes Lusk

St. Mary's Law Journal

In order to avert the depletion of water resources, many states have attempted to enact legislation aimed at promoting water conservation. Such legislation has been known to conflict with outdated principles of property ownership, namely the rule of capture. The rule of capture vests landowners with property rights in water located directly beneath their land. Texas categorizes water based on whether the water flows above or below the surface. Surface water is typically the property of the state, with property owners having no possessory interest in the surface water. Yet, the opposite is true for groundwater, where all rights to …

Unreasonable Risk: Model Rule 1.6, Environmental Hazards, And Positive Law, Irma S. Russell

Washington and Lee Law Review

No abstract provided.

Environmental Audits: An Analysis Of The Dilemma And An Assessment Of Oklahoma's Response, Patrick Decker Sachse

Oklahoma Law Review

No abstract provided.

Annual Survey Of Virginia Law: Environmental Law, Kelley A. Kinney, Andrea West Wortzel

University of Richmond Law Review

This article reviews the key environmental developments at the federal and state levels during the period from June 1996 to June 1998. Legislation and judicial decisions are presented topically. Certain issues, such as public participation and environmental justice, are playing an increasing role and will likely impact all media.

Understanding Compliance With International Environmental Agreements: The Baker's Dozen Myths, Edith Brown Weiss

University of Richmond Law Review

Until recently, little attention has been given to whether states and other actors comply with the agreements they negotiate. The assumption has been that most states comply with most international law most of the time. There is, however, strong reason to question this assumption. As was apparent in the Breard case, which involved implementation and compliance with the consular convention, states do not necessarily comply with the international agreements they join, particularly when they involve implementation at the provincial/state and local levels.

The Rise Of Environmental Law In The Asian Region, Ben Boer

University of Richmond Law Review

In the past three decades, the realm of environmental law in many Western countries, and internationally, has grown from a small baby crying for attention to a full-fledged, articulate adult, participating in a wide variety of international, regional, and national fora concerning the protection of the environment and the management of our natural resources. More recently, in many non-Western countries and especially in Asia, environmental law has begun to enter into adulthood, manifested by significant legislative initiatives, judicial activism and a resulting environmental jurisprudence, and the establishment and growth of environmental and resource management agencies.

Remarks Of The Secretary Of Natural Resources At Environmental Virginia '98, April 2, 1998, John Paul Woodley Jr.

Richmond Journal of Law and the Public Interest

As Attorney General, Jim Gilmore delivered on his commitment to foster a strong and healthy environment through responsible stewardship of our natural resources. Today, I reaffirm Governor Gilmore's commitment. I want to focus our particular attention on the Governor's number one environmental priority - improving the quality of our Commonwealth's great waters.

Governmental Takings, Court Of Appeals: Gazza V. New York State Department Of Environmental Conservation

Touro Law Review

No abstract provided.

The Rotterdam Convention, Heather M. Vandorn

Colorado Environmental Law Journal

No abstract provided.

The Basel Convention, Miles L. Buckingham

Colorado Environmental Law Journal

No abstract provided.