Open Access. Powered by Scholars. Published by Universities.®

Environmental Law Commons

Open Access. Powered by Scholars. Published by Universities.®

2000

Discipline
Institution
Keyword
Publication
Publication Type

Articles 211 - 240 of 294

Full-Text Articles in Environmental Law

The Current State Of Regulatory Takings In Supreme Court Jurisprudence: A Look At City Of Monterey V. Del Monte Dunes At Monterey, Ltd., Robert S. Payne Jan 2000

The Current State Of Regulatory Takings In Supreme Court Jurisprudence: A Look At City Of Monterey V. Del Monte Dunes At Monterey, Ltd., Robert S. Payne

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Houlton Citizens' Coalition V. Town Of Houlton: Is An Open And Competitive Bidding Process Really The Solution To National Waste Disposal Problems, Jason Barocas Jan 2000

Houlton Citizens' Coalition V. Town Of Houlton: Is An Open And Competitive Bidding Process Really The Solution To National Waste Disposal Problems, Jason Barocas

Villanova Environmental Law Journal (1991 - )

No abstract provided.


American Trucking Associations, Inc. V. United States Environmental Protection Agency: A Speed-Bump Along The Highway Of Judicial Deference To Agency Determinations, Amy Quandt Jan 2000

American Trucking Associations, Inc. V. United States Environmental Protection Agency: A Speed-Bump Along The Highway Of Judicial Deference To Agency Determinations, Amy Quandt

Villanova Environmental Law Journal (1991 - )

No abstract provided.


United States V. Hyundai Merchant Marine Co.: Big Brother Is Watching - But Who Should Pay For His Monitoring Costs, Eileen M. Voegele Jan 2000

United States V. Hyundai Merchant Marine Co.: Big Brother Is Watching - But Who Should Pay For His Monitoring Costs, Eileen M. Voegele

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Environmental And Brownfield Liability: Relative Influence On Corporate Expansion And Relocation, Heidi Gorovitz Robertson, Alan K. Reichert Jan 2000

Environmental And Brownfield Liability: Relative Influence On Corporate Expansion And Relocation, Heidi Gorovitz Robertson, Alan K. Reichert

Law Faculty Articles and Essays

Many states in America have enacted laws to encourage the development of contaminated properties. The laws attempt to do this by addressing one barrier to redevelopment, the environmental liability attached to contaminated properties. In general, the laws attempt to remove or reduce the significance of that barrier by reducing or eliminating the environmental liability risk attached to these properties. Our hypothesis was that these efforts cannot significantly encourage redevelopment because they fail to address non-environmental barriers to urban redevelopment. To determine whether this legislative focus on environmental liability is misplaced, we conducted a survey of Northeast Ohio businesses, which had …


Restoration Rx: An Evaluation And Prescription, Alyson C. Flournoy Jan 2000

Restoration Rx: An Evaluation And Prescription, Alyson C. Flournoy

UF Law Faculty Publications

In this introductory article, I explore what ethics, science, economics, and law suggest about the value of restoration. These themes -- the questions and challenges posed by ethics, science, economics, and law -- resonate throughout the Articles in this Symposium. Drawing on the presentations given at the Symposium and the literature on environmental restoration, this article reviews some of the major questions that science and ethics pose for restoration, as well as the challenges posed by the economic and legal contexts within which environmental restoration occurs. After a brief comment on the definition of restoration, this article addresses the challenges …


Volume 1 Issue 1, Sustainable Development Law & Policy Jan 2000

Volume 1 Issue 1, Sustainable Development Law & Policy

Sustainable Development Law & Policy

No abstract provided.


Tribal Governments And The Protection Of Watersheds And Wetlands In Indian Country, Dean B. Suagee Jan 2000

Tribal Governments And The Protection Of Watersheds And Wetlands In Indian Country, Dean B. Suagee

St. Thomas Law Review

This paper will focus on the protection of watersheds and wetlands within Indian country under the federal environmental scheme. In section II, we discuss the authorization of tribal programs under the Clean Water Act (CWA) and Safe Drinking Water Act (SDWA). In section III, we provide a detailed discussion of the programmatic and legal developments in tribal implementation of the water quality standards programs under the CWA. Section IV discusses EPA's authority to directly implement the CWA and SDWA in Indian country. In Section V, we summarize EPA's strategy to create partnerships with tribes to protect water resources in Indian …


Environmental Instrument Choice In A Second-Best World: A Comment On Professor Richards, Daniel H. Cole Jan 2000

Environmental Instrument Choice In A Second-Best World: A Comment On Professor Richards, Daniel H. Cole

Articles by Maurer Faculty

No abstract provided.


Overview Of Environmental Regulations That Affect Coal Combustion, Cortland F. Eble Jan 2000

Overview Of Environmental Regulations That Affect Coal Combustion, Cortland F. Eble

Information Circular--KGS

Environmental regulations have had, and continue to have, an effect on the combustion of coal. These regulations largely affect the electric utility industry, the largest consumer of domestic coal, but they ultimately affect everyone, because we all use electricity, and the cost of compliance is usually passed on to the consumer, resulting in higher electric bills.


The Role Of Deterrence-Based Enforcement In A "Reinvented" State/Federal Relationship: The Divide Between Theory And Reality, David L. Markell Jan 2000

The Role Of Deterrence-Based Enforcement In A "Reinvented" State/Federal Relationship: The Divide Between Theory And Reality, David L. Markell

Scholarly Publications

No abstract provided.


Alternative Dispute Resolution At The Environmental Protection Agency, Joel B. Eisen Jan 2000

Alternative Dispute Resolution At The Environmental Protection Agency, Joel B. Eisen

Law Faculty Publications

This chapter examines how the U.S. Environmental Protection Agency (EPA) uses alternative dispute resolution (ADR) methods to help resolve complex environmental disputes. In recent years, the EPA's use of ADR has increased dramatically in a wide variety of settings. The EPA has made ADR a central feature of its environmental enforcement strategy, encouraged its use in Title VI and environmental justice conflict settings, and turned to negotiated rulemaking as an alternative to the cumbersome notice-and-comment process for the development of new federal regulations. Other EPA programs, such as the Brownfields Economic Redevelopment Initiative, promote nonadversarial methods for tackling complex environmental …


Devolution And The Public Health, Rena I. Steinzor Jan 2000

Devolution And The Public Health, Rena I. Steinzor

Faculty Scholarship

No abstract provided.


Conserving Ecosystems Through The Secretarial Order On Tribal Rights, Sandra B. Zellmer Jan 2000

Conserving Ecosystems Through The Secretarial Order On Tribal Rights, Sandra B. Zellmer

Faculty Law Review Articles

No abstract provided.


Recent Case Developments, Jeffrey W. Stempel Jan 2000

Recent Case Developments, Jeffrey W. Stempel

Scholarly Works

Recent case developments in Insurance Law in the years 1999 and 2000.


Environmentally Friendly Ranching? An Interview On The High Desert, Lisa Johnson Jan 2000

Environmentally Friendly Ranching? An Interview On The High Desert, Lisa Johnson

Animal Law Review

The following is an interview with Doc Hatfield about his views on raising cattle and his association with Oregon Country Beef, a cooperative organization that his wife, Connie, helped start in 1986. Doc was on his cell phone while we talked, as he and Connie were on their way to Portland from their High Desert Ranch in Brothers, Oregon to give a talk to an agricultural group. Connie was driving while Doc and I spoke. They have a rule against driving and talking on the phone at the same time. I agreed that was probably a good policy.


Feedlots -- Rural America's Sewer, Marilyn Lee Nardo Jan 2000

Feedlots -- Rural America's Sewer, Marilyn Lee Nardo

Animal Law Review

Over one billion tons of animal waste is produced each year in the United States by animal feedlot operations (AFOs). In 1995 alone, 63.5 million gallons of manure spilled from AFOs. Manure spills poison rivers, lakes, and ponds, seep into groundwater, causing fishkills, human disease, and death. The United States Environmental Protection Agency, reports that AFOs are a primary factor in the impairment of forty percent of the nation's waterways. Despite these conditions, there are no federal standards for the storage, application, or management of animal waste. This Comment evaluates the existing regulation of AFOs under the Clean Water Act …


Practice, Policy, And Pedagogy In A Mandatory Environmental Law Course, Michael Allan Wolf, Joel B. Eisen Jan 2000

Practice, Policy, And Pedagogy In A Mandatory Environmental Law Course, Michael Allan Wolf, Joel B. Eisen

Law Faculty Publications

All students at the University of Richmond School of Law are required to complete a first-year course in Environmental Law, as an introduction to the strategies and technicalities of statutory and regulatory regimes. This requirement poses special pedagogical challenges for the instructors. How, for example, is the class to address pollution questions regarding diverse media? Which of the many federal and nonfederal statutory provisions deserve the most (and least attention)? How does the instructor hold the attention of, and gain the most effective work product from, students whose major interests lie outside the area of Environmental Law? What is the …


Liberal Discovery Of Non-Party Records: In Defense Of The Defense, Melissa E. Rosenthal Jan 2000

Liberal Discovery Of Non-Party Records: In Defense Of The Defense, Melissa E. Rosenthal

Cardozo Journal of Equal Rights & Social Justice

The note advocates for the liberal discovery of nonparty records, such as IQ test results and medical records, in lead paint poisoning cases in New York. It argues that allowing such discovery aligns with the state's broad discovery policies under CPLR 3101(a) and promotes fairness and efficiency in litigation. The author contends that the current per se ban on discovering these records is inconsistent and unfair, particularly for defendants in the First Department, where such discovery is prohibited. The analysis emphasizes the need for a balanced approach that considers relevance, privacy, and the potential for alternative causation in determining admissibility.


Instream Flows In New Mexico, Denise D. Fort Jan 2000

Instream Flows In New Mexico, Denise D. Fort

Faculty Scholarship

Instream flows for fisheries, recreation and aesthetic purposes held to be a legitimate use under New Mexico's statutory regime.


Global Climate Change Kyoto Protocol Implementation: Legal Frameworks For Implementing Clean Energy Solutions, Richard L. Ottinger Jan 2000

Global Climate Change Kyoto Protocol Implementation: Legal Frameworks For Implementing Clean Energy Solutions, Richard L. Ottinger

Elisabeth Haub School of Law Faculty Publications

This paper describes the measures that have been and can be taken and the legal mechanisms by which successes have been achieved in reducing greenhouse gases. Examples are given of success stories from around the world, but these examples are just demonstrative. Many hundreds of programs have been pursued successfully around the world in both industrial and developing countries. What does emerge, however, is clear evidence that global warming can be effectively addressed and that many significant steps have been taken profitably in both the public and private sectors, offering significant business, export and job opportunities, and that much can …


“Environmental Racism! That’S What It Is.”, Richard J. Lazarus Jan 2000

“Environmental Racism! That’S What It Is.”, Richard J. Lazarus

Georgetown Law Faculty Publications and Other Works

In this essay, Professor Lazarus discusses former NAACP director the Rev. Dr. Benjamin Chavis's characterization of U.S. environmental policy as "environmental racism." He first justifies this provocative topic choice and then suggests that Chavis's allegation has transformed environmental law. Professor Lazarus next discusses the details of this transformation, arguing that Rev. Chavis has essentially reshaped the way environmental law and justice are conceived. He offers examples of various environmental programs and social and political effects traceable to Chavis's environmental racism comment. Finally, the conclusion provides some of the author's ruminations about the future of environmental law and policy.


"Streamlined" Permits, Migratory Birds And Draining Ditches: Recent Developments Confirm Need To Amend Statutory Wetlands Protection, Kim Diana Connolly Jan 2000

"Streamlined" Permits, Migratory Birds And Draining Ditches: Recent Developments Confirm Need To Amend Statutory Wetlands Protection, Kim Diana Connolly

Other Scholarship

No abstract provided.


The Pathology Of Property Norms: Living Within Nature's Boundaries, Lynda L. Butler Jan 2000

The Pathology Of Property Norms: Living Within Nature's Boundaries, Lynda L. Butler

Faculty Publications

No abstract provided.


Probing The Protections In The Rotterdam Convention On Prior Informed Consent, Richard W. Emory Jan 2000

Probing The Protections In The Rotterdam Convention On Prior Informed Consent, Richard W. Emory

Colorado Environmental Law Journal

No abstract provided.


Imprisoned For Protecting The Forests Of Guerrero, Mexico, Megan Murphy Jan 2000

Imprisoned For Protecting The Forests Of Guerrero, Mexico, Megan Murphy

Colorado Environmental Law Journal

No abstract provided.


Scaling New Heights Or Retreating From Progress: How Will The Environment Fare Under The Administration Of President George W. Bush?, Mark Udall Jan 2000

Scaling New Heights Or Retreating From Progress: How Will The Environment Fare Under The Administration Of President George W. Bush?, Mark Udall

Colorado Environmental Law Journal

No abstract provided.


Think Globally, Act Locally: The Role Of State And Local Ballot Initiatives In International Environmental Law, K. K. Duvivier Jan 2000

Think Globally, Act Locally: The Role Of State And Local Ballot Initiatives In International Environmental Law, K. K. Duvivier

Colorado Environmental Law Journal

No abstract provided.


The United Nations' Agreement To Adopt Uniform Technical Regulations For Wheeled Vehicles: An Important Step Toward International Harmonization For Vehicle Emissions Regulations, Anne Klosterman Jan 2000

The United Nations' Agreement To Adopt Uniform Technical Regulations For Wheeled Vehicles: An Important Step Toward International Harmonization For Vehicle Emissions Regulations, Anne Klosterman

Colorado Environmental Law Journal

No abstract provided.


Cyanide Disaster In Romania Pollutes Eastern European Freshwater, Julia Starr Ferguson Jan 2000

Cyanide Disaster In Romania Pollutes Eastern European Freshwater, Julia Starr Ferguson

Colorado Environmental Law Journal

No abstract provided.