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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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
“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
"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
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
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
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
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
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
Colorado Environmental Law Journal
No abstract provided.
Cyanide Disaster In Romania Pollutes Eastern European Freshwater, Julia Starr Ferguson
Cyanide Disaster In Romania Pollutes Eastern European Freshwater, Julia Starr Ferguson
Colorado Environmental Law Journal
No abstract provided.