Environmental Law Commons^™

The Proof Is In The Policy: The Bush Administration, Nonpoint Source Pollution, And Epa's Final Tmdl Rule, R. Bryant Mcculley

Washington and Lee Law Review

No abstract provided.

Federalism In Environmental Protection, Peter A. Appel

Scholarly Works

In the last seven years, the Supreme Court has decided several cases that potentially alter the balance between the states and the federal government. Although these decisions have generated much controversy, in some ways they only address some important federalism questions at the periphery. Professor Appel examines four areas of environmental law that the recent decisions either only inform or do not address at all: cleanup of hazardous waste sites; the effect of state enforcement actions on citizen enforcement brought under federal environmental laws; the effect of state enforcement actions on federal enforcement actions; and the management of federal lands …

The Precautionary Principle: Development Of An International Standard, Sonia Boutillon

Michigan Journal of International Law

This Note characterizes and evaluates the current status of the precautionary principle in international law and suggests how it could be more effectively incorporated into bodies of law such as trade law. Much of the literature focuses on whether the principle is a legal rule. This Note shows that precaution need not necessarily fit into the traditional categories of international legal sources' but may derive its legal force from being interpreted as a standard. While the theme-and thesis-of this Note will strike some as provocative, it will appear as an understatement to others, thereby reflecting the ongoing controversy about the …

Michigan V. United States Environmental Protection Agency: The Power Of Epa In Curing The Difficulty Downwind, Erika Jean Doyle

Villanova Environmental Law Journal (1991 - )

No abstract provided.

The Brownfields Revitalization And Environmental Restoration Act Of 2001: The Benefits And The Limitations, Andrew S. Levine

Villanova Environmental Law Journal (1991 - )

No abstract provided.

The Expanding Liability Of Environmental Consultants To Third Parties, Joel Schneider

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Environmental Protection Information Center V. The Simpson Timber Company: Who Is The Ninth Circuit Really Protecting With Section 10 Of The Endangered Species Act, Dina Cortese

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Bragg V. West Virginia Mining Association: The Eleventh Amendment Challenge To Mountaintop Coal Mining, Michael G. Crotty

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Waste Management Holdings V. Gilmore: The Anything But Dormant Problem Of Interstate Waste, Mia Korot

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Johnson V. James Langley Operating Company: Must Innocent Parties Foot The Bill Simply To Have A Little Peace Of Mind, Andrea R. Prosics

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Broward V. Environmental Protection Agency: Cercla's Bar On Pre-Enforcement Review Of Epa Cleanups Under Section 113(H), Robert G. Ruggieri

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Making Sense Of Pretext: An Analysis Of Evidentiary Requirements For Summary Judgment Litigants In The Fifth Circuit In Light Of Reeves V. Sanderson Plumbing Prodcuts, And A Proposal For Clarification., Eric S. Riester

St. Mary's Law Journal

Although the United States Supreme Court in Reeves v. Sanderson Plumbing Products, Inc. attempted to clarify the summary judgment landscape of Title VII employment discrimination cases, lower courts in the Fifth Circuit are still without guidance. Under Reeves, direct proof of discrimination is not required to defeat a motion for summary judgment as long as the circumstantial evidence allows a reasonable inference of discrimination. The required strength of the circumstantial evidence, however, remains a major issue in the Fifth Circuit. Since Reeves, the Fifth Circuit has not stated a uniform summary judgment standard, nor has it answered how much circumstantial …

Alternative Communities For The High Plains: An Exploratory Essay On Holistic Responses To Issues Of Environment, Economy, And Society, John W. Ragsdale Jr

Faculty Works

No abstract provided.

Earning Deference: Reflections On The Merger Of Environmental And Land-Use Law, Michael Allan Wolf

UF Law Faculty Publications

The bedrock notion that courts should, in the overwhelming majority of cases, defer to lawmakers is currently under attack in the nation's courts, commentary and classrooms. Leading the way are several United States Supreme Court Justices who, in cases involving the Commerce Clause, the Takings Clause and Section Five of the Fourteenth Amendment, are much more willing than their immediate predecessors to second-guess the motives and tactics of elected and appointed officials at all levels of government. Given this new juris-political reality, it is more important than ever that local government officials--who are often (though, certainly, not always justifiably) viewed …

Volume 2 Issue 2, Sustainable Development Law & Policy

Sustainable Development Law & Policy

No abstract provided.

Editor's Note, Dave Newman

Sustainable Development Law & Policy

No abstract provided.

News Update: Gearing Up For The World Summit On Sustainable Development , Roxanne Sher-Skelton

Sustainable Development Law & Policy

No abstract provided.

Wiwa V. Royal Dutch Petroleum Co., Dave Newman

Sustainable Development Law & Policy

No abstract provided.

An Interview With Perry Wallace On The United States’ Withdrawal From The Kyoto Protocol, Dave Newman

Sustainable Development Law & Policy

No abstract provided.

When Voluntary, Incentive-Based Controls Fail: Structuring A Regulatory Response To Agricultural Nonpoint Source Water Pollution, Douglas R. Williams

All Faculty Scholarship

This article is part of the Symposium, Sustainable Agriculture: Food for the Future. Recognizing that, to date, farms had largely escaped regulation under the Clean Water Act, and that agricultural nonpoint source pollution is a leading contributor to impaired water quality, this article advocates for a regulatory response to such pollution. It considers existing programs to control nonpoint source pollution and demonstrates that they are inadequate. The article makes three recommendations: (1) an increased federal regulatory presence is needed; (2) the costs of implementing nonpoint source controls should be distributed in a pragmatic way that recognizes the extraordinary organizational presence …

The National Wildlife Refuge System And The Hallmarks Of Modern Organic Legislation, Robert L. Fischman

Articles by Maurer Faculty

This article explores the origins and precise meaning of the term "organic act," which is widely used in public land law. The evolution in the meaning of the term reflects larger shifts in the role of legislation in public resource management. The article illustrates this with an analysis of the 1997 Refuge Improvement Act, a substantial revision of the charter for the Refuge System and the first major statute governing public land management enacted since the 1970s.

The Refuge System's "dominant use" regime is an important model for sustainable resource management. The article describes this regime in the context of …

Stumbling To Johannesburg: The United States' Haphazard Progress Toward Sustainable Forestry Law, Robert L. Fischman

Articles by Maurer Faculty

This Article addresses how well forestry law in the United States promotes sustainable development, with special attention to the trends of the past decade. The role of law in shaping forest management decisions has been a contentious issue in this recent period, and forestry has been at the forefront of public concern about sustainability of natural resource management generally. Therefore, the problems and opportunities for forestry law to promote sustainable development are indications of the weaknesses and strengths of the overall U.S. legal regime.

A Lesson For Conservation From Pollution Control Law: Cooperative Federalism For Recovery Under The Endangered Species Act, Robert L. Fischman, Jaelith Hall-Rivera

Articles by Maurer Faculty

No abstract provided.

Environmental Justice In An Era Of Devolved Collaboration , Sheila R. Foster

Faculty Scholarship

Environmental decision-making is undergoing a profound shift. Traditional forums and processes are being displaced by mechanisms emphasizing local, "place-based" decision-making. These emerging decision-making mechanisms are orchestrated through collaborative processes featuring stakeholders from both the public and private sectors. This transformation is evident in a number of recent governmental initiatives, including those by the Environmental Protection Agency ("EPA"), most notably its Community-Based Environmental Protection ("CBEP") initiative. Other federal agencies, particularly those with land or species management responsibilities, have similarly advocated a greater role for local decision-makers and collaborative problem-solving. This Article examines the points of convergence and divergence between devolved collaboration …

Environmental Law Of Armed Conflict, Nada Al-Duaij

Dissertations & Theses

This thesis explains the law of the environment during armed conflicts in five parts. Part One, “General Background of Armed Conflict,” focuses on the nature of armed conflict, including international and national disputes, civil war, and the problem of applying international legal duties to internal belligerents, the impact of armed conflict on civilians, and the environmental impact of preparing for, engaging in, and recovering from armed conflict. Part Two, “Environmental Protection in International Humanitarian Law,” examines the definition of international humanitarian law (IHL), focusing particularly on the environmental protection provisions in the IHL and its current inadequacy as a tool …

Environmental Supra-Nationalism, Mark A. Drumbl

Washington and Lee Law Review

No abstract provided.

Hacia Un Regimen De Responsabilidad Civil Por Dano Ambiental Transfronterizo, Henry Mcgee, Luz E. Ortiz Nagle

Faculty Articles

This article discusses the importance of protecting the environment on a global level. In view of the gravity of the ecological problems, and the ineffectiveness of existing environmental standards of regimes that are purely national, countries and specialized institutions have concluded that it is imperative to implement international regulations.

Brownfields Redevelopment, Joel B. Eisen

Law Faculty Publications

Critiquing how brownfields programs expanded without much attention to developments in the international environmental arena will illustrate some ways to alter them to comport with Agenda 21 and other prerequisites for sustainable development. Another interesting aspect of this analysis for the Rio+ 10 review is its timing. The state and federal programs have mushroomed since 1992; for example, while a small of states had "voluntary cleanup programs" 10 years ago, virtually every state has one now, and there is considerable increasing experience with them. If adjustments to these programs should be developed to comport with the prescriptions of Agenda 21 …

Earning Deference: Reflections On The Merger Of Environmental And Land-Use Law, Michael Allan Wolf

Law Faculty Publications

The bedrock notion that courts should, in the overwhelming majority of cases, defer to lawmakers is currently under attack in the nation's courts, commentary and classrooms. Leading the way are several United States Supreme Court Justices who, in cases involving the Commerce Clause, the Takings Clause and Section Five of the Fourteenth Amendment, are much more willing than their immediate predecessors to second-guess the motives and tactics of elected and appointed officials at all levels of government. ...

Environmental Law And The Supreme Court: Three Years Later, Richard J. Lazarus

Georgetown Law Faculty Publications and Other Works

In my Garrison Lecture three years ago, I surveyed the environmental law decisions of the Supreme Court between 1970 and 1999. I commented on which Justices had been more or less influential in shaping the Court's decisions and, even more provocatively (if not foolishly), sought to "score" the individual Justices on their responsiveness to environmental protection concerns based on their votes cast in a subset of those cases. The broader thesis of the lecture, however, was that there is something distinctively "environmental" about environmental law and that the Court's increasing inability to appreciate that dimension was leading to more poorly-reasoned …