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Environmental Law Commons

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2002

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Articles 301 - 330 of 350

Full-Text Articles in Environmental Law

Developments In Trade And The Environment, Alex Nelson Jan 2002

Developments In Trade And The Environment, Alex Nelson

Colorado Environmental Law Journal

No abstract provided.


Developments In Transboundary Air Pollution, Craig W. Clark Jan 2002

Developments In Transboundary Air Pollution, Craig W. Clark

Colorado Environmental Law Journal

No abstract provided.


Developments In Climate Change, Tamara L. Harswick Jan 2002

Developments In Climate Change, Tamara L. Harswick

Colorado Environmental Law Journal

No abstract provided.


Developments In Land-Based Pollution: The International Response, Abraham J. Laydon Jan 2002

Developments In Land-Based Pollution: The International Response, Abraham J. Laydon

Colorado Environmental Law Journal

No abstract provided.


Developments In Conservation And Living Resources: The Murky Sea Over The Magnificent Whale, Mark Detsky Jan 2002

Developments In Conservation And Living Resources: The Murky Sea Over The Magnificent Whale, Mark Detsky

Colorado Environmental Law Journal

No abstract provided.


Developments In Transboundary Water, Nikolai Frant Jan 2002

Developments In Transboundary Water, Nikolai Frant

Colorado Environmental Law Journal

No abstract provided.


Developments In Vessel-Based Pollution: Prestige Oil Catastrophe Threatens West European Coastline, Spurs Europe To Take Action Against Aging And Unsafe Tankers, Eric R. Jaworski Jan 2002

Developments In Vessel-Based Pollution: Prestige Oil Catastrophe Threatens West European Coastline, Spurs Europe To Take Action Against Aging And Unsafe Tankers, Eric R. Jaworski

Colorado Environmental Law Journal

No abstract provided.


The Environmental Consequences Of War: Legal, Economic, And Scientific Perspectives, Jay E. Austin And Carl E. Bruch., Lakshman Guruswamy Jan 2002

The Environmental Consequences Of War: Legal, Economic, And Scientific Perspectives, Jay E. Austin And Carl E. Bruch., Lakshman Guruswamy

Colorado Environmental Law Journal

No abstract provided.


Developments In Population, Leslie Ryan Jan 2002

Developments In Population, Leslie Ryan

Colorado Environmental Law Journal

No abstract provided.


An Introduction To The Essential Fish Habitat (Efh) Consultation Process For The South Atlantic Region, Kim Diana Connolly Jan 2002

An Introduction To The Essential Fish Habitat (Efh) Consultation Process For The South Atlantic Region, Kim Diana Connolly

Journal Articles

No abstract provided.


The New Environmental Law: Forest Certification, Errol E. Meidinger Jan 2002

The New Environmental Law: Forest Certification, Errol E. Meidinger

Journal Articles

This paper argues that the rapidly expanding practice of forest certification, together with similar developments in other sectors, is creating a new template for environmental law. Nongovernmental organizations and some industry actors are establishing binding regulatory standards, systems for monitoring compliance, sanctions for non-compliance, and, when things work well, methods for assessment and revision. It locates these developments as a part of “phase 3” of environmental law, which also involves a proliferation of other initiatives beyond traditional regulation. Finally, it offers a preliminary discussion of the efficacy, adaptability, coherence, and legitimacy of the emergent system.


Environmental Law—Clean Water Act—The Supreme Court Scales Back The Army Corps Of Engineers' Jurisdiction Over "Navigable Waters" Under The Clean Water Act. Solid Waste Agency V. United States Army Corps Of Engineers, 531 U.S. 159 (2001)., Margaret A. Johnston Jan 2002

Environmental Law—Clean Water Act—The Supreme Court Scales Back The Army Corps Of Engineers' Jurisdiction Over "Navigable Waters" Under The Clean Water Act. Solid Waste Agency V. United States Army Corps Of Engineers, 531 U.S. 159 (2001)., Margaret A. Johnston

University of Arkansas at Little Rock Law Review

No abstract provided.


Reversing The Winters Doctrine?: Denying Reserved Water Rights For Idaho Wilderness And It's Implications, Michael C. Blumm Jan 2002

Reversing The Winters Doctrine?: Denying Reserved Water Rights For Idaho Wilderness And It's Implications, Michael C. Blumm

University of Colorado Law Review

No abstract provided.


Unfinished Stories, Oliver Houck Jan 2002

Unfinished Stories, Oliver Houck

University of Colorado Law Review

No abstract provided.


The Birth, Death, And Rebirth Of The World Trade Center And The Fate Of New York, Michael B. Gerrard Jan 2002

The Birth, Death, And Rebirth Of The World Trade Center And The Fate Of New York, Michael B. Gerrard

Faculty Scholarship

The year in the title has finally arrived, and in Stanley Kubrick's classic film 2001: A Space Odyssey, the appearance of large monoliths marks important transitions in human civilization. In New York City, the construction, destruction and possible reconstruction of the twin monoliths of the World Trade Center also mark historical transitions. Among the things transformed with each event is our relationship to the physical environment.


A Case Study Of Sustainable Development: Brownfields, Joel B. Eisen Jan 2002

A Case Study Of Sustainable Development: Brownfields, 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 minority of states had "voluntary cleanup programs" 10 years ago, virtually every state has one now, and there is considerable and increasing experience with them. If adjustments to these programs should be developed to comport with the prescriptions …


The Precautionary Principle And Marine Environmental Protection: Slippery Shores, Rough Seas, And Rising Normative Tides, David Vanderzwaag Jan 2002

The Precautionary Principle And Marine Environmental Protection: Slippery Shores, Rough Seas, And Rising Normative Tides, David Vanderzwaag

Articles, Book Chapters, & Popular Press

Law and policy implications of the precautionary principle in the field of marine environmental protection are explored in this paper in a three-part analysis. First, seven slippery aspects of the precautionary principle are highlighted, including confusion in terminology, definitional variations, definitional generalities, the spectrum of precautionary measures available, ongoing philosophical tensions and competing socioeconomic interests, debate over who should be responsible for making precautionary decisions, and limited interpretation by international tribunals. Second, the rather feeble precautionary responses to the tempestuous issues of climate change, hazardous chemicals, and overfishing are described. Third, the potential for the precautionary principle to synergize with …


Canada And The Precautionary Principle/Approach In Ocean And Coastal Management: Wading And Wandering In Tricky Currents, David Vanderzwaag, Susanna Fuller, Ransom Myers Jan 2002

Canada And The Precautionary Principle/Approach In Ocean And Coastal Management: Wading And Wandering In Tricky Currents, David Vanderzwaag, Susanna Fuller, Ransom Myers

Articles, Book Chapters, & Popular Press

After reviewing the tricky nature of the precautionary principle/approach, such as confusion over terminology and the spectrum of precautionary measures available, the article through a four-part format describes Canadian initiatives and efforts to implement the precautionary principle/ approach in ocean and coastal management. First, Canada's general steps to adopt the precautionary principle are discussed including caselaw developments and the limited embracing of precaution in environmental impact assessment review and strategic planning processes. Second, the paper reviews Canada's efforts to address marine pollution-ocean dumping, land-based, vessel-source and seabed activities- in light of precaution. Third, Canadian experiences with implementing precaution in the …


Attorney-Client Conundrum: The Use Of Arbitration Agreements For Legal Malpractice In Texas., Robert J. Kraemer Jan 2002

Attorney-Client Conundrum: The Use Of Arbitration Agreements For Legal Malpractice In Texas., Robert J. Kraemer

St. Mary's Law Journal

Abstract Forthcoming.


Standards Of Review In Texas., W. Wendell Hall Jan 2002

Standards Of Review In Texas., W. Wendell Hall

St. Mary's Law Journal

Abstract Forthcoming.


Introduction: Considering The Trend Toward Local Environmental Law, John R. Nolon Jan 2002

Introduction: Considering The Trend Toward Local Environmental Law, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

In this symposium issue of the Pace Environmental Law Review we take a close look at the advent of local environmental law. With the editors of the Review and a number of distinguished scholars and practitioners, we define what this new field is and consider what it means for public policy and the practice of law. The intent of this issue is to invite lawyers, scholars, practitioners, legislators, regulators, students, and citizen leaders to consider this burgeoning new field: local environmental law. It is my task to introduce the reader to the field and frame the issues for its further …


Working With Ngos: A Developing World Perspective, Hasmy Agam Jan 2002

Working With Ngos: A Developing World Perspective, Hasmy Agam

Colorado Environmental Law Journal

No abstract provided.


Ngos, Transgenic Food, Globalization, And Conservation, Thomas R. Degregori Jan 2002

Ngos, Transgenic Food, Globalization, And Conservation, Thomas R. Degregori

Colorado Environmental Law Journal

No abstract provided.


A Clear-Headed Look At Ngos, Dale A. Oesterle Jan 2002

A Clear-Headed Look At Ngos, Dale A. Oesterle

Colorado Environmental Law Journal

No abstract provided.


The Recovery Of The Colorado River Delta Ecosystem: A Role For International Law?, A. Dan Tarlock Jan 2002

The Recovery Of The Colorado River Delta Ecosystem: A Role For International Law?, A. Dan Tarlock

Colorado Environmental Law Journal

No abstract provided.


Biodiversity In And Around Mcelligot's Pool, Sandra B. Zellmer, Scott A. Johnson Jan 2002

Biodiversity In And Around Mcelligot's Pool, Sandra B. Zellmer, Scott A. Johnson

Faculty Law Review Articles

No abstract provided.


The Greening Of The World Trade Organization, Sydney M. Cone Iii. Jan 2002

The Greening Of The World Trade Organization, Sydney M. Cone Iii.

Articles & Chapters

No abstract provided.


A Manifesto For The Radical Middle, J.B. Ruhl Jan 2002

A Manifesto For The Radical Middle, J.B. Ruhl

Vanderbilt Law School Faculty Publications

This article advocates an active, concerted strategy for staking out the middle ground in environmental policy. The middle ground - the domain of "middle of the roaders" - has conventionally been defined by compromise, and as a result lacks any defining content and principles. I propose an aggressive middle that uses enriched sources of information, agency professional judgment, and transparent adaptive management as its components.


Regulatory Traffic Jams, J.B. Ruhl, James Salzman, Kai-Sheng Song Jan 2002

Regulatory Traffic Jams, J.B. Ruhl, James Salzman, Kai-Sheng Song

Vanderbilt Law School Faculty Publications

Notwithstanding the tremendous amount of attention environmental agencies, policy analysts, and scholars have paid to "regulatory reinvention," it has been pitched primarily as a refinement of the sanction and facilitation models, and thus intended to be channeled through the firm-specific behavioral responses predicted under the rational polluter and good-apple models. Little attention has been paid to the systems level question. The relevant question under the systems model is whether there is a component of noncompliance that does not respond to sanction and facilitation policies that are intended to illicit firm-specific behavioral responses. To answer this will require (1) identifying instances …


Winner, Best Appellate Brief In The 2001 Native American Law Student Association Moot Court Competition, Nicholas K. Rohner, Raj Mehta Jan 2002

Winner, Best Appellate Brief In The 2001 Native American Law Student Association Moot Court Competition, Nicholas K. Rohner, Raj Mehta

American Indian Law Review

No abstract provided.