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

Environmental Law Commons

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

2003

Discipline
Institution
Keyword
Publication
Publication Type
File Type

Articles 151 - 180 of 344

Full-Text Articles in Environmental Law

Untying The Hands Of D.C.: Ways To Avoid Constitutional Conflicts While Addressing Solid Waste Dispoal, Janell De Gennaro Mar 2003

Untying The Hands Of D.C.: Ways To Avoid Constitutional Conflicts While Addressing Solid Waste Dispoal, Janell De Gennaro

University of the District of Columbia Law Review

No abstract provided.


Slouching Toward Eden: The Eco-Pragmatic Challenges Of Ecosystem Revival, In Symposium, The Pragmatic Ecologist: Environmental Protection As Jurisdynamic Experience, A. Dan Tarlock Mar 2003

Slouching Toward Eden: The Eco-Pragmatic Challenges Of Ecosystem Revival, In Symposium, The Pragmatic Ecologist: Environmental Protection As Jurisdynamic Experience, A. Dan Tarlock

All Faculty Scholarship

No abstract provided.


From Techical Fix To Regulatory Mix: Japan's New Environmental Law, Lara Fowler Mar 2003

From Techical Fix To Regulatory Mix: Japan's New Environmental Law, Lara Fowler

Washington International Law Journal

In post-industrial countries like Japan, modem environmental problems defy easy clean up solutions. Thus, effective clean up depends on diverse regulation. Historically, the Japanese government has relied on statutes that mandated technical "fixes" to clean up highly publicized pollution problems. Although such regulations have been successful in areas like air pollution, recent newspaper headlines highlight the extent to which environmental issues continue to affect densely populated Japan. Beginning with the passage of the Environmental Impact Assessment Law in 1997, however, Japan has significantly diversified its environmental policy. Along with strict new regulatory standards, new national laws now allow public access …


From Techical Fix To Regulatory Mix: Japan's New Environmental Law, Lara Fowler Mar 2003

From Techical Fix To Regulatory Mix: Japan's New Environmental Law, Lara Fowler

Washington International Law Journal

In post-industrial countries like Japan, modem environmental problems defy easy clean up solutions. Thus, effective clean up depends on diverse regulation. Historically, the Japanese government has relied on statutes that mandated technical "fixes" to clean up highly publicized pollution problems. Although such regulations have been successful in areas like air pollution, recent newspaper headlines highlight the extent to which environmental issues continue to affect densely populated Japan. Beginning with the passage of the Environmental Impact Assessment Law in 1997, however, Japan has significantly diversified its environmental policy. Along with strict new regulatory standards, new national laws now allow public access …


Proliferation And Expansion Of America's Airports At The Expense Of Its Treasured Parks And Preserves: Judicial Perversion Of The Term "Use" In Section 4(F) Of The Department Of Transportation Act, Matthew J. Christian Mar 2003

Proliferation And Expansion Of America's Airports At The Expense Of Its Treasured Parks And Preserves: Judicial Perversion Of The Term "Use" In Section 4(F) Of The Department Of Transportation Act, Matthew J. Christian

Nevada Law Journal

No abstract provided.


The Legal Option: Suing The United States In International Forums For Global Warming Emissions, Andrew L. Strauss Mar 2003

The Legal Option: Suing The United States In International Forums For Global Warming Emissions, Andrew L. Strauss

School of Law Faculty Publications

The George W. Bush administration's refusal to deal seriously with the problem of global warming, perhaps the greatest environmental problem of our time, requires that the international community think seriously about alternative ways of inducing or even compelling the United States to meet its global responsibilities. One strategy being considered is litigation. There are a variety of forms that global warming litigation could take. Plaintiffs harmed by global warming could bring actions in U.S. federal courts against the American government. Alternatively, such plaintiffs could sue key American corporations whose conduct has a disproportionate impact on global warming inside U.S. or …


Beyond Elegance: A Testable Typology Of Social Norms In Corporate Environmental Compliance, Michael P. Vandenbergh Mar 2003

Beyond Elegance: A Testable Typology Of Social Norms In Corporate Environmental Compliance, Michael P. Vandenbergh

Vanderbilt Law School Faculty Publications

Social norms scholarship faces the challenge of becoming a mature discipline. Norms theorists have proposed several elegant, widely applicable theories of the origin, evolution and function of norms. For the most part, these theories have suggested that social norms can be viewed as a refinement to the behavioral assumptions of rational choice theory. Although this approach at least implicitly suggests that accounting for norms will improve the predictive capacity of rational choice models, the work must overcome substantial hurdles if it is to do so. The wide range of norms and mechanisms of norm influence on behavior complicate the 'formal …


Environmental Law With Chinese Characteristics, Eric W. Orts Feb 2003

Environmental Law With Chinese Characteristics, Eric W. Orts

William & Mary Bill of Rights Journal

No abstract provided.


Reaching Out To The Rule Of Law: China's Continuing Efforts To Develop An Effective Environmental Law Regime, Richard J. Ferris, Hongjun Zhang Feb 2003

Reaching Out To The Rule Of Law: China's Continuing Efforts To Develop An Effective Environmental Law Regime, Richard J. Ferris, Hongjun Zhang

William & Mary Bill of Rights Journal

No abstract provided.


Environmental Planning, R. Steven Konkel Jan 2003

Environmental Planning, R. Steven Konkel

Environmental Health Science Faculty and Staff Research

Our understanding of the importance of healthy ecosystems and the impact of people on the natural and the built environment continues to grow. The need for stewardship to preserve, protect, and enhance the natural environment and promote healthy populations is increasingly seen as a universal responsibility of environmental health and safety (EHS) professionals.


Environmental Law At Maryland, No. 16, Winter-Spring 2003 Jan 2003

Environmental Law At Maryland, No. 16, Winter-Spring 2003

Environmental Law at Maryland

No abstract provided.


The Murky Future Of The Clean Water Act After Swancc: Using A Hydrological Connection Approach To Saving The Clean Water Act, Bradford Mank Jan 2003

The Murky Future Of The Clean Water Act After Swancc: Using A Hydrological Connection Approach To Saving The Clean Water Act, Bradford Mank

Faculty Articles and Other Publications

In 2001, the Supreme Court decided Solid Waste Agency of Northern Cook County v. United States Army Corps of Engineers (SWANCC). In this five-to-four decision, the Court held that the U.S. Army Corps of Engineers (Corps) lacked the authority under the Federal Water Pollution Control Act (FWPCA) to regulate isolated intrastate wetlands and waters that serve as habitat for migratory birds. The Court found the FWPCA's jurisdiction is limited to navigable waters and non-navigable waters that have a significant nexus to navigable waters, such as wetlands adjacent to navigable waters. However, the Court did not clearly define which adjacent wetlands …


Distributing The Costs Of Environmental, Health, And Safety Protection: The Feasability Principle, Cost-Benefit Analysis, And Regulatory Reform, David M. Driesen Jan 2003

Distributing The Costs Of Environmental, Health, And Safety Protection: The Feasability Principle, Cost-Benefit Analysis, And Regulatory Reform, David M. Driesen

College of Law - Faculty Scholarship

This article offers a normative theory justifying the feasability principle found in many environmental statutes. It then uses this theory to shine light on the regulatory reform debate. The feasability principle precludes widespread plant shutdowns while maximizing the stringency of regulation that does not have this outcome. The feasability principle provides meaningful guidance regarding both maximum and minimum stringency and a reasonable democratically chosen response to distributional concerns. Pollution's tendency to concentrate severe harms upon randomly selected pollution victims justifies the stringency of this approach. Normally, cost concerns cannot justify failure to protect people from death, illness, and ecological destruction. …


Denali, Alaska, Jessica Duncan Jan 2003

Denali, Alaska, Jessica Duncan

UC Law Environmental Journal

No abstract provided.


Perspectives On Wetlands And Biodiversity: International Law, Iraqi Marshlands, And Incentives For Restoration, Royal C. Gardner Jan 2003

Perspectives On Wetlands And Biodiversity: International Law, Iraqi Marshlands, And Incentives For Restoration, Royal C. Gardner

Colorado Environmental Law Journal

No abstract provided.


Table Of Contents, Colorado Journal Of International Environmental Law And Policy Jan 2003

Table Of Contents, Colorado Journal Of International Environmental Law And Policy

Colorado Environmental Law Journal

No abstract provided.


Improving State Environmental Enforcement Performance Through Enhanced Government Accountability And Other Strategie, David L. Markell, Clifford Rechtschaffen Jan 2003

Improving State Environmental Enforcement Performance Through Enhanced Government Accountability And Other Strategie, David L. Markell, Clifford Rechtschaffen

Scholarly Publications

No abstract provided.


Power, Privilege, And Special Interests: Rent Seeking And Subsidies In Agriculture, Matt Bogard Jan 2003

Power, Privilege, And Special Interests: Rent Seeking And Subsidies In Agriculture, Matt Bogard

Agriculture Department Seminar Series

This presentation covers what Public Choice economists refer to as ‘rent seeking,’ generally seeking favor or special privilege from government through subsidies or regulatory advantages. Particularly, the biotech industry is the area of focus for this presentation. Problems with rent seeking in the biotech industry involve less innovation and industry consolidation. Policies related to biotech regulation, school lunch programs, the Clean Air Act, and ethanol subsidies are discussed. A game theoretic approach is used and it is concluded that issues related to rent seeking and special interests are not adequately addressed by recent campaign finance reform efforts. Alternatives such as …


Building On Individual Strengths: Achieving Greater Success In Stormwater Pollution Prevention Through Collaboration, Christine Chestnut Jan 2003

Building On Individual Strengths: Achieving Greater Success In Stormwater Pollution Prevention Through Collaboration, Christine Chestnut

UC Law Environmental Journal

No abstract provided.


Developments In Land-Based Pollution: From Sewer To Shining Sea, Marika Frady Jan 2003

Developments In Land-Based Pollution: From Sewer To Shining Sea, Marika Frady

Colorado Environmental Law Journal

No abstract provided.


Table Of Contents, Colorado Journal Of International Environmental Law And Policy Jan 2003

Table Of Contents, Colorado Journal Of International Environmental Law And Policy

Colorado Environmental Law Journal

No abstract provided.


The Context Of Trans-Boundary Energy Resource Exploitation: The Environment, The State, And The Methods, Francis N. Botchway Jan 2003

The Context Of Trans-Boundary Energy Resource Exploitation: The Environment, The State, And The Methods, Francis N. Botchway

Colorado Environmental Law Journal

No abstract provided.


Short Term Solutions, Interim Surplus Guidelines, And The Future Of The Colorado River Delta, Rudy E. Verner Jan 2003

Short Term Solutions, Interim Surplus Guidelines, And The Future Of The Colorado River Delta, Rudy E. Verner

Colorado Environmental Law Journal

No abstract provided.


Mexican Environmental Law: Enforcement And Public Participation Since The Signing Of Nafta's Environmental Cooperation Agreement, Christopher N. Behre Jan 2003

Mexican Environmental Law: Enforcement And Public Participation Since The Signing Of Nafta's Environmental Cooperation Agreement, Christopher N. Behre

Florida State University Journal of Transnational Law & Policy

No abstract provided.


Superfund Vs. Mega-Sites: The Coeur D'Alene River Basin Story, Clifford J. Villa Jan 2003

Superfund Vs. Mega-Sites: The Coeur D'Alene River Basin Story, Clifford J. Villa

Faculty Scholarship

Stretching across the "panhandle" of northern Idaho, the Coeur d'Alene River Basin evokes a mixed sense of wonder. Within this vast region of mountains and marshes, forests and farmland, creeks and canyons, a vibrant mining industry emerged more than a century ago. Along with the mining industry came the mining towns-and the mining pollution. Over time, the volume of mining wastes discharged into waters of the Coeur d'Alene Basin reached Brobdingnagian proportions: enough waste to fill a football field with a pile four miles high.


Developments In Vessel-Based Pollution: The International Maritime Organization's Ballast Water Convention And The European Union's Regulation To Phase Out Single-Hull Oil Tankers, David Ciesla Jan 2003

Developments In Vessel-Based Pollution: The International Maritime Organization's Ballast Water Convention And The European Union's Regulation To Phase Out Single-Hull Oil Tankers, David Ciesla

Colorado Environmental Law Journal

No abstract provided.


Front Matter, Colorado Journal Of International Environmental Law And Policy Jan 2003

Front Matter, Colorado Journal Of International Environmental Law And Policy

Colorado Environmental Law Journal

No abstract provided.


Contemporary Issues Of The Convention On International Trade In Endangered Species Of Wild Fauna And Flora (Cites) And The Debate Over Sustainable Use, Saskia Young Jan 2003

Contemporary Issues Of The Convention On International Trade In Endangered Species Of Wild Fauna And Flora (Cites) And The Debate Over Sustainable Use, Saskia Young

Colorado Environmental Law Journal

No abstract provided.


The Global Light: An Analysis Of International And Local Developments In The Solar Electric Industry And Their Lessons For United States Energy Policy, Mark Detsky Jan 2003

The Global Light: An Analysis Of International And Local Developments In The Solar Electric Industry And Their Lessons For United States Energy Policy, Mark Detsky

Colorado Environmental Law Journal

No abstract provided.


Blame It On Rio: Biodiscovery, Native Title, And Traditional Knowledge, Matthew Rimmer Jan 2003

Blame It On Rio: Biodiscovery, Native Title, And Traditional Knowledge, Matthew Rimmer

Aboriginal Policy Research Consortium International (APRCi)

This article examines the legal responses to protect traditional knowledge of biodiversity in the wake of the Rio Convention on Biological Diversity. It considers the relative merits of the inter- locking regimes of contract law, environmental law, intellectual property law, and native title law. Part 1 considers the natural drug discovery industry in Australia. In particular , it looks at the operations of Amrad, Astra Zeneca R & D, and the Australian Institute of Marine Science. This section examines the key features of the draft regulations proposed under the Environment Protection and Biodiversity Conservation Act 1999 (Cth) - model contracts, …