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 271 - 300 of 344

Full-Text Articles in Environmental Law

Achieving Sustainable Development: The Centrality And Multiple Facets Of Integrated Decisionmaking, John C. Dernbach Jan 2003

Achieving Sustainable Development: The Centrality And Multiple Facets Of Integrated Decisionmaking, John C. Dernbach

Indiana Journal of Global Legal Studies

No abstract provided.

Go to article

Democracy In Global Environmental Governance: Issues, Interests, And Actors In The Mekong And The Rhine, Tun Myint Jan 2003

Democracy In Global Environmental Governance: Issues, Interests, And Actors In The Mekong And The Rhine, Tun Myint

Indiana Journal of Global Legal Studies

Globalization and Governance: The Prospects for Democracy, Symposium

Go to article

Foreword, Jessica Owley, Emma Garrison Jan 2003

Foreword, Jessica Owley, Emma Garrison

Articles

No abstract provided.

Go to article

Market Based Approaches To Environmental Preservation: To Environmental Mitigation Fees And Beyond, James C. Nicholas, Julian C. Juergensmeyer Jan 2003

Market Based Approaches To Environmental Preservation: To Environmental Mitigation Fees And Beyond, James C. Nicholas, Julian C. Juergensmeyer

Faculty Publications By Year

Impact fees are widely accepted and utilized across the United States as a technique to generate revenue for capital infrastructure improvements necessitated by new development. This article looks at the origination of impact fees, their legal framework, the extension of the concept towards environmental protection, and an alternative economic approach in environmental protection, “market based regulation.” Based upon techniques utilized primarily in the arenas of wetlands and air quality regulation, a concept of utilizing economic incentives for broader environmental protection is explored. Considerations of the legal framework evolved through impacts fees are then applied to possible implementation aspects of the …

Go to article

Forest Certification As Environmental Law Making By Global Civil Society, Errol E. Meidinger Jan 2003

Forest Certification As Environmental Law Making By Global Civil Society, Errol E. Meidinger

Contributions to Books

Published in Social and Political Dimensions of Forest Certification, Errol Meidinger, Christopher Elliott & Gerhard Oesten, eds.

Go to article

The Fundamentals Of Forest Certification, Errol E. Meidinger, Christopher Elliott, Gerhard Oesten Jan 2003

The Fundamentals Of Forest Certification, Errol E. Meidinger, Christopher Elliott, Gerhard Oesten

Contributions to Books

Published in Social and Political Dimensions of Forest Certification, Errol Meidinger, Christopher Elliott & Gerhard Oesten, eds.

Go to article

[Sjd Dissertation On Public Participation In South And North Korean Environmental Laws], Byungchun So Jan 2003

[Sjd Dissertation On Public Participation In South And North Korean Environmental Laws], Byungchun So

Dissertations & Theses

The primary aim of this thesis is to explore public participation in the environmental decision-making process for potential benefits in developing Korean environmental laws. Public participation contributes to sustainable development through effective environmental management; in addition, it improves accountability and transparency in the decision-making processes of governmental agencies as a complementary measure of direct and participatory democracy. Therefore, public participation is crucial not only to environmental protection but also to the development of democracy—two major concerns of Korea in the new Millennium.

Go to article

No More Parking Lots: How The Tax Code Keeps Trees Out Of A Tree Museum And Paradise Unpaved, Francine J. Lipman Jan 2003

No More Parking Lots: How The Tax Code Keeps Trees Out Of A Tree Museum And Paradise Unpaved, Francine J. Lipman

Scholarly Works

No abstract provided.

Go to article

Taxing And Trading In Corporate Energy Activities: Pioneering Uk Reforms To Address Climate Change, Benjamin J. Richardson, Kiri L. Chanwai Jan 2003

Taxing And Trading In Corporate Energy Activities: Pioneering Uk Reforms To Address Climate Change, Benjamin J. Richardson, Kiri L. Chanwai

Articles & Book Chapters

The landscape of UK environmental law is changing rapidly, with important implications for British companies. In recent years, energy activities have surfaced from the relative backwaters of UK environmental regulation to occupy the limelight. The reason is climate change. As the scientific prognosis of global warming firmed, and evidence of the likely economic and ecological ramifications became better understood, authorities in the UK and abroad have sought new policies and laws to stem greenhouse gas emissions. European Union (EU) and international authorities have also come to regard our reliance on dirty fossil fuels and profligate energy consumption as the greatest …

Go to article

Healthy Forests Or An Invitation To Log?: Forest Practices Under The Bush Administration, Jan Chatten-Brown, Amy Minteer Jan 2003

Healthy Forests Or An Invitation To Log?: Forest Practices Under The Bush Administration, Jan Chatten-Brown, Amy Minteer

Public Interest Law Reporter

No abstract provided.

Go to article

Inordinate Chill: Bits, Non-Nafta Mits, And Host-State Regulatory Freedom- An Indonesian Case Study, Stuart G. Gross Jan 2003

Inordinate Chill: Bits, Non-Nafta Mits, And Host-State Regulatory Freedom- An Indonesian Case Study, Stuart G. Gross

Michigan Journal of International Law

A number of structural factors, which are beyond the immediate scope of this Note, may influence less wealthy countries to cave in to investor threats of arbitration, as Indonesia appears to have done here. However, their hesitancy to fight may also be based, in part, on an inadequate understanding of the applicable law, which allows investors to inordinately influence host-State decisions through threats of arbitration that have little or no chance of success. In regard to the mining companies' threat, this at least appears to be the case. As this Note will demonstrate, the GOI could have likely beaten the …

Go to article

The Toxic Mold Terrifying Texas: Mold's Hold On The Insurance Industry., Sylvia Pena-Alfaro Jan 2003

The Toxic Mold Terrifying Texas: Mold's Hold On The Insurance Industry., Sylvia Pena-Alfaro

St. Mary's Law Journal

It is imperative that more scientific research concerning the effects of mold be conducted to better understand the consequences of long-term exposure to mold. Because of home and building modifications to conserve energy, mold has been able to thrive. Reports of illnesses allegedly caused by mold exposure have increased. No scientific evidence, however, exists that conclusively links the illnesses to the effects of mold. Only a limited number of scientific studies exist showing just how harmful toxic mold can be, but there is disagreement as to whether the harmful effects of toxic mold can compromise the immune system to such …

Go to article

Telemedicine In Texas: Solving The Problems Of Licensure, Privacy, And Reimbursement., Gilbert Eric Deleon Jan 2003

Telemedicine In Texas: Solving The Problems Of Licensure, Privacy, And Reimbursement., Gilbert Eric Deleon

St. Mary's Law Journal

Abstract Forthcoming.

Go to article

Tactical Considerations In Defending Assigned Legal Malpractice Claims Essay., William D. Cobb Jr. Jan 2003

Tactical Considerations In Defending Assigned Legal Malpractice Claims Essay., William D. Cobb Jr.

St. Mary's Law Journal

Every Texas lawyer with a legal malpractice defense docket should be aware of the Zuniga rule and its possible exceptions. Although the general rule in Texas is that causes of action are freely assignable, because of the ruling in Zuniga v. Groce, Locke & Hebdon, legal malpractice causes of action are unassignable. The Texas Supreme Court declined to hear the case with the notation “writ refused” essentially adopting the lower court’s opinion as its own. Nonetheless, the decision in Zuniga did not resolve the problem of the insolvent judgment debtor, nor did Zuniga purport to invalidate all agreements that dispose …

Go to article

Iolta In The Balance: The Battle Of Legality And Morality Between Robin Hood And The Miser Recent Development., Katherine L. Smith Jan 2003

Iolta In The Balance: The Battle Of Legality And Morality Between Robin Hood And The Miser Recent Development., Katherine L. Smith

St. Mary's Law Journal

Interest on Lawyers Trust Account (IOLTA) programs recently survived a constitutional challenge. IOLTA programs require interest earned from trust accounts deposited with client money to fund legal services for the poor. Many states, including Texas, maintain a mandatory IOLTA program, requiring all lawyers who handle client funds to participate. Proponents of IOLTA argue it benefits civil justice. Opponents argue it is an unconstitutional taking in violation of the Fifth Amendment. The Fifth Circuit held IOLTA accounts to be an unconstitutional taking of client property. The Ninth Circuit, however, found IOLTA accounts constitutional, holding that IOLTA accounts are not a taking …

Go to article

Accountants' Accountability To Nonclients In Texas., Jessica P. Gomez Jan 2003

Accountants' Accountability To Nonclients In Texas., Jessica P. Gomez

St. Mary's Law Journal

This Comment proposes that accountants be held liable to any foreseeable user of their work product to ensure the deterrence of negligence on their part. Currently, the three main common law theories concerning whether nonclients can sue accountants for negligence are: (1) the privity rule; (2) the Restatement (Second) of Torts § 552; and (3) the foreseeability standard. Many states follow the Restatement approach entitled “Information Negligently Supplied for the Guidance of Others.” Texas imposes liability on accountants but fails to extend protections to third parties who rely upon the accuracy of financial statements. Further, Texas liability does not expose …

Go to article

Public Importance: Balancing Proprietary Interests And The Right To Know, Eric B. Easton Jan 2003

Public Importance: Balancing Proprietary Interests And The Right To Know, Eric B. Easton

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Go to article

Federal Preemption Of Tort Claims Under Fifra: The Erosion Of A Defense, Valerie Watnick Jan 2003

Federal Preemption Of Tort Claims Under Fifra: The Erosion Of A Defense, Valerie Watnick

University of Michigan Journal of Law Reform

With the growth of federal regulation in the last century, federal preemption of state law has been an evolving issue in the area of toxic torts litigation. The preemption doctrine occupies a particularly prominent place in the area of pesticide-related litigation as the judiciary has struggled to decide what, if any, tort claims are preempted by the Federal Insecticide Fungicide and Rodenticide Act of 1972 ("FIFRA "), the federal statute governing the sale and labeling of pesticides in the United States. In Etcheverry v. Tri-Ag Serv. Inc., 22 Cal. 4th 316, 93 Cal. Rptr2d 36 (2000), a case heard by …

Go to article

Overlooked Issues In The "Diligent Prosecution" Citizen Suit Preclusion, Jeffrey G. Miller Jan 2003

Overlooked Issues In The "Diligent Prosecution" Citizen Suit Preclusion, Jeffrey G. Miller

Elisabeth Haub School of Law Faculty Publications

Congress sought to attain full compliance with environmental statutes. It reasoned that multiple enforcers would provide more comprehensive and effective enforcement than one enforcer. Congress therefore empowered the Environmental Protection Agency (EPA), the states and private citizens as enforcers of the statutes. However, Congress worried that successive actions by multiple enforcers could bring disruption and conflict to enforcement litigation and remedies. It therefore included in the citizen suit provision of each statute a limited, three-element notice, delay, and bar preclusion device to manage successive citizens' enforcement against the violations already subject to government enforcement. The device generally bars citizens from …

Go to article

Priority, Probability, And Proximate Cause: Lessons From Tort Law About Imposing Esa Responsibility For Wildlife Harm On Water Users And Other Joint Habitat Modifiers, James R. Rasband Jan 2003

Priority, Probability, And Proximate Cause: Lessons From Tort Law About Imposing Esa Responsibility For Wildlife Harm On Water Users And Other Joint Habitat Modifiers, James R. Rasband

Faculty Scholarship

No abstract provided.

Go to article

A Different Kind Of "Republican Moment" In Environmental Law, Richard J. Lazarus Jan 2003

A Different Kind Of "Republican Moment" In Environmental Law, Richard J. Lazarus

Georgetown Law Faculty Publications and Other Works

The purpose of this Essay is to propose and discuss the possibility that the nation currently faces another, albeit very different, "republican moment" that may well test the future of environmental protection laws in the United States. This new "moment" has as its modifier an uppercase "Republican" rather than a lowercase "republican." While the latter "republican" invokes the political tradition referred to as "civic republicanism," the former "Republican" refers instead to the current National Republican Party. The "moment" facing environmental law is the virtually unprecedented ascendancy of the Republican Party in all three branches of the federal government.

Go to article

Nuclear Power Companies Suing The Department Of Energy: A Legal Remedy Magnifying Nuclear Ends, Leah Ayala Jan 2003

Nuclear Power Companies Suing The Department Of Energy: A Legal Remedy Magnifying Nuclear Ends, Leah Ayala

Nevada Law Journal

No abstract provided.

Go to article

It Is Not So Simply Because An Expert Says It Is So: The Reliability Of Gang Expert Testimony Regarding Membership In Criminal Street Gangs: Pushing The Limits Of Texas Rule Of Evidence 702., Placido G. Gomez Jan 2003

It Is Not So Simply Because An Expert Says It Is So: The Reliability Of Gang Expert Testimony Regarding Membership In Criminal Street Gangs: Pushing The Limits Of Texas Rule Of Evidence 702., Placido G. Gomez

St. Mary's Law Journal

The mechanisms developed by the criminal justice system addressing the criminal activities of street gangs, for the most part, have proved ineffective. The evolution of gangs, their complex structure, and multipurpose focus keep them one step ahead of law enforcement. The most recent weapon created to fight the war on gangs, the civil injunction, suffers from numerous inadequacies. One concern is that civil injunctions raise numerous constitutional concerns. Another is that these injunctions fall short of constitutional demands. Furthermore, the practical implementation of the injunction forces an analysis of the reliability of the gang expert’s testimony. This Article proposes courts …

Go to article

Novartis And The U.N. Global Compact Initiative, Lee A. Tavis Jan 2003

Novartis And The U.N. Global Compact Initiative, Lee A. Tavis

Vanderbilt Journal of Transnational Law

The U.N. Global Compact initiative evolved from a challenge posed by Secretary-General Kofi Annan to the business community at the World Economic Forum in Davos in January 1999. "I call on you--individually through your firms, and collectively through your business associations--to embrace, support, and enact a set of core values in the areas of human rights, labor standards and environmental practices." His vision is "to give a human face to the global market." Over a year of intense interaction among business chief executive officers and associations, non-governmental organizations, labor unions, and four U.N. agencies led to the formulation of nine …

Go to article

Billboards And Big Utilities: Borrowing Land-Use Concepts To Regulate "Nonconforming" Sources Under The Clean Air Act, Deepa Varadarajan Jan 2003

Billboards And Big Utilities: Borrowing Land-Use Concepts To Regulate "Nonconforming" Sources Under The Clean Air Act, Deepa Varadarajan

Faculty Publications

Part II of this Note provides an overview of how the regulatory framework has developed with regard to federal control technology requirements governing major stationary sources. It focuses on the statutory language of the 1970 Clean Air Act and the 1977 Clean Air Act Amendments and subsequent administrative and judicial interpretations. Part III examines the development of the land-use doctrine governing the regulation of preexisting nonconforming uses and highlights its theoretical similarities to the air pollution context. Part IV looks specifically at the jurisprudence surrounding the use of amortization provisions in the zoning context. By and large, a court's acceptance …

Go to article

What Happened To The Skeptical Environmentalist, David Schoenbrod, Christi Wilson Jan 2003

What Happened To The Skeptical Environmentalist, David Schoenbrod, Christi Wilson

Articles & Chapters

This essay focuses on the critical reaction to Bjorn Lomborg's book, The Skeptical Environmentalist. After the book was glowingly reviewed in the Washington Post, the Economist, and other influential publications, it was critically reviewed in Scientific American, Nature, and Science and criticized by environmental organizations. The criticism went beyond trying to show him wrong on environmental policy to claim that he should be disqualified as a participant in debates on environmental policy. The basis for the disqualification was that he does not understand the science or was disingenuous in his treatment of it. In analyzing this effort to disqualify him, …

Go to article

Children's Environmental Health - International Actions And Implications, Rebecca Kokish Jan 2003

Children's Environmental Health - International Actions And Implications, Rebecca Kokish

Colorado Environmental Law Journal

No abstract provided.

Go to article

A Nexus Of Trade And The Environment: The Relationship Between The Cartagena Protocol On Biosafety And The Sps Agreement Of The World Trade Organization, Terence P. Stewart, David S. Johanson Jan 2003

A Nexus Of Trade And The Environment: The Relationship Between The Cartagena Protocol On Biosafety And The Sps Agreement Of The World Trade Organization, Terence P. Stewart, David S. Johanson

Colorado Environmental Law Journal

No abstract provided.

Go to article

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.

Go to article

Saving Russia's Forests: The Finnish-Russian Development Program On Sustainable Forest Management And Conservation Of Biological Diversity In Northwest Russia, Jennifer M. Howard Jan 2003

Saving Russia's Forests: The Finnish-Russian Development Program On Sustainable Forest Management And Conservation Of Biological Diversity In Northwest Russia, Jennifer M. Howard

Colorado Environmental Law Journal

No abstract provided.

Go to article

First Prev Next Last