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Environmental Law Commons

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2003

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Articles 31 - 60 of 344

Full-Text Articles in Environmental Law

New Opportunities For Native American Tribes To Pursue Environmental And Natural Resource Claims, Allan Kanner, Ryan Casey, Barrett Ristroph Oct 2003

New Opportunities For Native American Tribes To Pursue Environmental And Natural Resource Claims, Allan Kanner, Ryan Casey, Barrett Ristroph

Duke Environmental Law & Policy Forum

No abstract provided.


Environmental Dispute Resolution: An Anthology Of Practical Solutions, David C. Batson, Dustin P. Ordway Oct 2003

Environmental Dispute Resolution: An Anthology Of Practical Solutions, David C. Batson, Dustin P. Ordway

Buffalo Environmental Law Journal

No abstract provided.


Oct. 2003, Cao. Intent Behind Ifc's Safeguard Policies. Generally Accepted Interpretation For Audit Purposes., Cao Oct 2003

Oct. 2003, Cao. Intent Behind Ifc's Safeguard Policies. Generally Accepted Interpretation For Audit Purposes., Cao

CAO General 1999-Present

No abstract provided.


Paper Use And Recycling In Academic Libraries, Michele Calloway, Darren Callahan Oct 2003

Paper Use And Recycling In Academic Libraries, Michele Calloway, Darren Callahan

E-JASL: Electronic Journal of Academic and Special Librarianship (1999-2009, Volumes 1-10)

Conclusions

While it is difficult to predict what the future may hold in regard to paper use and recycling, without a doubt, academic libraries are sites of enormous consumption and they should be proactive in institutional improvements in waste management. A paperless society is unlikely to become a reality for a very long time, if ever, but what can libraries do now to discourage paper waste and encourage recycling? According to the results of this survey, libraries are taking steps to divert recyclables from the garbage. In the future, as people become even more accustomed to working in the electronic …


Title Page Oct 2003

Title Page

Southeastern Environmental Law Journal

No abstract provided.


Table Of Contents Oct 2003

Table Of Contents

Southeastern Environmental Law Journal

No abstract provided.


A Retrospective On Lucas V. South Carolina Coastal Council: Public Policy Implications For The 21st Century, Dana Beach, Kim Diana Connolly Oct 2003

A Retrospective On Lucas V. South Carolina Coastal Council: Public Policy Implications For The 21st Century, Dana Beach, Kim Diana Connolly

Southeastern Environmental Law Journal

No abstract provided.


Sovereignty Or The Precautionary Principle: Which Will Save Our Fish, Thomas A. Telesca Oct 2003

Sovereignty Or The Precautionary Principle: Which Will Save Our Fish, Thomas A. Telesca

Southeastern Environmental Law Journal

No abstract provided.


Transportation Planning Versus Air Quality: Does Winning The Battle Equate To Winning The War - Atlanta, Georgia, In The 21st Century, Natalie D. Alford Oct 2003

Transportation Planning Versus Air Quality: Does Winning The Battle Equate To Winning The War - Atlanta, Georgia, In The 21st Century, Natalie D. Alford

Southeastern Environmental Law Journal

No abstract provided.


Beyond The Dirty Dozen: The Bush Administration's Cautious Approach To Listing New Persistent Organic Pollutants And The Future Of The Stockholm Convention, Pep Fuller, Thomas O. Mcgarity Oct 2003

Beyond The Dirty Dozen: The Bush Administration's Cautious Approach To Listing New Persistent Organic Pollutants And The Future Of The Stockholm Convention, Pep Fuller, Thomas O. Mcgarity

William & Mary Environmental Law and Policy Review

No abstract provided.


Market Principles For Pesticides, Andrew P. Morriss, Roger E. Meiners Oct 2003

Market Principles For Pesticides, Andrew P. Morriss, Roger E. Meiners

William & Mary Environmental Law and Policy Review

No abstract provided.


The Brownfields Act: Providing Relief For The Innocent Or New Hurdles To Avoid Cercla Liability?, Spencer M. Wiegard Oct 2003

The Brownfields Act: Providing Relief For The Innocent Or New Hurdles To Avoid Cercla Liability?, Spencer M. Wiegard

William & Mary Environmental Law and Policy Review

No abstract provided.


Introduction To The Symposium: Pesticides: What Will The Future Reap?, Natasha C. Robinson Oct 2003

Introduction To The Symposium: Pesticides: What Will The Future Reap?, Natasha C. Robinson

William & Mary Environmental Law and Policy Review

No abstract provided.


Take It Or Leave It: The Supreme Court's Regulatory Takings Jurisprudence After Tahoe-Sierra, Justin W. Stemple Oct 2003

Take It Or Leave It: The Supreme Court's Regulatory Takings Jurisprudence After Tahoe-Sierra, Justin W. Stemple

William & Mary Environmental Law and Policy Review

No abstract provided.


Creation, Liberation, And Property: Virtues And Values Toward A Theocentric Earth Ethic, W. Wade Berryhill Oct 2003

Creation, Liberation, And Property: Virtues And Values Toward A Theocentric Earth Ethic, W. Wade Berryhill

Law Faculty Publications

Religion continues to play a significant role in shaping our attitudes toward nature.2 Time-honored principles of stewardship of the land demand that we owe a duty to future generations to allow them to inherit a healthy environment. Essential to this obligation is spiritual faith, not the trendy brand of secular humanism espoused by ecodogmatists seeking environmental justice through means unmoored from centuries-old principles of creation. What secular humanism ignores-and what religious traditions the world over have recognizedis the reality that we are a "creative expression of the earth's own evolution."3 Thus, in light of our duty to posterity, mere emphasis …


Under The Boardwalk: The Battle For Groins On South Carolina Beaches In South Carolina Coastal Conservation League V. South Carolina Department Of Health & Environmental Control, T. D. Williams Iv Oct 2003

Under The Boardwalk: The Battle For Groins On South Carolina Beaches In South Carolina Coastal Conservation League V. South Carolina Department Of Health & Environmental Control, T. D. Williams Iv

Southeastern Environmental Law Journal

No abstract provided.


Do Owners Have A Fair Chance Of Prevailing Under The Ad Hoc Regulatory Takings Test Of Penn Central Transportation Company?, F. Patrick Hubbard, Shawn Deery, Sally Peace, John P. Fougerousse Oct 2003

Do Owners Have A Fair Chance Of Prevailing Under The Ad Hoc Regulatory Takings Test Of Penn Central Transportation Company?, F. Patrick Hubbard, Shawn Deery, Sally Peace, John P. Fougerousse

Duke Environmental Law & Policy Forum

No abstract provided.


Nothing But Net: Renewable Energy And The Environment Midamerican Legal Fictions, And Supremacy Doctrine, Steven Ferrey Oct 2003

Nothing But Net: Renewable Energy And The Environment Midamerican Legal Fictions, And Supremacy Doctrine, Steven Ferrey

Duke Environmental Law & Policy Forum

No abstract provided.


An Analysis Of The Rights-Based Justification For Federal Intervention In Environmental Regulation, Daveed Gartenstein-Ross Oct 2003

An Analysis Of The Rights-Based Justification For Federal Intervention In Environmental Regulation, Daveed Gartenstein-Ross

Duke Environmental Law & Policy Forum

No abstract provided.


California Coastal Commission: Retroactivity Of A Judicial Ruling Of Unconstitutionality, Kristin Grenfell Oct 2003

California Coastal Commission: Retroactivity Of A Judicial Ruling Of Unconstitutionality, Kristin Grenfell

Duke Environmental Law & Policy Forum

No abstract provided.


Equitable Apportionment Of Ecosystem Services: New Water Law For A New Water Age, J.B. Ruhl Oct 2003

Equitable Apportionment Of Ecosystem Services: New Water Law For A New Water Age, J.B. Ruhl

Vanderbilt Law School Faculty Publications

This article examines the interstate water controversy between Florida, Georgia, and Alabama regarding allocation of water in the Apalachicola-Chattahoochee-Flint River Basin (ACF). The three states have been unable after 20 years of negotiation to resolve conflicts between urbanization in Atlanta, commercial uses in Alabama, and ecological protection in Florida. This article proposes that, were the states to seek apportionment of water by the Supreme Court under the Court's doctrine of equitable apportionment, the ecosystem services flowing within the ACF should be an integral allocation factor in deciding the flow regime Georgia and Alabama must ensure enters the Florida portion of …


Proposal For A Model State Watershed Management Act, J.B. Ruhl, C.L. Lant, Steven E. Kraft, Leslie A. Duram, Tim Loftus Oct 2003

Proposal For A Model State Watershed Management Act, J.B. Ruhl, C.L. Lant, Steven E. Kraft, Leslie A. Duram, Tim Loftus

Vanderbilt Law School Faculty Publications

During the Montana Constitutional Convention of 1889, John Wesley Powell, envisioning a landscape of watershed commonwealths, proposed that Montana adopt watersheds as the boundaries of its counties. The idea did not catch on. Over time, the power of local governments to regulate land use has grown immensely, but the misfit between their political boundaries and environmental policy problem sheds has persisted. As our understanding of ecosystem dynamics improves, however, natural resources management policy is gravitating, once again, to the watershed as an appropriate unit of governance. Many federal and state natural resource management initiatives have come on line in the …


Mass Toxic Tort Litigation And Class Action Rule Reform In The United States, Jason L. Betts Sep 2003

Mass Toxic Tort Litigation And Class Action Rule Reform In The United States, Jason L. Betts

ExpressO

The paper advances the proposition that mass toxic tort litigation has been the predominant driver of class action rule reform in the Unites States. Through three distinct phases of proposals to reform Rule 23 of the Federal Rules of Civil Procedure, the judicial and academic attitude to the certification of mass toxic torts has influenced the reform debate in radically different ways – initially by providing the catalyst for efforts to reform Rule 23; then as a dampener against significant reforms to Rule 23 in the wake of mass toxic tort “settlement-only” classes; and ultimately as an explanation for the …


Multilateral Environmental Agreements And The Compliance Continuum, Teall E. Crossen Aug 2003

Multilateral Environmental Agreements And The Compliance Continuum, Teall E. Crossen

ExpressO

This paper responds to the observation that despite the high number of multilateral environment agreements (“MEAs”), and relatively high compliance rate, the global commons are continuing to deteriorate. I review the contemporary literature addressing the question: "why nations comply with international law," focusing specifically on MEAs. The competing schools of thought are organized along a "compliance continuum," – bordered at one end by the Chayesian approach advocating managing compliance, and the Downsian view at the other, arguing for enforcement when there are high incentives to defect.

In sum, my conclusions are (1) adequately responding to global environmental problems requires increasing …


Ecocide And Genocide In Iraq: International Law, The Marsh Arabs And Environmental Damage In Non-International Conflicts, Aaron Schwabach Aug 2003

Ecocide And Genocide In Iraq: International Law, The Marsh Arabs And Environmental Damage In Non-International Conflicts, Aaron Schwabach

ExpressO

In 1991, after the first Gulf War, the Marsh Arabs of southern Iraq rose up against the Hussein government, with U.S. encouragement. The rebellion failed; in retaliation the government embarked on a massive water diversion project to drain the wetlands. In 1970 the wetlands covered nearly 11,000 square kilometers; today they cover fewer than a thousand. The Marsh Arabs whose ancestors had lived in the wetlands for five thousand years were forced to flee; many died. The drainage of the wetlands was a deliberate and calculated act of genocide and ecocide. At the time, Iraq was a party to several …


Takings Formalism And Regulatory Formulas: Exactions And The Consequences Of Clarity, Mark Fenster Aug 2003

Takings Formalism And Regulatory Formulas: Exactions And The Consequences Of Clarity, Mark Fenster

ExpressO

A vocal minority of the U.S. Supreme Court recently announced its suspicion that lower courts and state and local administrative agencies are systematically ignoring constitutional rules intended to limit, through heightened judicial review, exactions as a land use regulatory tool. Exactions are the concessions local governments require of property owners as conditions for the issuance of the entitlements that enable the intensified use of real property. In two cases decided over the past two decades, Nollan v. California Coastal Commission (1987) and Dolan v. City of Tigard (1994), the Court has established under the Takings Clause a logic and metrics …


Day 5. Friday, August 15, 2003: Rocky Mountain National Park, University Of Colorado Boulder. Natural Resources Law Center Aug 2003

Day 5. Friday, August 15, 2003: Rocky Mountain National Park, University Of Colorado Boulder. Natural Resources Law Center

Energy Field Tour 2003 (August 11-16)

1 page.

Contains references.


Day 4. Thursday, August 14, 2003: Hayden Power Plant, University Of Colorado Boulder. Natural Resources Law Center Aug 2003

Day 4. Thursday, August 14, 2003: Hayden Power Plant, University Of Colorado Boulder. Natural Resources Law Center

Energy Field Tour 2003 (August 11-16)

5 pages (includes color illustrations and maps).

Contains references.


Day 4. Thursday, August 14, 2003: Trapper Mine, University Of Colorado Boulder. Natural Resources Law Center Aug 2003

Day 4. Thursday, August 14, 2003: Trapper Mine, University Of Colorado Boulder. Natural Resources Law Center

Energy Field Tour 2003 (August 11-16)

8 pages (includes some color illustrations).

Contains references.


Day 3. Wednesday, August 13, 2003: Lighthawk Flyover, University Of Colorado Boulder. Natural Resources Law Center Aug 2003

Day 3. Wednesday, August 13, 2003: Lighthawk Flyover, University Of Colorado Boulder. Natural Resources Law Center

Energy Field Tour 2003 (August 11-16)

11 pages (includes some color illustrations and maps).

Contains references.