Environmental Law Commons^™

An Address To The Natural Resources Under The Bush Administration Symposium, Lynn Scarlett

Duke Environmental Law & Policy Forum

No abstract provided.

Natural Resources Policy Under The Bush Administration: Not What It Says, But What It Has Done In Court, William Perry Pendley

Duke Environmental Law & Policy Forum

No abstract provided.

The National Environmental Policy Act Today, With An Emphasis On Its Application Across U.S. Borders, Lois J. Schiffer

Duke Environmental Law & Policy Forum

No abstract provided.

Anything Industry Wants: Environmental Policy Under Bush Ii, Patrick Parenteau

Duke Environmental Law & Policy Forum

No abstract provided.

Roadless Reflections, Gloria Flora

Duke Environmental Law & Policy Forum

No abstract provided.

Endangered Species Act Innovations In The Post-Babbittonian Era—Are There Any?, J. B. Ruhl

Duke Environmental Law & Policy Forum

No abstract provided.

Klamath Farmers And Cappuccino Cowboys: The Rhetoric Of The Endangered Species Act And Why It (Still) Matters, Marcilynn A. Burke

Duke Environmental Law & Policy Forum

No abstract provided.

Endangered Species Act Innovations In The Post-Babbittonian Era--Are There Any?, J.B. Ruhl

Vanderbilt Law School Faculty Publications

One of the mysteries of environmental policy in the Bush Administration will be how and why it squandered an opportunity to continue market-based administrative reforms of the Endangered Species Act begun, ironically, in the Clinton Administration under the direction of then Secretary of the Interior Bruce Babbitt. This article traces the momentum built for reform in the Babbittonian era and examines what has not happened since then.

The Battle Over Endangered Species Act Methodology, J.B. Ruhl

Vanderbilt Law School Faculty Publications

The substantive contours of the Endangered Species Act (ESA) have been largely worked out for quite some time. Starting in the mid-1990s, however, opponents of Fish and Wildlife Service and National Marine Fisheries Service decisions realized that the methodological contours of the ESA were not nearly as settled as their substantive kin. Industry and environmental interests alike appreciate that how these methodological rules get worked out could revolutionize the ESA for decades to come, and during the 1990s they opened the debate over ESA methodology and have been going strong at it ever since. This Article explores the breadth and …

New Lobster Regulations Do Not Violate Atlantic Coastal Act,, Terry Boardman

Sea Grant Law Fellow Publications

No abstract provided.

Treatment As Tribe, Treatment As State: The Penobscot Indians And The Clean Water Act, William H. Rodgers, Jr.

Articles

No abstract provided.

Brief For American Public Health Association Et Al. As Amici Curiae Supporting Respondents, Department Of Transportation V. Public Citizen, No. 03-358 (U.S. Mar. 12, 2004), Hope M. Babcock, Lisa Goldman

U.S. Supreme Court Briefs

No abstract provided.

A Brief Examination Of The History Of The Persistent Debate About Limits To Western Growth, A. Dan Tarlock

All Faculty Scholarship

No abstract provided.

From Smokestack To Suv: The Individual As Regulated Entity In The New Era Of Environmental Law, Michael P. Vandenbergh

Vanderbilt Law Review

"A cardinal principle in dealing with every type of legal arrangement is to keep steadily in view the kinds of people to whom the directions of the arrangement in question are initially addressed-who the people are, in other words, who are expected to act or refrain from acting in accordance with the arrangement if it works successfully, and under what circumstances they are expected to act."

If asked to envision a polluter, most of us would describe a tall stack from a large industrial facility billowing smoke or a pipe releasing foaming liquid into a stream. The environmental laws and …

From Smokestack To Suv: The Individual As Regulated Entity In The New Era Of Environmental Law, Michael P. Vandenbergh

Vanderbilt Law School Faculty Publications

A debate between advocates of command and control regulation and advocates of economic incentives has dominated environmental legal scholarship over the last three decades. Both sides in the debate implicitly embrace the premise that regulatory measures should be directed almost exclusively at large industrial polluters. This Article asserts that for many pollutants the premise is no longer supportable, and that much of the focus of regulation in the future should turn to individuals and households. Examining a wide range of empirical data, the Article presents the first profile of individual behavior as a source of pollution. The profile demonstrates that …

Will The Wto Turn Green? The Implications Of Extending Observer Status To Multilateral Environmental Agreements, Richard L. Skeen

ExpressO

This article addresses whether the WTO should extend permanent observer status to multilateral environmental agreements and analyzes the impact of injecting environmental issues into the multilateral trading system. The paper begins with a chronological analysis of the transition from the GATT governance of international trade to the formation of the WTO and will also examine influences upon the formation and the agenda of the Committee on Trade and the Environment. The discussion continues with a look at the Committee on Trade and the Environment’s first year of progress and discussion of the critical report entitled Special Studies 4: Trade and …

Invasion Of The Clones: Animal Cloning And The Potential Implications On The Future Of Human Cloning And Cloning Legislation In The United States, The United Kingdom, And Internationally, Adrienne N. Calhoun

ExpressO

Cloning is an area of science that changes daily; with advances being made constantly. This technology has caused great controversy in the United States and across the world. The issue has raised religious, ethical, technical and legal concerns. This paper is broken into four parts in order to best address the complex area of cloning technology. Part one will be a review of the history of the science of cloning and the history of animal cloning. Part two will be a discussion of the risks and benefits of cloning. Part three will address ethical and religious concerns surrounding human cloning. …

Birds And Pesticides: Are Pesticide Regulatory Decisions Consistent With The Protection Afforded Migratory Bird Species Under The Migratory Bird Treaty Act?, Pierre Mineau

William & Mary Environmental Law and Policy Review

No abstract provided.

How Many Times Do I Have To Tell You?!: Epa's Ongoing Struggle With Data From Third-Party Pesticide Toxicity Studies Using Human Subjects, Heidi Gorovitz Robertson

William & Mary Environmental Law and Policy Review

No abstract provided.

In Re Starlink Corn: The Link Between Genetically Damaged Crops And An Inadequate Regulatory Framework For Biotechnology, Linda Beebe

William & Mary Environmental Law and Policy Review

No abstract provided.

Loggerhead Turtle V. County Council: The Future Of Fee Shifting In Environmental Litigation?, E. Carter Chandler

William & Mary Environmental Law and Policy Review

No abstract provided.

The Right To Trial By Jury In Environmental Cost-Recovery And Contribution Actions: United States V. England, Jonathan L. Mayes

ExpressO

No abstract provided.

Musculoskeletal Injuries Associated With Selected University Staff And Faculty In An Office Environment, R. Steven Konkel, Thomas F. Fisher, Carolyn Harvey

Environmental Health Science Faculty and Staff Research

A research team with backgrounds in occupational therapy, rehabilitation, policy and rulemaking, and prevention programs affecting occupational health and safety designed, validated, and analyzed an ergonomics survey of university staff and faculty. The purpose of the study was to validate identified risk factors from the literature contributing to work-related musculoskeletal disorders (WRMDs) in an office setting within a university setting. The study was also designed to determine differences between faculty and staff in the university setting and their exposure to physical risk factors to WRMDs. The results suggest faculty have their keyboard in awkward positions more frequently than staff, and …

Ecological Science For Lawyers: A Book Review, Fred P. Bosselman

All Faculty Scholarship

No abstract provided.

A Dozen Biodiversity Puzzles, Fred P. Bosselman

All Faculty Scholarship

No abstract provided.

The Clean Water Act And The Demise Of The Federal Common Law Of Interstate Nuisance, Robert V. Percival

Faculty Scholarship

No abstract provided.

A Perfect Storm: Mercury And The Bush Administration, Rena I. Steinzor, Lisa Heinzerling

Faculty Scholarship

In December 2003, the Environmental Protection Agency (EPA) proposed a rule for mercury emissions from power plants and issued a final rule for mercury emissions from chlor-alkali facilities. Regarding power plants, EPA had previously found that mercury posed the most serious threat among the hazardous air pollutants emitted by power plants, and also that regulation of mercury from power plants was appropriate and necessary under section 112 of the Clean Air Act, which requires stringent technology-based regulation for hazardous air pollutants. Despite section 112's clear rejection of emissions trading as a compliance option, EPA has proposed to allow commercial trading …

Evaluating The Use Of Good Neighbor Agreements For Environmental And Community Protection: Final Report, Douglas S. Kenney, Miriam Stohs, Jessica Chavez, Anne Fitzgerald, Teresa Erickson, University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

viii, 133 p. : forms ; 28 cm

Private Lands Conservation In Belize, Joan Marsan, University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

49 p. : map ; 28 cm

Private Lands Conservation In The U.S. Virgin Islands, Sonja Klopf, University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

61 p. ; 28 cm