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Environmental Law Commons

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2004

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Articles 271 - 300 of 409

Full-Text Articles in Environmental Law

Fighting Black Market And Oily Water: The Department Of Justice's National Initiatives To Combat Transnational Environmental Crime, Jim Rubin, Shata Stucky Jan 2004

Fighting Black Market And Oily Water: The Department Of Justice's National Initiatives To Combat Transnational Environmental Crime, Jim Rubin, Shata Stucky

Sustainable Development Law & Policy

No abstract provided.


Volume 4 Issue 2, Sustainable Development Law & Policy Jan 2004

Volume 4 Issue 2, Sustainable Development Law & Policy

Sustainable Development Law & Policy

No abstract provided.


Swancc: Full Of Sound And Fury, Signifying Nothing … Much?, 37 J. Marshall L. Rev. 1017 (2004), Jeremy A. Colby Jan 2004

Swancc: Full Of Sound And Fury, Signifying Nothing … Much?, 37 J. Marshall L. Rev. 1017 (2004), Jeremy A. Colby

UIC Law Review

No abstract provided.


Wto And Gmos: Analyzing The European Community's Recent Regulations Covering The Labeling Of Genetically Modified Organisms, Brian Schwartz Jan 2004

Wto And Gmos: Analyzing The European Community's Recent Regulations Covering The Labeling Of Genetically Modified Organisms, Brian Schwartz

Michigan Journal of International Law

This Note explores the compatibility of the EC's GMO regulations within the framework of the Agreement on the Application of Sanitary and Phytosanitary Measures ("SPS Agreement"), the Agreement on Technical Barriers to Trade ("TBT Agreement"), and the General Agreement on Tariffs and Trade 1994 ("GATT 1994" or "GAT"), all integral parts of the WTO Agreement. Part II presents arguments for or against the use of GM-products. Part III explores the concept of ecolabeling by analyzing the general goals of such programs, including the economic theory behind green consumerism and the characteristics necessary for effective schemes. Part IV describes the core …


Lessons From The Protracted Mox Plant Dispute: A Proposed Protocal On Marine Environmental Impact Assessment To The United Nations Convention On The Law Of The Sea, Maki Tanaka Jan 2004

Lessons From The Protracted Mox Plant Dispute: A Proposed Protocal On Marine Environmental Impact Assessment To The United Nations Convention On The Law Of The Sea, Maki Tanaka

Michigan Journal of International Law

Although the ITLOS order attempted to facilitate dialogue between the parties, the Tribunal was incapable of addressing the root cause of the MOX plant controversy, namely the lack of an adequate mechanism for transboundary environmental impact assessment at the onset of the conflict under UNCLOS. Similarly, the OSPAR and Annex VII tribunals have failed to bring about the efficient resolution of this procedural environmental dispute. This Article addresses the prevention of similar incidents by proposing the creation of a marine environmental impact assessment protocol to UNCLOS to make assessment procedures operational from the initial stage of controversial projects.


Applying International Trade Remedy Laws In The Caribbean: A Framework For Protection, Vasheist V. Kokaram Jan 2004

Applying International Trade Remedy Laws In The Caribbean: A Framework For Protection, Vasheist V. Kokaram

ILSA Journal of International & Comparative Law

What happens in the WTO is part of a broader pattern of neocolonialism in the global economy. This has two strands. The first is the self-interest of the major powers; their close ties with multinational companies ... and their willingness to use their political and economic strength to achieve their ends ...


Rainforest Chernobyl: Litigating Indigenous Rights And The Environment In Latin America, Steven R. Donziger Jan 2004

Rainforest Chernobyl: Litigating Indigenous Rights And The Environment In Latin America, Steven R. Donziger

Human Rights Brief

No abstract provided.


The Tick Of The Statute Of Limitations Clock: How The Frcd Preempts The State Law Accrual Date In Freier V. Westinghouse Electric Corporation, Karen S. Nabholz Jan 2004

The Tick Of The Statute Of Limitations Clock: How The Frcd Preempts The State Law Accrual Date In Freier V. Westinghouse Electric Corporation, Karen S. Nabholz

Villanova Environmental Law Journal (1991 - )

No abstract provided.


The Mold Rush: The Onslaught Of Mold-Related Bad Faith Suits Against Insurers And The Price For Homeowners, Kellie Maccready Jan 2004

The Mold Rush: The Onslaught Of Mold-Related Bad Faith Suits Against Insurers And The Price For Homeowners, Kellie Maccready

Villanova Environmental Law Journal (1991 - )

No abstract provided.


The Clean-Fuel Vehicle Tax Deduction: Will It Drive An Increase In Fuel Efficiency Standards, Heather Munoz Jan 2004

The Clean-Fuel Vehicle Tax Deduction: Will It Drive An Increase In Fuel Efficiency Standards, Heather Munoz

Villanova Environmental Law Journal (1991 - )

No abstract provided.


The Ehb: Dep's Friend Or Foe - Environmental Hearing Board Review, William Hofmann, Steven Horst Jan 2004

The Ehb: Dep's Friend Or Foe - Environmental Hearing Board Review, William Hofmann, Steven Horst

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Greater Yellowstone Coalition V. Flowers: Clearing The Irreparable Harm Hurdle In The Tenth Circuit To Protect Yellowstone Bald Eagles, Steven Sutton Jan 2004

Greater Yellowstone Coalition V. Flowers: Clearing The Irreparable Harm Hurdle In The Tenth Circuit To Protect Yellowstone Bald Eagles, Steven Sutton

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Canada’S 'Forgotten Forests': Or, How Ottawa Is Failing Local Communities And The World In Peri-Urban Forest Protection, Stepan Wood Jan 2004

Canada’S 'Forgotten Forests': Or, How Ottawa Is Failing Local Communities And The World In Peri-Urban Forest Protection, Stepan Wood

Comparative Research in Law & Political Economy

The forests found in Canada’s rapidly expanding urban fringes have been decimated by agricultural settlement and urban growth, yet they have been largely overlooked in Canadian forest policy debates. While these “peri-urban” forests fall mainly under provincial jurisdiction, this paper argues that the federal government has the authority and opportunity to negotiate a more active role for itself in this area. The paper assesses the federal government’s track record of international commitments and domestic action on peri-urban forests, canvassing developments in six policy areas: general principles; forest conservation and management; biodiversity and endangered species; land securement and ecological gifts; climate …


The Iucn Academy Of Environmental Law: Seeking Legal Underpinnings For Sustainable Development, Nicholas A. Robinson Jan 2004

The Iucn Academy Of Environmental Law: Seeking Legal Underpinnings For Sustainable Development, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

An article describing a “work in progress” can provide only a sketch of the initial plans for the new IUCN Academy of Environmental Law. As the Academy establishes its administrative secretariat, builds its research program, and fashions its collaborative teaching undertakings, the details of this further work will become clear. Their analysis must await the events. Nonetheless, the precedents to date portend a promising future, as illustrated by the launch in Shanghai, and the Academy's initial research into the environmental sustainability of contemporary energy law.


Tribal Sovereignty Over Water Quality, Jessica Owley Lippmann Jan 2004

Tribal Sovereignty Over Water Quality, Jessica Owley Lippmann

Elisabeth Haub School of Law Faculty Publications

No abstract provided.


The Law Of Words: Standing, Environment, And Other Contested Terms, David N. Cassuto Jan 2004

The Law Of Words: Standing, Environment, And Other Contested Terms, David N. Cassuto

Elisabeth Haub School of Law Faculty Publications

Friends of the Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc., 528 U.S. 167 (2000), exposes fundamental incoherencies within environmental standing doctrine, even while it ostensibly makes standing easier to prove for plaintiffs in environmental citizen suits. According to Laidlaw, an environmental plaintiff needs only to show personal injury to satisfy Article III's standing requirement; she need not show that the alleged statutory violation actually harms the environment. This Article argues that Laidlaw's distinction between injury to the plaintiff and harm to the environment is nonsensical. Both the majority and dissent in Laidlaw incorrectly assume that there exists an objective …


Theme And Variations In Statutory Preclusions Against Successive Environmental Enforcement Actions By Epa And Citizens, Part One: Statutory Bars In Citizen Suit Provisions, Jeffrey G. Miller Jan 2004

Theme And Variations In Statutory Preclusions Against Successive Environmental Enforcement Actions By Epa And Citizens, Part One: Statutory Bars In Citizen Suit Provisions, Jeffrey G. Miller

Elisabeth Haub School of Law Faculty Publications

This two-part Article examines the preclusion device, its legislative history, and the decisions interpreting it. Part One examines the device in citizen suit provisions. Part Two, to be published subsequently, will examine the device in EPA enforcement provisions. The two parts develop a unified interpretation of the device in both sets of enforcement provisions to resolve the tension between achieving compliance and protecting prosecutorial discretion. The Article concludes that Congress meant exactly what it wrote and enacted: the device solely precludes the successive enforcement it actually addresses. Several of the most common canons of statutory interpretation lead inexorably to this …


The Alaska Statehood Act Does Not Guarantee Alaska Ninety Percent Of The Revenue From Mineral Leases On Federal Lands In Alaska, Ivan L. Ascott Jan 2004

The Alaska Statehood Act Does Not Guarantee Alaska Ninety Percent Of The Revenue From Mineral Leases On Federal Lands In Alaska, Ivan L. Ascott

Seattle University Law Review

This Comment argues that Alaska's position that Congress purposefully incorporated the Mineral Leasing Act into the Statehood Act through section 28(b), and in doing so, permanently granted the state ninety percent of the revenues from mineral development on federal lands, is legally incorrect. The text of the Act simply does not support the position that mineral-lease and royalty proceeds from federal lands are part of Alaska's "compact." In addition, the legislative history of the Act does not support Alaska's position, nor does case law that has addressed related issues. Following this Introduction, Part II of this Comment expands on Alaska's …


Foggy Ridge, Muir Woods National Monument, Avinash Kar Jan 2004

Foggy Ridge, Muir Woods National Monument, Avinash Kar

UC Law Environmental Journal

No abstract provided.


Marine Sea Turtles And Shrimp Trawling: Interplay Between The U.S. Courts And The Wto Panels And Its Effect On The World Shrimp Industry, Takako Morita Jan 2004

Marine Sea Turtles And Shrimp Trawling: Interplay Between The U.S. Courts And The Wto Panels And Its Effect On The World Shrimp Industry, Takako Morita

UC Law Environmental Journal

No abstract provided.


West By Southwest, Robin Leslie Jacobson Jan 2004

West By Southwest, Robin Leslie Jacobson

UC Law Environmental Journal

No abstract provided.


Big Sur, Gunter Mihaescu Jan 2004

Big Sur, Gunter Mihaescu

UC Law Environmental Journal

No abstract provided.


Ensuring Durable Environmental Benefits Through A Collaborative Approach To Hydropower Re-Licensing: Case Studies, Avinash Kar Jan 2004

Ensuring Durable Environmental Benefits Through A Collaborative Approach To Hydropower Re-Licensing: Case Studies, Avinash Kar

UC Law Environmental Journal

No abstract provided.


Bates Beach, Jessica A. Duncan Jan 2004

Bates Beach, Jessica A. Duncan

UC Law Environmental Journal

No abstract provided.


China Beach, Jessica A. Duncan Jan 2004

China Beach, Jessica A. Duncan

UC Law Environmental Journal

No abstract provided.


Fish, Dams, And James Madison: Eighteenth-Century Species Protection And The Original Understanding Of The Takings Clause, John F. Hart Jan 2004

Fish, Dams, And James Madison: Eighteenth-Century Species Protection And The Original Understanding Of The Takings Clause, John F. Hart

Maryland Law Review

No abstract provided.


The Fable Of Federal Regulation: Reconsidering The Federal Role In Environmental Protection, Jonathan H. Adler Jan 2004

The Fable Of Federal Regulation: Reconsidering The Federal Role In Environmental Protection, Jonathan H. Adler

Faculty Publications

This essay posits that many federal environmental laws were adopted for the wrong rea- sons. Further, it suggests that environmental protections could be improved if more policy decisions were left in the hands of state and local governments.


New Sources, New Growth And The Clean Water Act, Jeffrey M. Gaba Jan 2004

New Sources, New Growth And The Clean Water Act, Jeffrey M. Gaba

Faculty Journal Articles and Book Chapters

This Article is discusses the means by which the federal Clean Water Act addresses the problem of growth in connection with the achievement and maintenance of water quality standards. The article discusses those existing water quality standards requirements that most directly affect the issue of growth. These include two distinct, and largely unrelated, sets of requirements. First, the Article discusses those provisions that affect the regulation of new or expanded discharges on waters not yet meeting water quality goals. These include, among others, the provisions of the TMDL process that address the allocation of waste loads to account for growth, …


Environmental Law, Jeffrey M. Gaba Jan 2004

Environmental Law, Jeffrey M. Gaba

Faculty Journal Articles and Book Chapters

No abstract provided.


Is Sue And Be Sued Language A Clear And Unambiguous Waiver Of Immunity., A. Craig Carter Jan 2004

Is Sue And Be Sued Language A Clear And Unambiguous Waiver Of Immunity., A. Craig Carter

St. Mary's Law Journal

Because “sue and be sued” language is ambiguous at best, courts should not find that this language is a waiver of immunity. Under Texas law, governmental entities—including the state, its agencies, and political subdivisions—are entitled to sovereign immunity from both suit and liability. For sovereign immunity to be applicable to governmental entities, sovereign immunity applies unless the legislature has clearly and unambiguously waived it. Although numerous Texas appellate courts have held that “sue and be sued” language is a waiver of sovereign immunity, the Texas Supreme Court has squarely addressed the issue only once, in Missouri Pacific Railroad Co. v. …