Environmental Law Commons^™

The Green Development Movement: Smart Growth With A Green Label, Patricia E. Salkin

Scholarly Works

No abstract provided.

Obstacles To The Devolution Of Environmental Protection: States’ Self-Imposed Limitations On Rulemaking, Andrew Hecht

Duke Environmental Law & Policy Forum

No abstract provided.

Discretion And The Criminalization Of Environmental Law, Charles J. Babbitt, Dennis C. Cory, Beth L. Kruchek

Duke Environmental Law & Policy Forum

No abstract provided.

Preemption Of Common Law Claims And The Prospect For Fifra: Justice Stevens Puts The Genie Back In The Bottle, Jennifer S. Hendricks

Duke Environmental Law & Policy Forum

No abstract provided.

Use Of Lawyer-Client Privileged Information By In-House Counsel Whistleblowers In Their Own Retaliatory Discharge Actions Under The Environmental Laws, David A. Drachsler

Duke Environmental Law & Policy Forum

No abstract provided.

A Preservation Paradox: Political Prestidigitation And An Enduring Resource Of Wildness, Sandra B. Zellmer

Faculty Law Review Articles

The nation's preeminent preservation statute, the Wilderness Act of 1964, is now 40 years old. By authorizing a network of congressionally designated wilderness areas on public lands, the Act has proved invaluable for protecting special areas from the most intensive forms of intrusion by humankind But the Act is facing a midlife crisis, and legitimate questions have been raised about its continuing viability as a conservation tool. This Article concludes that the preservation of wild lands remains an essential component of federal public lands management, but that the Wilderness Act, standing alone, has not fulfilled its promise of securing an …

The Skyscraper, Green Design, & The Leed Green Building Rating System: The Creation Of Uniform Sustainable Standards For The 21st Century Or The Perpetuation Of An Architectural Fiction?, Stephen T. Del Percio

W&M Law Student Publications

No abstract provided.

Defining "Addition" Of A Pollutant Into Navigable Waters From A Point Source Under The Clean Water Act: The Questions Answered — And Those Not Answered — By South Florida Water Management District V. Miccosukee Tribe Of Indians, Steven A.G. Davison

All Faculty Scholarship

No abstract provided.

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

Faculty Publications

Cleveland was the site of one of the seminal events in environmental history. On the morning of June 22, 1969, a stray spark ignited oil and debris on the surface of the Cuyahoga River. The resulting fire attracted relatively little local attention in Cleveland, but became a national event. Subsequently, Time, National Geographic, and The New York Times all wrote about the fire. It even inspired a song by Randy Newman. By many accounts, it lit the spark that led to the passage of the Federal Clean Water Act.

There are some problems with the traditional story of the Cuyahoga …

“Ua Koe Ke Kuleana O Na Kanaka” (Reserving The Rights Of Native Tenants): Integrating Kuleana Rights And Land Trust Priorities In Hawai`I, Jocelyn B. Garovoy

ExpressO

No abstract provided.

Sept. 30, J. Kalafut, Bic, Email To Csos Re Day 3 Rio Discussing Safeguards, Jen Kalafut

IFC E&S Performance Standards

No abstract provided.

Sept. 23, 2004, Cso, Overall Matrix Comparing Pss With Safeguards, Ifc

IFC E&S Performance Standards

No abstract provided.

Sept. 22, 2004, Ifc, Draft Ltr From Ifc To Csos Defending Changes In Safeguards, Cao

CAO General 1999-Present

No abstract provided.

Sept. 17, 2005, Letter From D.Tallant, Cedha To P. Woicke, Exvp, Ifc, Commeting On Pol'y And Ps Consultation, Daniel Tallant

IFC E&S Performance Standards

No abstract provided.

Sept. 14, 2004, M. Miranda And J. Sohn, Wri Comments On Ifc Draft Policy, Marta Miranda, Jon Sohn

IFC E&S Performance Standards

No abstract provided.

Responsible Corporate Officers And Section 113(C)(6) Of The Clean Air Act: The Dormant Provision With A Useful Function, Peter C. White

ExpressO

The flurry of criticism over the addition of the responsible corporate officer provision to the Clean Air Act has focused on its application of strict liability and the mens rea requirement. Dotterweich and Park both applied what appeared to be strict liability for violations of the Food, Drug and Cosmetics Act. The fear was that non-culpable corporate officers would be held strictly liable, face not misdemeanor sanctions but the most severe felony penalties.

This fear was unfounded. No corporate officer was held strictly liable; public welfare offenses evolved as the courts conscientiously applied the “knowing” requirement to environmental statutes and …

Wireless Telecommunications, Infrastructure Security, And The Nimby Problem, Steven J. Eagle

ExpressO

This article explores the clash between federal policies encouraging wireless communications services and the application of local land use regulations to the siting of telecommunications towers. It concludes that Congress’s effort to strike a balance in the Telecommunications Act of 1996 between local concerns on one hand and national commerce and homeland security on the other has proved vague in content and susceptible to procedural thickets that might make local parochialism impervious to challenge. The article suggests statutory changes, including time limitations and the creation of presumptions and safe harbor rules, that might better balance infrastructure development needs with local …

Sept. 3, 2004, F. Mckay, Draft Comments On Ifc Proposed Ps 7 Indigenous Peoples, Fergus Mckay

IFC E&S Performance Standards

No abstract provided.

This Land Is Your Land (Our Right To The Environment), Victor B. Flatt

West Virginia Law Review

No abstract provided.

West Virginia's Seemingly Eternal Struggle For Fiscally And Environmentally Adequate Coal Mining Reclamation Bonding Program, Craig B. Giffin

West Virginia Law Review

No abstract provided.

Sept. 2004, Cao, Comparative Matrix Of Accountability Mechanisms, Cao

CAO General 1999-Present

No abstract provided.

Suburban Sprawl, Jewish Law, And Jewish Values, Michael E. Lewyn

ExpressO

The article explains how automobile-dependent suburban sprawl is in conflict with Jewish law and Jewish values. This is so in three ways. First, Jewish law requires Jews to make the poor self-supporting- but suburban sprawl creates welfare dependency by making it impossible for poor people without cars to reach jobs in auto-dependent suburbs. Second, Jewish law requires Jews to walk rather than ride to services on holy days- but in most low-density suburbs, very few people can live within walking distance of a synagogue (or anything else for that matter). Third, Jewish law has traditionally discouraged development of rural land …

Cap And Trade: How The Sulfur Dioxide Allowance Market Works, And How It Could Work Better, Jacob R. Kreutzer

ExpressO

This Article provides an overview of the sulfur dioxide allowances market, and identifies ways in which could be improved. This information can be used to improve the performance of the sulfur dioxide allowances market, and incorporated into new emissions allowance markets to improve their operation. Part I of this Article provides background information on the creation and operation of the sulfur dioxide allowances market. Part II reports and analyzes data regarding the actual behavior of the market from 1995 to 2003. Part III engages in an economic analysis of the interaction between the allowances market and the power industry. Part …

Aug. 12, 2004, Ifc, Disclosure Policy Review Briefing Note, Ifc

IFC E&S Performance Standards

No abstract provided.

Aug. 12, 2004, Ifc, Consultation Draft Policy And Perf. Stnds With D. Hunter Marginal Comments, Ifc

IFC E&S Performance Standards

No abstract provided.

Aug. 12, 2004, Ifc, Consultation Draft Ses Policy And Perf. Standards, Ifc

IFC E&S Performance Standards

No abstract provided.

Agenda: Energy Field Tour 2004, University Of Colorado Boulder. Natural Resources Law Center

Energy Field Tour 2004 (August 4-6)

Tour (day trips along the Front Range, originating in Boulder) held August 4-6, 2004.

Summary: Assorted articles, maps, brochures, and other materials prepared for participants of the tour

Contents:

2004 energy field tour agenda -- Mission and vision of the Natural Resources Law Center -- Natural Resources Law Center, University of Colorado School of Law : a brief introduction -- Boulder area street map 4 -- Chatauqua area map -- [Bus] Route 203/225 : Boulder/Lafayette/Baseline -- Boulder-Lafayette via Baseline [bus schedules]

WEDNESDAY, AUGUST 4, 2004: OIL & GAS PRODUCTION FACILITIES AND PLATTEVILLE GAS PROCESSING FACILITY: 'Our next shortage', The Washington …

Aug. 2, 2004, Ifc, Comments Of Essd And Leg Relating To Safeguard Policy Revision, Ifc

IFC E&S Performance Standards

No abstract provided.

It's A Small World After All: Making The Case For The Extraterritorial Application Of The National Environmental Policy Act, Browne C. Lewis

Law Faculty Articles and Essays

The purpose of this article is to illustrate why NEPA should be applied extraterritorially. For purposes of this article, extraterritorially means "beyond the territorial jurisdiction of the United States." Section One discusses the mandates of NEPA and its importance to the protection of the environment. In the second section, the article addresses the historic treatment of the issue of NEPA' s extraterritorial application by the legislative, executive and judicial branches. The third section analyzes the possible future treatment of the issue by those branches. The fourth section consists of a discussion of the reasons why NEPA should be applied extraterritorially. …

It's A Small World After All: Making The Case For The Extraterritorial Application Of The National Environmental Policy Act, Browne C. Lewis

Cardozo Law Review

No abstract provided.