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Environmental Law Commons

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2005

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Articles 151 - 180 of 405

Full-Text Articles in Environmental Law

Title Page Apr 2005

Title Page

Southeastern Environmental Law Journal

No abstract provided.


Table Of Contents Apr 2005

Table Of Contents

Southeastern Environmental Law Journal

No abstract provided.


Stopping The Silver Bullet: How Recreational Fishermen Can Use The Public Trust Doctrine To Prevent The Creation Of Marine Reserves, Katryna D. Bevis Apr 2005

Stopping The Silver Bullet: How Recreational Fishermen Can Use The Public Trust Doctrine To Prevent The Creation Of Marine Reserves, Katryna D. Bevis

Southeastern Environmental Law Journal

No abstract provided.


Cooper Industries, Inc. V. Aviall Services, Inc.: A Superfast End To Voluntary Cleanups And Efficient Environmental Management, Callie Campbell Apr 2005

Cooper Industries, Inc. V. Aviall Services, Inc.: A Superfast End To Voluntary Cleanups And Efficient Environmental Management, Callie Campbell

Southeastern Environmental Law Journal

No abstract provided.


Power Future, Steven Ferrey Apr 2005

Power Future, Steven Ferrey

Duke Environmental Law & Policy Forum

No abstract provided.


Bovines And Global Warming: How The Cows Are Heating Things Up And What Can Be Done To Cool Them Down, Allison N. Hatchett Apr 2005

Bovines And Global Warming: How The Cows Are Heating Things Up And What Can Be Done To Cool Them Down, Allison N. Hatchett

William & Mary Environmental Law and Policy Review

No abstract provided.


State Responsibility And The High Seas Marine Environment: A Legal Theory For The Protection Of Seamounts In The Global Commons, Gregory D. Pendleton Apr 2005

State Responsibility And The High Seas Marine Environment: A Legal Theory For The Protection Of Seamounts In The Global Commons, Gregory D. Pendleton

Washington International Law Journal

At its latest session, the United Nations General Assembly urged States to consider a temporary ban on bottom trawling on the high seas. Bottom trawling technology causes extensive damage both to the habitat of deep sea living marine resources ("LMRs") and to the LMRs themselves. This damage is particularly acute at heavily fished undersea mountains known as seamounts. The pronouncement by the General Assembly, while certainly a positive step, is another unfortunate example of short-sighted fisheries management: instead of creating a legitimate protection regime—such as a moratorium or a system of High Seas Marine Protected Areas ("HSMPA")—for these rare and …


J.B. Ruhl's "Law-And-Society System": Burying Norms And Democracy Under Complexity Theory's Foundation, Jeffrey Rudd Apr 2005

J.B. Ruhl's "Law-And-Society System": Burying Norms And Democracy Under Complexity Theory's Foundation, Jeffrey Rudd

William & Mary Environmental Law and Policy Review

No abstract provided.


Environmental Justice Since Hammurabi: From Assigning Risk "Eye For An Eye" To Modern-Day Application Of The Responsible Corporate Offcer Doctrine, Peter C. White Apr 2005

Environmental Justice Since Hammurabi: From Assigning Risk "Eye For An Eye" To Modern-Day Application Of The Responsible Corporate Offcer Doctrine, Peter C. White

William & Mary Environmental Law and Policy Review

No abstract provided.


Sweeping The Mess Under Hanford's Rug: How The State Of Washington And Its Citizens Groups Plan To Clean It Up, Shannon E. West Apr 2005

Sweeping The Mess Under Hanford's Rug: How The State Of Washington And Its Citizens Groups Plan To Clean It Up, Shannon E. West

William & Mary Environmental Law and Policy Review

No abstract provided.


Fourth Circuit Summary, Samuel R. Brumberg, Christopher D. Supino Apr 2005

Fourth Circuit Summary, Samuel R. Brumberg, Christopher D. Supino

William & Mary Environmental Law and Policy Review

No abstract provided.


Brownfields Programs And Tax Incentives Are Stimulating The Redevelopment Of Brownfields Properties In North Carolina And South Carolina, Farah Rodenberger Apr 2005

Brownfields Programs And Tax Incentives Are Stimulating The Redevelopment Of Brownfields Properties In North Carolina And South Carolina, Farah Rodenberger

Southeastern Environmental Law Journal

No abstract provided.


The Ecology Of Breastfeeding, Kim Diana Connolly Apr 2005

The Ecology Of Breastfeeding, Kim Diana Connolly

Southeastern Environmental Law Journal

No abstract provided.


The Effectiveness Of The Endangered Species Act: A Quantitative Analysis, Martin F.J. Taylor, Kieran F. Suckling, Jeffrey J. Rachlinski Apr 2005

The Effectiveness Of The Endangered Species Act: A Quantitative Analysis, Martin F.J. Taylor, Kieran F. Suckling, Jeffrey J. Rachlinski

Cornell Law Faculty Publications

Population trends for 1095 species listed as threatened and endangered under the Endangered Species Act were correlated with the length of time the species were listed and the presence or absence of critical habitat and recovery plans. Species with critical habitat for two or more years were more than twice as likely to have an improving population trend in the late 1990s, and less than half as likely to be declining in the early 1990s, as species without. Species with dedicated recovery plans for two or more years were significantly more likely to be improving and less likely to be …


Editor’S Note, Scott Michael Edson Apr 2005

Editor’S Note, Scott Michael Edson

Duke Environmental Law & Policy Forum

No abstract provided.


Environmental Regulation, Energy, And Market Entry, Richard J. Pierce Jr. Apr 2005

Environmental Regulation, Energy, And Market Entry, Richard J. Pierce Jr.

Duke Environmental Law & Policy Forum

No abstract provided.


Coal-Fired Power In A Restructured Electricity Market, David B. Spence Apr 2005

Coal-Fired Power In A Restructured Electricity Market, David B. Spence

Duke Environmental Law & Policy Forum

No abstract provided.


Nuclear Futures, Joseph P. Tomain Apr 2005

Nuclear Futures, Joseph P. Tomain

Duke Environmental Law & Policy Forum

No abstract provided.


Address To The Environmental Regulation, Energy, And Market Entry Symposium, Suedeen G. Kelly Apr 2005

Address To The Environmental Regulation, Energy, And Market Entry Symposium, Suedeen G. Kelly

Duke Environmental Law & Policy Forum

No abstract provided.


The Environmental Responsibility Of The Regionalizing Electric Utility Industry, Joel B. Eisen Apr 2005

The Environmental Responsibility Of The Regionalizing Electric Utility Industry, Joel B. Eisen

Duke Environmental Law & Policy Forum

No abstract provided.


Transmission Siting In Deregulated Wholesale Power Markets: Re-Imagining The Role Of Courts In Resolving Federal-State Siting Impasses, Jim Rossi Apr 2005

Transmission Siting In Deregulated Wholesale Power Markets: Re-Imagining The Role Of Courts In Resolving Federal-State Siting Impasses, Jim Rossi

Duke Environmental Law & Policy Forum

No abstract provided.


Can Wind Be A “Firm” Resource? A North Carolina Case Study, Lena M. Hansen Apr 2005

Can Wind Be A “Firm” Resource? A North Carolina Case Study, Lena M. Hansen

Duke Environmental Law & Policy Forum

No abstract provided.


Transmission Siting In Deregulated Wholesale Power Markets: Re-Imagining The Role Of Courts In Resolving Federal-State Siting Impasses, Jim A. Rossi Apr 2005

Transmission Siting In Deregulated Wholesale Power Markets: Re-Imagining The Role Of Courts In Resolving Federal-State Siting Impasses, Jim A. Rossi

Vanderbilt Law School Faculty Publications

During most of the twentieth century, state and local regulatory bodies coordinated the siting or power plants and transmission lines. These bodies focused on two important issues: 1) the determination of need, so as to avoid unnecessary economic duplication of costly infrastructure; and 2) environmental protection, so as to provide local land use and other environmental concerns input on the placement of necessary generation and transmission facilities. With the rise of a deregulated wholesale power market, the issue of need is increasingly determined by the market, not regulators. Environmental concerns with siting, however, frequently remain contested - especially locally - …


Draft- Civil Society Analysis Of Ifc's Proposed Performance Standard, Ifc Mar 2005

Draft- Civil Society Analysis Of Ifc's Proposed Performance Standard, Ifc

IFC E&S Performance Standards

No abstract provided.


Mar. 29, 2005, A. Durbin Foe. J. Frijns Banktrack Memo To Equator Banks Re Ifc Draft, Andrea Durbin Mar 2005

Mar. 29, 2005, A. Durbin Foe. J. Frijns Banktrack Memo To Equator Banks Re Ifc Draft, Andrea Durbin

IFC E&S Performance Standards

No abstract provided.


Public Agencies As Lobbyists, Jody Freeman Mar 2005

Public Agencies As Lobbyists, Jody Freeman

ExpressO

No abstract provided.


Teaching Property Stories, Laura S. Underkuffler Mar 2005

Teaching Property Stories, Laura S. Underkuffler

Journal of Legal Education

No abstract provided.


Water Justice In South Africa: Natural Resources Policy At The Intersection Of Human Rights, Economics, & Political Power, Rose Francis Mar 2005

Water Justice In South Africa: Natural Resources Policy At The Intersection Of Human Rights, Economics, & Political Power, Rose Francis

ExpressO

This paper analyzes water as a social justice issue in South Africa, a nation that has undergone tremendous political and legal transformations over the last fifteen years, but whose population nonetheless continues to suffer from severe inequities in access to freshwater resources. In light of growing water scarcity worldwide, this paper highlights that legal treatment of water resources has significant socioeconomic and distributive justice impacts, even in progressive constitutional democracies that have embraced principles of human rights and international legal norms. The paper explores historical changes in South African water law and evaluates the current political and legal status of …


Management-Based Strategies For Improving Private Sector Environmental Performance, Cary Coglianese, Jennifer Nash Mar 2005

Management-Based Strategies For Improving Private Sector Environmental Performance, Cary Coglianese, Jennifer Nash

ExpressO

Improvements in environmental quality depend in large measure on changes in private sector management. In recognition of this fact, government and industry have begun in recent years to focus directly on shaping the internal management practices of private firms. New management-based strategies can take many forms, but unlike conventional regulatory approaches they are linked by their distinctive focus on management practices, rather than on environmental technologies or emissions targets. This article offers the first sustained analysis of both public and private sector initiatives designed specifically to improve firms’ environmental management. Synthesizing the results of a conference of leading scholars and …


Soft Regulators, Tough Judges, Gerrit De Geest, Giuseppe Dari-Mattiacci Mar 2005

Soft Regulators, Tough Judges, Gerrit De Geest, Giuseppe Dari-Mattiacci

George Mason University School of Law Working Papers Series

Judges have a tendency to be more demanding than regulators. In the United States, a majority of the courts has adopted the rule that the unexcused violation of a statutory standard is negligence per se. However, the converse does not hold: compliance with regulation does not relieve the injurer of tort liability. In most European legal systems, the outcome is similar. We use a framework in which, on the one hand, the effects of tort law are undermined by insolvency and evidence problems and, on the other hand, regulation is expensive in terms of monitoring and information gathering. We show …