Environmental Law Commons^™

20th Annual Environmental Law Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law

Continuing Legal Education Materials

Materials from the 20th Annual Environmental Law Institute held by UK/CLE in March 2005.

Science, Judgment, And Controversy In Natural Resource Regulation, (With H. Doremus), A. Dan Tarlock

All Faculty Scholarship

Natural resource regulation is heavily "scientized," by which we mean both that the current regulatory structure requires the use of science in a wide range of decisions, and that decisionmakers generally emphasize the role of science in those decisions. Nonetheless, critics on all sides of the political spectrum claim to believe that regulatory decisions remain too political and insufficiently scientific. Administration of the Endangered Species Act (ESA) in the Klamath Basin illustrates the challenges of scientifically managing nature. A series of science-based decisions are needed, from species listing to consultation on federal actions. Those decisions carry substantial costs for the …

Environmental Justice, Eileen Gauna, Catherine A. O'Neill, Clifford Rechtschaffen

Faculty Scholarship

This white paper describes briefly the remarkable journey of community-based environmental justice advocates over the last 15 years and their impact on environmental regulation. It will also describe some of the empirical evidence of disparities and the regulatory dynamics that make these inequities an intractable problem, despite the collective efforts of grassroots leaders, environmental justice organizations, public interest law firms, and governmental officials. The paper then focuses on one important set of issues that must be tackled in order to achieve environmental justice: those involving injustice in risk regulation. We strive in this white paper, as allies in this collective …

Debacle In Dixie: A Story Of Six Rivers, Three States, Two Compacts And One Well-Paved Path, George William Sherk

Publications

No abstract provided.

Delawate River Basin Compact, Jeffrey Featherstone

Publications

No abstract provided.

The Use Of Alternative Dispute Resolution Techniques In The United States Air Force Environmental Conflicts, Nanci R. Pigeon

Theses and Dissertations

The use of alternative dispute resolution (ADR) in government disputes is mandated by the Administrative Dispute Resolution Act of 1990. The use of ADR to resolve disputes provides a quick and inexpensive resolution versus litigation. The Air Force currently has a very strong ADR program in place to resolve acquisition and workplace disputes. However, the varied conditions and situations of environmental issues have prevented the Air Force from achieving similar success in this area. This research analyzes the experiences of 26 Environmental Conflict Resolution Practitioners who have resolved environmental disputes using ADR techniques. Content analysis and pattern matching were used …

Battle Over Control Of Low-Level Radioactive Waste: Some States Are Overstepping Their Bounds, Melissa Beutler Orien

BYU Law Review

No abstract provided.

Organizational Misconduct: Beyond The Principal-Agent Model, Kimberly D. Krawiec

ExpressO

This article demonstrates that, at least since the adoption of the Organizational Sentencing Guidelines in 1991, the United States legal regime has been moving away from a system of strict vicarious liability toward a system of duty-based organizational liability. Under this system, organizational liability for agent misconduct is dependant on whether or not the organization has exercised due care to avoid the harm in question, rather than under traditional agency principles of respondeat superior. Courts and agencies typically evaluate the level of care exercised by the organization by inquiring whether the organization had in place internal compliance structures ostensibly designed …

Feb 14, 2005, Agenda, Participiants For Mtg On Ifc And Human Rights, Ifc

IFC E&S Performance Standards

No abstract provided.

Feb.2005, Ifc, Consultation Advisory Note 6, Releases Indicative Draft And Draft Guidance Notes, David Cowan

IFC E&S Performance Standards

No abstract provided.

Disappearing Defendants V. Judgment Proof Injurers: Upgrading The Theory Of Tort Law Failures, Giuseppe Dari-Mattiacci, Barbara Mangan

George Mason University School of Law Working Papers Series

Do injurers’ insolvency and victims’ reluctance to sue affect accident prevention in the same way? Are these circumstances less of a problem under the negligence rule than under strict liability? We argue, contrary to the literature, that the answer is, in most cases, negative and make three main points. First, the judgment proof problem and the disappearing defendant problem are shown to have different effects on injurers’ behavior and hence yield dissimilar levels of social welfare. Second, when these two problems occur simultaneously they may have offsetting effects. Third, the negligence rule is superior to strict liability only under some …

Protecting The Environment During Wartime, Daniel M. Bodansky

Popular Media

Woodruff Chair Daniel M. Bodansky explores the impact of war on the environment and what can be done to protect precious resources during times of conflict. This article is drawn from a study completed in 2003 for the German Environment Agency, “Legal Regulation of the Effects of Military Activity on the Environment” (Erich Schmidt Verlag, 2003).

What You Don't Know Can Hurt You: The Importance Of Information In The Battle Against Environmental Class And Racial Discrimination, Browne C. Lewis

William & Mary Environmental Law and Policy Review

No abstract provided.

Dam(N) How Times Have Changed..., Peter M. Lavigne

William & Mary Environmental Law and Policy Review

No abstract provided.

The Best Scientific Evidence Available: The Whaling Moratorium And Divergent Interpretations Of Science, A. W. Harris

William & Mary Environmental Law and Policy Review

No abstract provided.

Mindless Guilt: Negative Aspects Of State Environmental Prosecutions Using The Public Welfare Exception, Aaron F. Kass

William & Mary Environmental Law and Policy Review

No abstract provided.

Jan. 31, 2005, Ifc, Indicative Dft Of Ess Policy And Perf Standards, Ifc

IFC E&S Performance Standards

No abstract provided.

Jan. 31, 2005, Ifc, First Draft, Guidance Notes For Pss, Ifc

IFC E&S Performance Standards

No abstract provided.

Jan. 26, 2005, Bic, Stepping Back, Examples Of Weakened Standards In The Ifc, Ifc

IFC E&S Performance Standards

No abstract provided.

Environmental Tribalism, Douglas A. Kysar, James Salzman

Cornell Law Faculty Publications

Recent writings by Dan Farber and J.B. Ruhl have put forward a strong case for "eco-pragmatic" and "radical middle" approaches to environmental policymaking. Rather than debate the merits of such an approach, in this Article we examine whether eco-pragmatic policy development is likely in practice and where it might occur, given the tribal nature of public environmental advocacy. We use the remarkably polarized reaction to Bjorn Lomborg's book, "The Skeptical Environmentalist," as a vehicle to explore the seemingly fundamental divide that exists between warring parties within the environmental law and policy communities. By offering a more complete understanding of why …

Risking It All, Lisa Heinzerling

Georgetown Law Faculty Lectures and Appearances

Thank you for inviting me here today. I feel privileged to deliver this lecture honoring Daniel Meador, a beloved alumnus, former Dean, and colleague.

I congratulate the organizers of this year's three-part lecture series for choosing the topic "Risk and the Law." The topic is timely, full of rich possibilities for analysis, and as contentious as any matter in legal academics today. If you attend all of the lectures - mine, plus those by Professors Simon and Sunstein - I believe you will begin to see why issues of risk are so important and so hard, and I am certain …

Environmental Law At Maryland, No. 20, Winter-Spring 2005

Environmental Law at Maryland

No abstract provided.

Governance Of International Institutions: A Review Of The North American Commission For Environmental Cooperation's Citizen Submissions Process, David L. Markell

Scholarly Publications

No abstract provided.

Editors' Note, Melanie Nakagawa, Kirk Herbertson

Sustainable Development Law & Policy

No abstract provided.

Standing And Global Warming: Is Injury To All Injury To None?, Bradford Mank

Faculty Articles and Other Publications

Since global warming potentially affects everyone in the world, does any individual have standing to sue the U.S. EPA or other federal agencies to force them to address climate change issues? Suits addressing global warming raise difficult standing questions because some Supreme Court decisions have stated or implied that courts should not allow standing for plaintiffs who file suits alleging general injuries to the public at large because the political branches of government - Congress and the executive branch - are better equipped to resolve such issues. There is a better argument, however, for courts to recognize standing for plaintiffs …

Can Administrative Regulations Interpret Rights Enforceable Under Section 1983?: Why Chevron Deference Survives Sandoval And Gonzaga, Bradford Mank

Faculty Articles and Other Publications

There is a split in the circuits regarding whether and when agency regulations may establish rights enforceable through 42 U.S.C. Section 1983. In 1987, in Wright v. City of Roanoke, the Supreme Court held that a statute and regulations interpreting the statute could create enforceable rights under Section 1983, but left unclear to what extent it had relied on the regulations alone to reach this conclusion. The District of Columbia Circuit and Sixth Circuit have held that at least some valid federal regulations may create rights enforceable through Section 1983. Concluding that only Congress by enacting a statute may create …

What Is A Tragedy Of The Commons? Overfishing And The Campaign Spending Problem, Shi-Ling Hsu

Scholarly Publications

No abstract provided.

On The Role Of Cost-Benefit Analysis In Environmental Law: A Book Review Of Frank Ackerman And Lisa Heinzerling's Priceless: On Knowing The Price Of Everything And The Value Of Nothing, Shi-Ling Hsu

Scholarly Publications

Legal scholarship on the role of cost-benefit analysis in environmental law is often stimulating, but does not seem to be changing anybody's mind. The entrenchment of a camp of detractors and a camp of advocates of cost-benefit analysis parallels the impasse that has stymied environmental law for over a decade. Professors Frank Ackerman and Lisa Heinzerling have coauthored a book that captures most of the arguments from the detractor side, and they have done so skillfully and powerfully. However, this Review criticizes the book's contribution to perpetuating this intellectual stalemate. The book does this by focusing on an environmental theory …

A Scrivener's Error Or Greater Protection Of The Public: Does The Epa Have The Authority To Delist Low-Risk Sources Of Carcinogens From Section 112'S Maximum Achievable Control Technology Requirements?, Bradford Mank

Faculty Articles and Other Publications

This article will focus on the scope of the EPA's authority to delist categories and subcategories of sources, especially those emitting carcinogens.

This article concludes that the EPA's creation of a low-risk subcategory of PCWP sources is improper because the plain language of subsection 112(c)(9)(B)(i) limits the Agency's delisting authority to whole categories of carcinogenic sources. The EPA has failed to meet its heavy burden in attempting to demonstrate that Congress made a drafting error when it omitted the term "subcategory" in subsection 112(c)(9)(B)(i) for carcinogenic chemicals. The doctrine of scrivener's error is inapplicable to the plain language of subsection …

Education As A Lynchpin Of Development: Legal And Policy Considerations In The Formation Of The Education For All- Fast Track Initiative Catalytic Trust Fund , Sophie Smyth, Anna Triponel

Sustainable Development Law & Policy

No abstract provided.