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Articles 331 - 360 of 405
Full-Text Articles in Environmental Law
The Effectiveness Of The Nafta Environmental Side Agreement's Citizen Submission Process: A Case Study Of Metales Y Derivados, Tseming Yang
The Effectiveness Of The Nafta Environmental Side Agreement's Citizen Submission Process: A Case Study Of Metales Y Derivados, Tseming Yang
University of Colorado Law Review
No abstract provided.
Trail Smelter Déjà Vu: Extraterritoriality, International Environmental Law And The Search For Solutions To Canadian-U.S. Transboundary Water Pollution Disputes, Austen L. Parrish
Trail Smelter Déjà Vu: Extraterritoriality, International Environmental Law And The Search For Solutions To Canadian-U.S. Transboundary Water Pollution Disputes, Austen L. Parrish
Articles by Maurer Faculty
In the 1930s, a privately owned smelting plant in Trail, Canada was the focus of the most famous case in international environmental law: the Trail Smelter Arbitration. But the subject of that landmark case has not gone away. Over the last seventy years, the Trail smelter dumped millions of tons of mercury, arsenic, and toxic waste into the Columbia River. The dumping's effects have been felt in neighboring Washington State, where the toxic discharges have caused environmental harm. In 2003, the EPA began investigating the Washington border area for designation as a Superfund (CERCLA) site, and controversially demanded that the …
Unintentional Franchising., Mark H. Miller
Unintentional Franchising., Mark H. Miller
St. Mary's Law Journal
The focus of this Article is on honest businesses that do not realize they may be legally regulated as "franchisors" or "business opportunity sellers" and subject to potentially awful consequences due to noncompliance. This Article first discusses federal and other states' laws, then the Texas Business Opportunity Act (BOA), and finally, practical and litigation consequences.
Against Sustainable Development Grand Theory: A Plea For Pragmatism In Resolving Disputes Involving International Trade And The Environment, Robert F. Blomquist
Against Sustainable Development Grand Theory: A Plea For Pragmatism In Resolving Disputes Involving International Trade And The Environment, Robert F. Blomquist
Law Faculty Publications
No abstract provided.
The Story Of Vermont Yankee: A Cautionary Tale Of Judicial Review And Nuclear Waste, Gillian E. Metzger
The Story Of Vermont Yankee: A Cautionary Tale Of Judicial Review And Nuclear Waste, Gillian E. Metzger
Faculty Scholarship
This Essay explores the puzzle of Vermont Yankee v. NRDC. Vermont Yankee stands as a definitive rejection of judicial efforts to control burgeoning informal rulemaking by adding to the procedural requirements contained in the Administrative Procedure Act. Yet judicial expansion of the APA's procedural requirements has continued apace, and the Court's simultaneous sanction of searching substantive scrutiny sits oddly with its excoriation of the D.C. Circuit for that court's perceived procedural excesses. To understand Vermont Yankee, the Essay puts the decision in its administrative and judicial context, exploring the case law and practical dilemmas facing administrators, advocates, and judges as …
Why Environmental Liability Regimes In The United States, The European Community, And Japan Have Grown Synonymous With The Polluter Pays Principle, Eric T. Larson
Vanderbilt Journal of Transnational Law
Significant concern about the harm to the environment caused by the disposal of hazardous wastes and detrimental materials abounds. In response, regulators around the globe have struggled to develop environmental liability regimes that effectively remediate contaminated sites. Regulators in the United States, the European Community, and Japan have addressed environmental contamination concerns by adopting the polluter pays principle as a core component of their domestic environmental liability regimes. The polluter pays principle demands that the polluter bear the burden of remediating the waste it generates. The impetus for adoption of the polluter pays principle in the United States, the European …
Front Matter, Colorado Journal Of International Environmental Law And Policy
Front Matter, Colorado Journal Of International Environmental Law And Policy
Colorado Environmental Law Journal
No abstract provided.
Table Of Contents, Colorado Journal Of International Environmental Law And Policy
Table Of Contents, Colorado Journal Of International Environmental Law And Policy
Colorado Environmental Law Journal
No abstract provided.
Table Of Contents, Colorado Journal Of International Environmental Law And Policy
Table Of Contents, Colorado Journal Of International Environmental Law And Policy
Colorado Environmental Law Journal
No abstract provided.
The Ecology Of Breastfeeding, Kim Diana Connolly
The Ecology Of Breastfeeding, Kim Diana Connolly
Journal Articles
This essay reflects on the ecological advantages of breastfeeding, and argues that that laws promoting and supporting breastfeeding should be included among laws labeled as “environmental.”
Chevron Matters: How The Chevron Doctrine Redefined The Roles Of Congress, Courts And Agencies In Environmental Law, E. Donald Elliott
Chevron Matters: How The Chevron Doctrine Redefined The Roles Of Congress, Courts And Agencies In Environmental Law, E. Donald Elliott
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Ambiguity And Policy Making: A Cognitive Approach To Synthesizing Chevron And Mead, Peter M. Shane
Ambiguity And Policy Making: A Cognitive Approach To Synthesizing Chevron And Mead, Peter M. Shane
Villanova Environmental Law Journal (1991 - )
No abstract provided.
In Re Hoery V. United States: Compensating Homeowners For Loss Of Property Value Due To Toxic Pollution Under The Continuing Tort Doctrine, Elizabeth Ann Coleman
In Re Hoery V. United States: Compensating Homeowners For Loss Of Property Value Due To Toxic Pollution Under The Continuing Tort Doctrine, Elizabeth Ann Coleman
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Do Recent Studies Prove That Farmed Salmon Are Toxic - A Commentary On Whether The Current Fda Guidelines Adequately Protect Consumers From Potential Toxins In Farmed Salmon, Arthur Cutillo
Villanova Environmental Law Journal (1991 - )
No abstract provided.
This Dog Has Teeth... Cooperative Federalism And Environmental Law, Scott Josephson
This Dog Has Teeth... Cooperative Federalism And Environmental Law, Scott Josephson
Villanova Environmental Law Journal (1991 - )
No abstract provided.
It's Still Here - The Continuing Battle Over Asbestos In America, Jennifer L. Leonardi
It's Still Here - The Continuing Battle Over Asbestos In America, Jennifer L. Leonardi
Villanova Environmental Law Journal (1991 - )
No abstract provided.
The Manacled Octopus: The Unitary Executive And Epa Enforcement Involving Federal Agencies, William C. Tucker
The Manacled Octopus: The Unitary Executive And Epa Enforcement Involving Federal Agencies, William C. Tucker
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Rubber-Stamping V. Probing Review - The Judicial Role In Enforcing The Substantive Requirements Of The National Forest Management Act: Lands Council V. Powell, Jamie Kester
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Denying The Environment A Stay Of Execution Is Par For The Course: The Tenth Circuit's Analysis Of The Cwa And Nepa In Greater Yellowstone Coalition V. Flowers, Shaena Doherty
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Bp West Coast Productions, Llc V. Federal Energy Regulatory Commission: Using The Changed Circumstances Threshold For Oil Pipeline Rates To Re-Enforce The Terms Of Epact And To Further Its Policy Objectives, Alexandra Leidesdorf
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Aviall V. Cooper Industries: The Emerging Controversy Behind Cercla's Contribution Provision, Saleel V. Sabnis
Aviall V. Cooper Industries: The Emerging Controversy Behind Cercla's Contribution Provision, Saleel V. Sabnis
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Congress, Cave Bugs, Courts And The Commerce Clause: Did The Fifth Circuit Figure Out How To Regulate Intrastate Activity Under The Endangered Species Act, John Gregory Koch
Congress, Cave Bugs, Courts And The Commerce Clause: Did The Fifth Circuit Figure Out How To Regulate Intrastate Activity Under The Endangered Species Act, John Gregory Koch
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Inter-American System, Diego Rodriguez-Pinzon
Inter-American System, Diego Rodriguez-Pinzon
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Corporate Environmental Reporting As Informational Regulation: A Law And Economics Perspective, David W. Case
Corporate Environmental Reporting As Informational Regulation: A Law And Economics Perspective, David W. Case
University of Colorado Law Review
No abstract provided.
Enduring Optimism: Examining The Rig-To-Reef Bargain, Rachael E. Salcido
Enduring Optimism: Examining The Rig-To-Reef Bargain, Rachael E. Salcido
McGeorge School of Law Scholarly Articles
No abstract provided.
The International Law Of Environmental Warfare: Active And Passive Damage During Armed Conflict, Eric T. Jensen
The International Law Of Environmental Warfare: Active And Passive Damage During Armed Conflict, Eric T. Jensen
Vanderbilt Journal of Transnational Law
One of the constant elements of warfare is its degrading effects on the environment. Many writers blame this destruction of the environment on inadequate standards in the international law of environmental warfare. To remedy this shortfall, the international law of environmental warfare should be categorized as either passive or active environmental warfare. Active environmental warfare requires the intentional "use" of the environment as a weapon of waging armed conflict. Passive environmental warfare includes acts not specifically designed to "use" the environment for a particular military purpose but that have a degrading effect on the environment. Passive environmental warfare violates international …
Law, Geography And Cyberspace: The Case Of On-Line Territorial Privacy, Daniel Benoliel
Law, Geography And Cyberspace: The Case Of On-Line Territorial Privacy, Daniel Benoliel
Cardozo Arts & Entertainment Law Journal
Territorial privacy, one of the central categories of privacy protection, involves setting limit boundaries on intrusion into an explicit space or locale. Initially, the Restatement (Second) of Torts, which defined the privacy tort of intrusion as applied by courts, most notably designated two classes of excluded areas: "private" places in which the individual can expect to be free from intrusion, and "non-private" places, in which the individual does not have a recognized expectation of privacy. In the physical world, courts ultimately held, almost uniformly, that the tort of intrusion could not occur in a public place or in a place …
Superseding Attorney's Fees And Pre-Judgment Interest After House Bill 4., Jonathan Yedor, Regina M. Uhl
Superseding Attorney's Fees And Pre-Judgment Interest After House Bill 4., Jonathan Yedor, Regina M. Uhl
St. Mary's Law Journal
Supersedeas is a rule of procedure allowing a judgment debtor to suspend enforcement of a judgment “by posting security set by the trial court” during the pendency of an appeal. The purpose of it is to “protect[ ] the [prevailing] party [following trial and entry of judgment] from the risk of a later uncollectible judgment and [to] compensate[]’” the prevailing party “for delay in the entry of final judgment.” This means the changes are meant to ensure a judgment debtor does not lose the right to appeal simply because the bond on judgment is too expensive so as to be …
Questionable Summary Judgments, Appearances Of Judicial Bias, And Insurance Defense In Texas Declaratory-Judgment Trials: A Proposal And Arguments For Revising Texas Rules Of Civil Procedure 166a(A), 166a(B), And 166a(L)., Willy E. Rice
St. Mary's Law Journal
Economic necessity, expanding dockets, and judicial bias and unfairness are reasons for removing summary judgement practice from declaratory judgment trials in Texas. The Texas Supreme Court adopted the summary judgment rule primarily to prevent juries from considering arguably groundless causes, to reduce costs, and to increase "the efficient administration of justice." The Texas Supreme Court could prevent summary judgment practice in declaratory judgment cases. Texas's judges have the power to decide questions of fact and law when considering whether to award declaratory relief, negating the perceived need to entertain motions for summary relief. Trial judges must employ those doctrines to …
The Business Of Law And Tortious Interference The Fourth Annual Symposium On Legal Malpractice And Professional Responsibility., Alex B. Long
St. Mary's Law Journal
While few in the legal profession would refer to clients as “property”, it is difficult to think some lawyers do not believe they possess something similar to property rights in their retainer agreements with clients. Not surprisingly, a tortious interference claim is a viable option for an attorney who feels that another attorney has wrongfully “stolen” a client or otherwise interfered with the attorney’s “property.” Courts have traditionally been reluctant to hold attorneys liable for litigation conduct that results in harm to adversaries or their attorneys. Plaintiff-attorneys generally have a better chance of succeeding when they complain that another attorney—while …