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Environmental Law Commons

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2005

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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 Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

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 …