Environmental Law Commons^™

Why Modernization Of The U.S Toxic Substances Law Is Good For Public Health And Business, Malcolm D. Woolf

Sustainable Development Law & Policy

No abstract provided.

Nanotechnologies: The Promise And The Peril, Jennifer Sass, Patrice Simms, Elliott Negin

Sustainable Development Law & Policy

No abstract provided.

The Color Of Katrina: A Proposal To Allow Disparate Impact Environmental Claims, Rachael Moshman, John Hardenbergh

Sustainable Development Law & Policy

No abstract provided.

Chemical Taking: Glyphosate And The Eradication Of Due Process In Colombia, David A. Wilhite

Sustainable Development Law & Policy

No abstract provided.

Fair Trade For All: How Trade Can Promote Development By Joseph Stiglitz And Andrew Charlton , Maria Vanko

Sustainable Development Law & Policy

No abstract provided.

Editors' Note, Kelly Rain, Maria Vanko

Sustainable Development Law & Policy

No abstract provided.

Protecting Our Oceans: New Challenges, New Solutions An Overview Of This Issue, David Freestone

Sustainable Development Law & Policy

No abstract provided.

Volume 7 Issue 1, Sustainable Development Law & Policy

Sustainable Development Law & Policy

No abstract provided.

Reviewing The United Nations Fish Stocks Treaty, David A. Balton, Holly R. Koehler

Sustainable Development Law & Policy

No abstract provided.

Unsustainable Marine Fisheries, Daniel Pauly

Sustainable Development Law & Policy

No abstract provided.

The Legal Implications Of Carbon Capture And Storage Under The Sea, Ray Purdy

Sustainable Development Law & Policy

No abstract provided.

Are Marine National Monuments Better Than National Marine Sanctuaries? U.S Ocean Policy, Marine Protected Areas, And The Northwest Hawaiian Islands, Robin Kundis Craig

Sustainable Development Law & Policy

No abstract provided.

Coastal And Port Environments: International Legal And Policy Responses To Reduce Ballast Water Introductions Of Potentially Invasive Species, Jeremy Firestone, James J. Corbett

Sustainable Development Law & Policy

No abstract provided.

Oceans And Climate Change: Global And Arctic Perspectives, Magdalena A.K. Muir

Sustainable Development Law & Policy

No abstract provided.

Global Aquaculture Alliance On Best Aquaculture Practices: An Industry Prepares For Sustainable Growth, Daniel Lee, John Connelly

Sustainable Development Law & Policy

No abstract provided.

Bibliography, Catherine Verdier

Sustainable Development Law & Policy

No abstract provided.

Rethinking The Kyoto Protocol: Are There Legal Solutions To Global Warming And Climate Change?, Douglas R. Williams, Anita Halvorssen, J. Kevin Healy, William Pizer, Jacob Werksman

All Faculty Scholarship

Professor Williams moderates a panel discussion of the Kyoto Protocol and potential solutions to climate change. Other participants include Anita Halvorssen, J. Kevin Healy, William Pizer, and Jacob Werksman.

Syringes In The Sea: Why Federal Regulation Of Medical Waste Is Long Overdue, Chryssa V. Deliganis, Steve P. Calandrillo

Georgia Law Review

The aftermath of Hurricane Katrina brought to the nation's attention the dangers of disease from unmanaged hazardous medical waste. Congress recognized this concern long ago when it passed the Medical Waste Tracking Act (MWTA), but since this program expired in the early 1990s, little of consequence has been done to regulate medical waste on the federal level. It is now time for a uniform federal system of medical waste regulation-one which (1) specifies minimum standards for handling, disposal, and treatment; (2) calls for nationwide tracking; (3) creates a regulatory framework for individual sources of medical waste; and (4) imposes civil …

Pakootas V. Teck Cominco Metals, Ltd.: Finding A Sustainable Solution To Transboundary Pollution, Kate Mcdonald

Georgia Law Review

Transboundary pollution has become an issue of increasing concern as scientists learn more about the global effects of industry pollutants and the harm they pose to human health. - Advances in our understanding of the environment opened the door to disputes over responsibility for prevention and mitigation of the harmful effects of pollutants and created a search for techniques for international conflict resolution. Recently, industrial pollution of the Columbia River resulted in a legal battle between Washington citizens and a Canadian corporation over who was financially responsible for restoring the health of a portion of the river lying within the …

Habitat Federalism, Robert L. Fischman

Articles by Maurer Faculty

THE COMMON IMAGE OF COOPERATIVE FEDERALISM INVOLVES the Environmental Protection Agency (EPA) inducing states to adopt permit and other pollution abatement programs. States can tailor some standards, but public health benchmarks and end-of-the-pipe technologies are uniform across the nation. Inducements include both carrots, mostly in the form of federal funds and flexibility, and sticks, mostly in the form of penalties and loss of control.

This essay discusses cooperative federalism for habitat conservation. Habitat federalism focuses more on ecology than chemistry, more on cities and counties than states, and more on place-based variation than on uniform standards. It is about how …

The Perils Of Defensive Conservation, Robert L. Fischman

Articles by Maurer Faculty

No abstract provided.

Mixed Blessings: The Great Lakes Compact And Agreement, The Ijc, And International Dispute Resolution, Austen L. Parrish

Articles by Maurer Faculty

For scholars of international law and international dispute resolution, the Great Lakes-St. Lawrence River Basin Water Resources Compact and Agreement may seem a mixed blessing. On the one hand, they promise environmental cooperation and management of the Great Lakes at an unprecedented scale. The agreements have been heralded as a tremendous advancement in state-provincial relations. On the other hand, international scholars should be nervous for what the agreements signify for international law and dispute resolution. The Compact and Agreement are remarkable for replacing an already functioning regulatory regime: the 1909 Boundary Waters Treaty, administered by the International Joint Commission.

This …

Planning The Funeral At The Birth: Extended Producer Responsibility In The European Union And The United States, Noah M. Sachs

Law Faculty Publications

This Article examines how governments in the world's two largest economies are diverging in their approaches to regulating hazardous products and packaging, with major ramifications for manufacturing, waste management, and trade. The European Union is implementing product-oriented environmental regulation based on the principle of Extended Producer Responsibility ("EPR"), which assigns responsibility to manufacturers to take back their products after consumers discard them. In theory, EPR could dramatically alter production practices by internalizing externalities from products and providing incentives for environmentally friendly design. However, practical problems of implementation raise questions about the effectiveness of EPR as a policy tool.

This Article …

Rapanos, Carabell, And The Isolated Man, Joel B. Eisen

Law Faculty Publications

We gather yet again this year at the University of Richmond to discuss the deplorable state of the Chesapeake Bay and the concerted effort needed to bring it back from the brink of death. The state of the Bay seems not much better than it did eleven years ago, when a group of wise souls who cared deeply about the Bay assembled at this law school to revisit the Kepone incident and call for more action to stem pollution in the Bay. To no one's surprise, unfortunately, that august group assembled in our Moot Court Room did not solve the …

Knowing Killing And Environmental Law, Lisa Heinzerling

Georgetown Law Faculty Publications and Other Works

My goal here is modest: I simply wish to defend the view that the moral commitment against knowing killing should play a role in decisions about environmental problems. In recent years, economic analysis has substantially succeeded in de-ethicizing environmental issues; this paper is part of an effort to re-ethicize them. In previous work, I have criticized the use of cost-benefit analysis in making decisions about the environment. One source of my criticism has been the mismatch between moral values and economic valuation. I have, however, tended to leave the moral values I have defended rather vaguely defined. In this paper, …

Epa's Mercury Cap And Trade Rule: An Environmental Injustice For Women, Rachel Kalman

Cardozo Journal of Equal Rights & Social Justice

The note critiques the EPA's Clean Air Mercury Rule (CAMR), arguing that it prioritizes economic interests over public health, particularly harming women of childbearing age and vulnerable populations. The rule's reliance on a cap and trade system, delayed implementation, and flawed risk assessment models underestimate mercury exposure risks, disproportionately affecting subsistence communities and low-income groups. The analysis advocates for stricter emissions standards under the Maximum Achievable Control Technology (MACT) framework and greater consideration of gender-specific health impacts in regulatory decisions.

Ninth Circuit Upholds The Corps' Adjacency Jurisdiction Over Wetlands, Jonathan Lew

Sea Grant Law Fellow Publications

No abstract provided.

Shaping Our Future, One Building At A Time, Colleen E. Morey

Public Interest Law Reporter

No abstract provided.

Dawn Of A New Era In The Extraterritorial Application Of U.S. Environmental Statutes: A Proposal For An Integrated Judicial Standard Based On The Continuum Of Context, Randall S. Abate

Journal Publications

Congress has the authority to enact laws beyond the territorial boundaries of the United States. However, whether Congress intended to exercise extraterritorial authority in a given statute is a matter for the courts to ascertain through statutory interpretation. When considering the reach of federal legislation, courts are guided by a presumption against extraterritoriality. Part I of this Article discusses the origins and evolution of the presumption against extraterritoriality before and after the landmark decision in Aramco. Part II addresses the continuum of context paradigm from Massey and describes the extraterritorial application of U.S. environmental statutes. Part III of the Article …

A Few Ironies Of Western Water Law, Reed D. Benson

Faculty Scholarship

We have a truly outstanding panel of speakers this morning to discuss issues and history relating to water resources in the American West. Water, of course, has always been scarce out here. Some nineteenth century maps of the United States had the words "Great American Desert" written broadly across the West, and that characterization reflected how many people viewed the West in that era. The story goes that President Grant sent a cabinet member to the West with orders to report back on "what it is they need out there." The secretary dutifully wrote back saying, "All this place needs …