Environmental Law Commons^™

Life In The Early Days Of Lawyer Advertising: Personal Recollections Of A Bates Baby The Fifth Annual Symposium On Legal Malpractice And Professional Responsibility: Foreword., Gerald S. Reamey

St. Mary's Law Journal

Abstract Forthcoming.

Tourism In Antarctica: History, Current Challenges And Proposals For Regulation, Juan Y. Harcha

LLM Theses and Essays

Tourism in the Antarctic has experienced rapid growth throughout the last fifteen years with over 30,000 people visiting the white continent during the 2005 - 2006 season. Such expansion offers a host of new activities for visitors to explore this immense wilderness, yet it brings considerable unease over the future of Antarctica. As of 1961, issues concerning the white continent have been dealt with under the Antarctic Treaty System, which has provided the forum for the discussion of numerous measures. This paper looks into the history of tourism, analyzes the main challenges such industry poses, and attempts an assessment of …

International Environmental Law: 2006 Annual Report, Jane C. Luxton, Lakshman Guruswamy, Kevin L. Doran

Publications

No abstract provided.

Can States Regulate Hydropower Dams As Dischargers Pursuant To Their Clean Water Certification Authority?, Robert H. Abrams

Journal Publications

Under §401 of the Clean Water Act, 33 U.S.C §13·n, to obtain a federal license for any activity that results in a "discharge into the navigable waters," the license applicant must obtain a certification from the state in which the activity takes place that the discharge complies with several aspects of state water-quality regulation under the Clean Water Act. A common setting in which this requirement has been applied is when a hydropower dam seeks to be relicensed by the Federal Energy Regulatory Commission (FERC).

Kyoto Or Not, Here We Come: The Promise And Perils Of The Piecemeal Approach To Climate Change Regulation In The United States, Randall S. Abate

Journal Publications

Climate change is a pervasive, yet controversial, problem. During the six months leading up to the Kyoto negotiations, President Clinton faced a major challenge when he tried to rally support at home for binding reductions on GHG emissions. Despite political and industry concerns about its potential economic impacts, the United States signed the Kyoto Protocol; however, the Bush administration withdrew from the Protocol in 2001. Part I of the Article analyzes the U.S. federal regulatory approach to climate change. Part II explores representative state, regional, and local attempts to combat climate change, whereas Part III describes voluntary compliance initiatives in …

Agriculture And The Polluter Pays Principle: An Introduction, Margaret R. Grossman Phd, Jd

Oklahoma Law Review

No abstract provided.

The Polluter Pays Principle In Canadian Agriculture, Marie-Ann Bowden

Oklahoma Law Review

No abstract provided.

The Polluter Pays Principle In European Community And Its Impact On United Kingdom Farmers, Michael Cardwell

Oklahoma Law Review

No abstract provided.

A Strategy For Developing Stationary Biodiesel Generation, Karl R. Rábago

Elisabeth Haub School of Law Faculty Publications

This paper discusses the drivers of change in the electricity system and the opportunities presented for biodiesel electric generation in this context. This paper also introduces the primary issues facing increased utilization of biodiesel—both those that challenge increased use of the fuel and those that support this use. Finally, the paper presents key elements of a strategy for realizing the potential of an electric generation infrastructure that incorporates more distributed biodiesel generation in the near term and even more distributed energy resources over the longer term.

Energy Efficiency: The Best Immediate Option For A Secure, Clean, Healthy Future, Richard L. Ottinger

Elisabeth Haub School of Law Faculty Publications

The imperatives for reducing the world’s dependence on fossil and nuclear fuels have multiplied manifold in recent years with the advent of worldwide terrorism. These new dangers come in addition to the imperatives of addressing the dire consequences of global warming and devastating pollution that accompany the use of these fossil fuels. Reducing dependence on these unsafe and unreliable energy resources should be a top global priority. Implementation of proven energy efficiency technologies offers the world the fastest, safest, most economic and most environmentally benign way to alleviate these threats. This article outlines available efficiency measures, their economic advantages and …

Crimes Against Nature, Robert F. Kennedy, Jr.

Elisabeth Haub School of Law Faculty Publications

It is a pleasure for me to be here at St. Thomas and to see so many great legal heroes ensconced in this university, including the president and so many others. As I was signing some copies of my book Crimes Against Nature, it occurred to me that the word “environment” does not appear in the book. I thought I would talk about that today. To me, the environment is the most critical battle because it is the most critical issue in our democracy. Democracy, really all government, is about how we distribute the goods of the land. The best …

Climate Change Litigation: The Federal Common Law Of Interstate Nuisance And Federalism Concerns, Benjamin P. Harper

Georgia Law Review

After political efforts have failed to deal with the problem of global climate change, some scholars have encouraged litigation as a possible solution to the problem. The case of Connecticut v. American Electric Power Co. represents one attempt to use the federal courts to combat greenhouse gas emissions. In American Electric eight state attorneys general and New York City sued five large out-of-state power companies for carbon dioxide emissions, basing the case on the federal common law theory of interstate public nuisance. This Note discusses the appropriateness of the interstate public nuisance theory and the obstacles to climate change litigation. …

Impediments To Environmental Justice: The Inequities Of The Maryland Standing Doctrine, Daniel W. Ingersoll Iv

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Exploring Disqualification Of Counsel In Texas: A Balancing Of Competing Interests The Fifth Annual Symposium On Legal Malpractice And Professional Responsibility., Rebecca Simmons, Manuel C. Maltos

St. Mary's Law Journal

Uncertainty over conduct which results in disqualification can be costly and the laws relating to disqualification may be widely known but their application is difficult. Rigid application of irrebuttable presumptions and imputation of knowledge may result in disqualification of a client’s chosen counsel. Even if an attorney succeeds in opposing a motion to disqualify, the resulting costs and delay may damage the attorney-client relationship more than if the attorney had simply declined the representation. Motions to disqualify usually arise from conflicts of interest involving former clients. The law of disqualification, in this instance, is well developed and largely based on …

Take The Money Or Run: The Risky Business Of Acting As Both Your Client's Lawyer And Bail Bondsman The Fifth Annual Symposium On Legal Malpractice And Professional Responsibility., Dayla S. Pepi, Donna D. Bloom

St. Mary's Law Journal

The American Bar Association strongly discourages lawyers from being bondsmen due to the conflicts that can arise when a criminal defense attorney acts as their client's bail bondsman. These same ethical dilemmas can also be encountered in posting a bond for a client in civil matters such as probate, family law, and appeals. In Texas, lawyers are exempt from the requirements of licensure as a bondsmen, including the requirement to maintain a particular level of security to underwrite the bonds. Nonetheless, lawyers are still required to conform to the requirements regulating the practice of bondsmen. It is not enough for …

Listening To All The Voices, Old And New: The Evolution Of Land Ownership In The Modern West, Charles Wilkinson

Publications

No abstract provided.

Livre Comércio E O Meio Ambiente, Darren Rosenblum

Faculty Publications

(Excerpt)

Primeiramente eu gostaria de agradecer a Cláudia Lima Marques por organizar esta interessante e empolgante conferência. Devo fazer um prefácio dos meus comentários dizendo que a minha bolsa se foca mais em leis de comércio internacional do que direito ambiental. Contudo é claro para mim que estas duas áreas estão substancialmente relacionadas, como ficará claro através da minha fala de hoje.

Esta apresentação se focará na questão do "livre comércio" nos Estados Unidos e o impacto doméstico no meio ambiente. Então, irei falar dos aspectos gerais do crescente sistema de comércio global. Finalmente irei fazer paralelos entre a economia …

Bridging The Divide: Examining The Role Of The Public Trust In Protecting Coastal And Wetland Resources, Kim Diana Connolly

Journal Articles

No abstract provided.

Mediation Success Or Failure: A Search For The Elusive Criteria, Jacob Bercovitch

Cardozo Journal of Conflict Resolution

One of the central issues in the field of conflict resolution concerns the degree to which we can define a mediated or negotiated outcome as successful. How do we know that an outcome meets the criteria of success? How can we evaluate it? For example, how would we define the conclusion of the Camp David talks, where President Carter so ably mediated between the parties, and which produced a historic agreement between Israel and Egypt in 1978? Was that ground-breaking agreement successful? There will be as many opinions on that as there are commentators, but few will stop and think …

An Unfair Advantage: Comparing The International Court Of Justice To A Form Of Adr And Why It Was Inappropriate For The Court To Issue An Advisory Opinion In The Case Of Israel's Separation Fence, Mimi Trenk

Cardozo Journal of Conflict Resolution

This Note will begin with a concise background of the ArabIsraeli conflict. It will then explain the three arguments presented to the Court as to why it should have declined to exercise jurisdiction and the Court's response. It will explore the similarities of non-binding arbitration, as a form of alternative dispute resolution, and the Advisory Opinion. It will then examine whether, in the interests of justice, it was appropriate for the Court to issue the opinion, even though it is considered to be non-binding. This Note will examine the Israeli Supreme Court as the proper forum to enforce the rights …

Fairness In The Air: California's Air Pollution Hearing Boards, Kenneth A. Manaster

Faculty Publications

This article is an update of my earlier article, "Administrative Adjudication of Air Pollution Disputes: The Work of Air Pollution Control District Hearing Boards in California." Because basic features of the law governing California's air pollution hearing boards have remained in place over the years, the original article reportedly continues to be useful for lawyers and others. Nonetheless, some important aspects of the law have changed, and so have many of the practices hearing boards follow. Furthermore, in many parts of the state, hearing boards now often face cases of far greater technical and legal complexity, and environmental and economic …

Safe Air For Everyone V. Meyer: Weeding Through The Resource Conservation And Recovery Act's Definition Of Solid Waste, Katherine E. Senior

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Earth Island Institute V. United States Forest Service: Cutting Down On Logging Proposals - A Successful Challenge, Kimberly P. Veerruso

Villanova Environmental Law Journal (1991 - )

No abstract provided.

A Growing Controversy: Genetic Engineering In Agriculture, Holly Beth Frompovicz

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Will Paradise Become A Parking Lot: The Debate Over The Bush Administration's Overhaul Of Forest Management Regulations, Katrina M. Kayden

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Endocrine Disruptors And Risk Assessment: Potential For A Big Mistake, Keith J. Jones

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Endangered Statute - The Current Assault On The Endangered Species Act, Philip Weinberg

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Defenders Of Wildlife V. Epa: Reconciling The Endangered Species Act And Clean Water Act Or Further Confusing The Statutory Overlap?, Mary Beth Hubner

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Interpreting The Clean Water Act's Citizen Suit Provision: Successor Landowner Liability For Inactive Mine Discharges In Sierra Club V. El Paso Gold Mines, Inc., Michael P. Zanan

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Adverse Possession And Conservation: Expanding Traditional Notions Of Use And Possession, Alexandra B. Klass

University of Colorado Law Review

At common law, very minimal actions were needed to establish the "exclusive possession " necessary to acquire land by adverse possession when the land was "wild" or undeveloped. This minimal burden to adversely possess wild lands, which is still the general rule today, stands in contrast to the much higher standard necessary to adversely possess developed lands. This article explores why the lesser standard for adverse possession of wild lands remains a threat to many of the millions of acres of land in this country that are still undeveloped. This article then proposes that courts modernize the adverse possession doctrine …