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Environmental Law Commons™

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2007

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Institution
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Articles 391 - 420 of 465

Full-Text Articles in Environmental Law

Book Review Of E-Cycling: Linking Trade And Environmental Law In The Ec And The U.S., Jennifer Sekula Jan 2007

Book Review Of E-Cycling: Linking Trade And Environmental Law In The Ec And The U.S., Jennifer Sekula

Library Staff Publications

No abstract provided.

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Lng Facility Siting And Environmental (In)Justice: Is It Time For A National Siting Scheme?, Eileen Gauna Jan 2007

Lng Facility Siting And Environmental (In)Justice: Is It Time For A National Siting Scheme?, Eileen Gauna

Faculty Scholarship

This Article examines the distributional and other environmental justice issues arising from the current initiative to rapidly site multiple LNG import facilities in order to increase the supply of natural gas into the continental United States. This Article further examines the necessity of creating a national siting scheme to avoid exacerbating existing racial disparities in risk-producing land use practices.

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The Politics Of Risk: Pre-Litigation Site Assessment In Houston, Texas, Gregg P. Macey Jan 2007

The Politics Of Risk: Pre-Litigation Site Assessment In Houston, Texas, Gregg P. Macey

Faculty Scholarship

No abstract provided.

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Judicial Review Of Arbitration Awards In The Fifth Circuit., Christopher D. Kratovil Jan 2007

Judicial Review Of Arbitration Awards In The Fifth Circuit., Christopher D. Kratovil

St. Mary's Law Journal

In the wake of a defeat in arbitration, trial lawyers seek appellate counsel looking for some method to escape the arbitrator’s decision. Most leave such offices disappointed after having been informed arbitration awards will be set aside by the courts “only in very unusual circumstances.” The Federal Arbitration Act (FAA) fully endorses arbitration and liberally encourages its use as an alternative to traditional litigation. Consistent with Congress’ focus on speed, efficiency, and cost reduction, a critical goal of arbitration is to establish “finality” at the earliest possible point. Unfortunately, early finality is antithetical to robust appellate proceedings. Yet, the FAA …

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The Storm Between The Quiet: Tumult In The Texas Supreme Court, 1911-21., Michael S. Ariens Jan 2007

The Storm Between The Quiet: Tumult In The Texas Supreme Court, 1911-21., Michael S. Ariens

St. Mary's Law Journal

The Texas Supreme Court from 1911–1921 is best known not for the law it made or the opinions it wrote, but for its failure to decide cases. Although the supreme court’s difficulty in clearing its docket existed before 1911, the number of outstanding cases exploded during the second decade of the twentieth century. Arguably, the issue of statewide prohibition and the divergent views held on that issue by members of the Texas Supreme Court was the driving force behind the disharmony and dysfunctionality of the court during this decade. Statewide prohibition explains why elections of candidates to the court were …

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Why Legal Ethics Rules Are Relevant To Lawyer Liability The Sixth Annual Symposium On Legal Malpractice And Professional Responsibility., Douglas R. Richmond Jan 2007

Why Legal Ethics Rules Are Relevant To Lawyer Liability The Sixth Annual Symposium On Legal Malpractice And Professional Responsibility., Douglas R. Richmond

St. Mary's Law Journal

The last two decades have witnessed the creation of a perilous liability environment for lawyers and law firms. Most discussions of lawyer liability begin with “legal malpractice,” a term which typically describes professional negligence. In a malpractice case, the plaintiff must prove the lawyer owed them a duty, the duty was breached, and the breach was the proximate cause of actual damages. The lawyer’s duty flows from the attorney-client relationship. But, the attorney-client relationship is also a fiduciary one, and lawyers may be sued for breach of the fiduciary duty. While these two causes of action are usually alleged simultaneously, …

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Dean Robert William Piatt Dedication., N/A N/A Jan 2007

Dean Robert William Piatt Dedication., N/A N/A

St. Mary's Law Journal

Abstract Forthcoming.

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Setting The Limits In Texas Construction Law: A Look At The Surety's Limitations Under Indemnity Agreements And Equitable Subrogation Comment., John C. Warren Jan 2007

Setting The Limits In Texas Construction Law: A Look At The Surety's Limitations Under Indemnity Agreements And Equitable Subrogation Comment., John C. Warren

St. Mary's Law Journal

To clarify divergent case law, Texas courts should adopt good faith as the necessary standard governing indemnity agreements. Texas court decisions limiting settlement of bond claims by sureties can be split into three categories: (1) those cases where indemnity agreements fail to vest authority in the indemnitee to settle claims or require a good faith standard; (2) those expressly stating indemnitees have authority to settle claims in good faith; and (2) those expressly vesting a surety with exclusive rights to determine which bonded claims should be settled. Under the first line of cases courts apply common law indemnity principles requiring …

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Broadening Narrow Perspectives And Nuisance Law: Protecting Ecosystem Services In The Acf Basin, Robert Haskell Abrams Jan 2007

Broadening Narrow Perspectives And Nuisance Law: Protecting Ecosystem Services In The Acf Basin, Robert Haskell Abrams

Journal Publications

The political stalemate among the neighboring states of Georgia, Alabama, and Florida over the cooperative management of the Apalachicola-Chattahoochee-Flint (ACF) River Basin has been chronicled in numerous articles in the past. This Article will canvas parallel ground in relation to the ACF Basin. In addition, this Article will consider the usual mantra about why the legal deck appears to be stacked against the bottom of the basin where the principal benefits of the water are derived from the ecological systems that are supported by a more natural flow regime. After that, however, the Article will explain how the greatly expanded …

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Environmental Law In The "New" Supreme Court, Robert Abrams Jan 2007

Environmental Law In The "New" Supreme Court, Robert Abrams

Journal Publications

In the 2006 term the United States Supreme Court issued plenary decisions in four environmental cases. As is usually the case, all four environmental cases that reached the Supreme Court presented nuanced questions of statutory interpretation, most of which were intertwined with administrative law issues. The decisions this term are of unusual importance, as all have significant aspects, either practical, precedential, or attitudinal. Additionally, two of the cases exhibit the 5-4 cleavage, so common in this term's decisions, in which Justice Kennedy is the outcome-determinative swing voter. On unusual occasions there are environmental cases decided by the Supreme Court that …

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Climate Change, The United States, And The Impacts Of Arctic Melting: A Case Study In The Need For Enforceable International Environmental Human Rights, Randall S. Abate Jan 2007

Climate Change, The United States, And The Impacts Of Arctic Melting: A Case Study In The Need For Enforceable International Environmental Human Rights, Randall S. Abate

Journal Publications

Climate change is currently the most significant and daunting international environmental problem, with disproportionate and devastating impacts on indigenous groups. The plight of the Inuit is illustrative of a larger need to recognize and enforce international environmental human rights violations. Part I of this Article examines the evolution of various approaches to environmental human rights theories in (1) United States law, (2) international human rights law instruments, and (3) the laws of other nations. Part II considers the scientific evidence and legal theory underlying the Inuit petition before the Inter-American Commission on Human Rights and explores how this scenario underscores …

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Appalachian Stereotypes And Mountain Top Removal, Jill M. Fraley Jan 2007

Appalachian Stereotypes And Mountain Top Removal, Jill M. Fraley

Scholarly Articles

The fight to save Appalachia from absolute devastation by mining companies has, thus far, been a losing battle. As the photographs recently published in Vanity Fair and Audubon so vividly proclaim, Appalachia—the great hidden forest of the United States—is still being laid to waste, mile by mile, despite the work of valiant activists. Although there have been numerous obstacles, the primary reason for failure is wrapped up in the image of Appalachia in the public consciousness. This single hurdle—the image of Appalachia—stands behind, buttressing numerous obstacles to ending mountain top removal mining.

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The Illegality Of Contingency-Fee Arrangements When Prosecuting Public Natural Resource Damage Claims And The Need For Legislative Reform, Julie E. Steiner Jan 2007

The Illegality Of Contingency-Fee Arrangements When Prosecuting Public Natural Resource Damage Claims And The Need For Legislative Reform, Julie E. Steiner

Faculty Scholarship

Private attorneys are entering into contingency-fee based special counsel agreements with states, territories and tribes, to bring public natural resource damage (NRD) claims. Under this agreement, special counsel brings a NRD action on behalf of the public and fronts the litigation costs, but deducts a percentage of the public's damage recovery to pay the attorney's contingency fee; the remainder goes into a fund to be allocated by the government's NRD trustee. Because NRD claims implicate gargantuan damage awards, the legality of depleting such a damage award by a substantial percentage to pay an attorney's fee is a significant issue that …

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From Walden To Wall Street: Frontiers Of Conservation Finance, Edited By James N. Levitt, Patrick J. Redmond Jan 2007

From Walden To Wall Street: Frontiers Of Conservation Finance, Edited By James N. Levitt, Patrick J. Redmond

Natural Resources Journal

No abstract provided.

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Multilateral Climate Change Mitigation, Elizabeth Burleson Jan 2007

Multilateral Climate Change Mitigation, Elizabeth Burleson

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

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National Security And Environmental Laws: A Clear And Present Danger?, Hope M. Babcock Jan 2007

National Security And Environmental Laws: A Clear And Present Danger?, Hope M. Babcock

Georgetown Law Faculty Publications and Other Works

Without question, life in the United States has changed significantly since September 11, 2001. The attacks launched from within the United States in broad daylight against non-military targets and innocent civilians, followed by the intentional dispersal of the biological agent anthrax, ushered in an era of uncertainty and fear in this country unlike any in recent memory. The visible manifestations of this fear are still with us--concrete barriers and the closing of public spaces around public buildings, heightened security at airports and train stations subjecting people to invasive searches of their persons and belongings, the sudden, seemingly random appearance of …

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Grotius, Ocean Fish Ranching, And The Public Trust Doctrine: Ride 'Em Charlie Tuna, Hope M. Babcock Jan 2007

Grotius, Ocean Fish Ranching, And The Public Trust Doctrine: Ride 'Em Charlie Tuna, Hope M. Babcock

Georgetown Law Faculty Publications and Other Works

Seventy percent of the world's fish populations are in serious decline; some have been fished to near extinction. While domestic and international efforts are underway to curb the rate at which the remaining fish are being depleted, the demand for fish appears to be outstripping these initiatives--before they can take hold, the fish may be gone. In response to this increasingly dire situation, many countries, including the United States, have turned to fish farming in hope of taking pressure off of certain wild stocks of fish while still meeting consumer demands for them. More recently, non-U.S. fish farmers have moved …

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Savings Clauses And Trends In Natural Resources Federalism, Robert L. Fischman, Angela King Jan 2007

Savings Clauses And Trends In Natural Resources Federalism, Robert L. Fischman, Angela King

Articles by Maurer Faculty

This article considers recent trends in federalism, with particular attention to natural resource law's statutory savings clauses. It begins with a case study of elk management in Jackson Hole, Wyoming. The elk controversy shows how a statutory savings clause can provide a state with traction to advance its interests, and demonstrates how the political winds of change can shift the balance of state-federal relations. The article then focuses on the common statutory savings clauses and their roles in circumscribing federal agency authority and establishing a basis for cooperation between federal and state governments. We analyze the interpretive approaches the judiciary …

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Joe Stell's Life, Career, & Contributions, Susan Kelly Jan 2007

Joe Stell's Life, Career, & Contributions, Susan Kelly

Water Matters!

Representative Joe Stell's retirement after 20 years in the New Mexico Legislature has many people wondering: How will we fare without his knowledge and history ofNew Mexico water matters? Stell viewed one of his most important roles as that of helping new legislators get up to speed on w ater issues. We hope that Water Matters! may assist in this role by providing legislators with background information on some of the issues they will encounter. The Utton Center also wanted to acknowledge Joe Stell's outstanding service to New Mexico, and we have therefore included a brief sketch about his career, …

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Parties' Defenses To Binding Arbitration Agreements In The Health Care Field & The Operation Of The Mccarran-Ferguson Act Comment., Elizabeth K. Stanley Jan 2007

Parties' Defenses To Binding Arbitration Agreements In The Health Care Field & The Operation Of The Mccarran-Ferguson Act Comment., Elizabeth K. Stanley

St. Mary's Law Journal

Arbitration is a process which allows parties voluntarily to refer their disputes to an impartial third person, an arbiter, selected by them to determine the parties’ rights and liabilities. Initially, arbitration was encouraged between corporate entities with equal bargaining power. But, due to federal policy favoring arbitration, the use of predispute arbitration agreements have increased dramatically, and such clauses can now be found in many noncommercial consumer contracts, especially those in the health care industry. The strong federal policy favoring arbitration originated with Congress’ passing of the Federal Arbitration Act (FAA). Under the FAA, an arbitration agreement is enforceable if …

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Microsoft Windows Vista: The Beginning Or The End Of End-User License Agreements As We Know Them Recent Development., Rebecca K. Lively Jan 2007

Microsoft Windows Vista: The Beginning Or The End Of End-User License Agreements As We Know Them Recent Development., Rebecca K. Lively

St. Mary's Law Journal

Microsoft Windows Vista’s widespread use and influence on the market represents an ideal case study on the enforceability, pitfalls, and future of the End-User License Agreement (EULA). Since the release of the Windows Vista operating system in early 2007, Microsoft consumers often do not realize they are entering into a contract with Microsoft when they install Windows Vista onto their computer. Microsoft consumers probably do not realize that they may be clicking away valuable rights. In analyzing the enforceability of the specific terms of the Windows Vista EULA, Washington law will be the primary source because the Windows Vista EULA …

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Table Of Contents, Colorado Journal Of International Environmental Law And Policy Jan 2007

Table Of Contents, Colorado Journal Of International Environmental Law And Policy

Colorado Environmental Law Journal

No abstract provided.

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Table Of Contents, Colorado Journal Of International Environmental Law And Policy Jan 2007

Table Of Contents, Colorado Journal Of International Environmental Law And Policy

Colorado Environmental Law Journal

No abstract provided.

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Negligence-Based Environmental Crimes: Failing To Exercise Due Care Can Be Criminal, Joseph J. Lisa Jan 2007

Negligence-Based Environmental Crimes: Failing To Exercise Due Care Can Be Criminal, Joseph J. Lisa

Villanova Environmental Law Journal (1991 - )

No abstract provided.

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Seeking Protection: Recognition Of Environmentally Displaced Persons Under International Human Rights Law, Brooke Havard Jan 2007

Seeking Protection: Recognition Of Environmentally Displaced Persons Under International Human Rights Law, Brooke Havard

Villanova Environmental Law Journal (1991 - )

No abstract provided.

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Cleaning Up Disaster Or Making More - A Look At Avenues Of Relief For Those Devastated By The Clean-Up Efforts Of Hurricane Katrina, Samatha Turino Jan 2007

Cleaning Up Disaster Or Making More - A Look At Avenues Of Relief For Those Devastated By The Clean-Up Efforts Of Hurricane Katrina, Samatha Turino

Villanova Environmental Law Journal (1991 - )

No abstract provided.

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Eagle Environmental Ii, L.P. V. Commonwealth: The Harms/Benefits Test And Appealing The Environmental Hearing Board - Who Decides The Standard Of Review, Meghan Flavin Jan 2007

Eagle Environmental Ii, L.P. V. Commonwealth: The Harms/Benefits Test And Appealing The Environmental Hearing Board - Who Decides The Standard Of Review, Meghan Flavin

Villanova Environmental Law Journal (1991 - )

No abstract provided.

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A Field Of Failed Dreams: Problems Passing Effective Ecoterrorism Legislation, Alyson B. Walker Jan 2007

A Field Of Failed Dreams: Problems Passing Effective Ecoterrorism Legislation, Alyson B. Walker

Villanova Environmental Law Journal (1991 - )

No abstract provided.

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Waste Management Disposal Services Of Pennsylvania V Dep: Considering The Parameters Of The Deliberative Process Privilege In The Ehb Setting, Megan E. Shutte Jan 2007

Waste Management Disposal Services Of Pennsylvania V Dep: Considering The Parameters Of The Deliberative Process Privilege In The Ehb Setting, Megan E. Shutte

Villanova Environmental Law Journal (1991 - )

No abstract provided.

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Images Of Expertise: Converging Discourses On The Use And Abuse Of Science In Massachusetts V. Epa, David S. Caudill Jan 2007

Images Of Expertise: Converging Discourses On The Use And Abuse Of Science In Massachusetts V. Epa, David S. Caudill

Villanova Environmental Law Journal (1991 - )

No abstract provided.

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