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Articles 421 - 450 of 522
Full-Text Articles in Environmental Law
Political Externalities, Federalism, And A Proposal For An Interstate Environmental Impact Assessment Policy, Noah D. Hall
Political Externalities, Federalism, And A Proposal For An Interstate Environmental Impact Assessment Policy, Noah D. Hall
Law Faculty Research Publications
Interstate environmental harms, which occur when decisions or actions in one state produce negative environmental impacts in another state, have challenged environmental law and American federalism for over a century. While even the strongest advocates of state primacy in environmental policy concede that interstate environmental harms necessitate federal governance, federal adjudication and regulation have had only modest success in addressing the problem. This is due, in part, to a failure to fully understand the causes of interstate environmental harms. This article provides a newframeworkfor understanding interstate environmental harms as political externalities caused by a combination of inadequate information, public process …
Massachusetts V Epa: Escaping The Common Law's Growing Shadow, Robert V. Percival
Massachusetts V Epa: Escaping The Common Law's Growing Shadow, Robert V. Percival
Faculty Scholarship
In its first full Term with its newest member, the U.S. Supreme Court marched decidedly to the right with decisions narrowing abortion rights, striking down affirmative action programs, invalidating campaign finance regulations, and making it more difficult for victims of employment discrimination to seek redress. In the face of this rightward shift the most surprising decision of the Term was the Court’s embrace of claims that the U.S. Environmental Protection Agency (EPA) had acted unlawfully by refusing to use the Clean Air Act to combat climate change. In Massachusetts v EPA, the Court held that EPA had the authority to …
Capture, Accountability, And Regulatory Metrics, Sidney A. Shapiro, Rena I. Steinzor
Capture, Accountability, And Regulatory Metrics, Sidney A. Shapiro, Rena I. Steinzor
Faculty Scholarship
No abstract provided.
21世纪环境法展望 (Environmental Law In The 21st Century), Robert V. Percival
21世纪环境法展望 (Environmental Law In The 21st Century), Robert V. Percival
Faculty Scholarship
After reviewing the history of environmental law, this article discusses some important lessons that can be learned from its successes and failures. It discusses the continued influence of common law notions of causal injury on the administrative state and how the globalization of environmental concerns is affecting environmental law throughout the world. It concludes by venturing some predictions concerning the future of environmental law.
El Surgimiento Del Derecho Ambiental Global, Robert V. Percival
El Surgimiento Del Derecho Ambiental Global, Robert V. Percival
Faculty Scholarship
Legal systems across the globe are responding to environmental concerns in surprising new ways. As nations upgrade their environmental standards, some are transplanting law and regulatory policy innovations derived from the experience of other countries, including nations with very different legal and cultural traditions. New national, regional, and international initiatives have been undertaken both by governments and private organizations. Greater cross-border collaboration between government officials, nongovernmental organizations, multinational corporations and other entities is shaping environmental policy in ways that blur traditional private/public land domestic/international distinctions. The result has been the emergence of a kind of “global environmental law” – law …
The Challenge Of Chinese Environmental Law, Robert V. Percival
The Challenge Of Chinese Environmental Law, Robert V. Percival
Faculty Scholarship
China faces some of the most difficult environmental problems in the world as rapid industrial growth has produced horrendous air and water pollution. How China’s government responds to these challenges will have profound effects on the global environment. This essay discusses how Chinese environmental laws are evolving to cope with these problems and the severe obstacles that Chinese authorities face. It notes that the highly decentralized nature of China’s system of environmental laws makes it difficult for the central government to implement and enforce the laws. The essay concludes that, despite some progress, the lack of an independent judiciary and …
Amicus Brief Of Economists Ackerman Et Al. In Entergy V. Riverkeepers, Douglas A. Kysar, David M. Driesen
Amicus Brief Of Economists Ackerman Et Al. In Entergy V. Riverkeepers, Douglas A. Kysar, David M. Driesen
College of Law - Faculty Scholarship
A group of academic economists filed this amicus brief in a pending Supreme Court case, Entergy v. Riverkeepers. The amicus brief addresses questions pertaining to the nature and limits of cost-benefit analysis (CBA) and thus contributes to the ongoing scholarly debate about CBA's role in environmental law. The case raises the question of whether EPA may consider CBA in writing standards based on the "best technology available for minimizing environmental impacts" from intake of water to cool industrial facilities. This intake kills fish and disrupts eco-systems. The brief explains that cost-benefit balancing may be inappropriate for an agency implementing foundational …
Brownfields And Brac: A Surprising "Compatibility", Joel B. Eisen
Brownfields And Brac: A Surprising "Compatibility", Joel B. Eisen
Law Faculty Publications
In Part I of this Article, I describe the BRAC process and compare it to the process for remediating abandoned or underused sites in state brownfields programs. I find that while the two systems are different in many significant respects, these differences do not overwhelm the commonalities inherent in comparing two systems that focus on remediating sites and transferring them to their new owners. In Part II, I describe the environmental remediation process of BRAC and positive "surprises" in terms of the statutory preference for finality in remedial actions and for public participation at sites being closed and the more …
Beyond The Liability Wall: Strengthening Tort Remedies In International Environmental Law, Noah M. Sachs
Beyond The Liability Wall: Strengthening Tort Remedies In International Environmental Law, Noah M. Sachs
Law Faculty Publications
Despite decades of effort, the international community has stumbled in attempts to craft tort remedies for victims of transboundary environmental damage. More than a dozen civil liability treaties have been negotiated that create causes of action and prescribe liability rules, but few have entered into force, and most remain unadapted orphans in international environmental law. In this Article, I explain the problematic record of tort liability regimes by developing a theoretical model of liability negotiations grounded in regime theory from political science. Based on this model, I conclude that negotiated liability regimes have foundered because of three main roadblocks: ( …
Beyond Manson And Lukolongo: A Critique Of American And Zambian Eyewitness Law With Recommendations For Reform In The Developing World, Nicholas A. Kahn-Fogel
Beyond Manson And Lukolongo: A Critique Of American And Zambian Eyewitness Law With Recommendations For Reform In The Developing World, Nicholas A. Kahn-Fogel
Faculty Scholarly Works
This article is a comparative analysis of U.S. and Zambian eyewitness law. I analyze the two countries' approaches to eyewitness law in the context of the longstanding debate on whether rules or standards best effectuate underlying social values. With regard to the United States, I conclude that either a rule or a standard for admission of eyewitness evidence could provide effective protection of defendants' due process rights while also promoting the societal interest in admitting reliable proof of guilt. I then conduct the first comprehensive analysis of Zambian eyewitness cases and conclude that Zambian eyewitness law is, in some ways, …
In The Wake Of Low V. Henry: Is Pre-Suit Discovery Now A Reality In Texas., John G. Lione Jr., Ryan W. Lione
In The Wake Of Low V. Henry: Is Pre-Suit Discovery Now A Reality In Texas., John G. Lione Jr., Ryan W. Lione
St. Mary's Law Journal
Following the Texas Supreme Court decision in Low v. Henry, the issue of whether an attorney may be liable for filing a “groundless pleading” has come to the forefront of Texas jurisprudence. This recent decision ought to pique Texas attorneys’ attention. In reprimanding egregious attorney conduct, did the Texas Supreme Court’s tightening of the Texas Rules of Civil Procedure increase the duties and responsibilities of all Texas attorneys by establishing what may amount to pre-suit discovery? Yet, courts presume pleadings and motions are filed in good faith, and the party seeking sanctions bears the burden of rebutting this presumption. The …
The Clean Water Act's Antidegradation Policy: Has It Been "Dumped"?, 42 J. Marshall L. Rev. 209 (2008), Katherine A. Zogas
The Clean Water Act's Antidegradation Policy: Has It Been "Dumped"?, 42 J. Marshall L. Rev. 209 (2008), Katherine A. Zogas
UIC Law Review
No abstract provided.
The Role Of Citizens In Environmental Decision-Making, Nicole M. Rovner
The Role Of Citizens In Environmental Decision-Making, Nicole M. Rovner
Richmond Journal of Law and the Public Interest
This article will describe five versions of the DEQ legislation from the bill's legislative journal: the bill as introduced, the bill that passed the General Assembly in 2007 with a reenactment clause, the bill introduced on behalf of proponents of board restructuring at the beginning of the 2008 session, the bill introduced on behalf of the restructuring bill's opponents, and the legislation that was enacted and will become effective on July 1, 2008. For each version of the bill, this article seeks to identify views regarding the nature of permitting decisions and the role of citizens in making those decisions.
The Public Lands And The National Heritage, Charles F. Wilkinson
The Public Lands And The National Heritage, Charles F. Wilkinson
UC Law Environmental Journal
No abstract provided.
Global Climate Change: Water Supply Risks And Water Management Opportunities, Brian E. Gray
Global Climate Change: Water Supply Risks And Water Management Opportunities, Brian E. Gray
UC Law Environmental Journal
No abstract provided.
Séances, Ciénegas, And Slop: Can Collaboration Revive The Colorado Delta?, Bret C. Birdsong
Séances, Ciénegas, And Slop: Can Collaboration Revive The Colorado Delta?, Bret C. Birdsong
Scholarly Works
Issues of transboundary allocation of water resources and its environmental effects are, virtually by their very nature, ones that require collaborative solutions. In the absence of international law norms and institutions to resolve sovereign claims to the waters of international rivers, much of the decisionmaking is left to the collaborative, or negotiated, arrangements between the countries involved and their respective domestic stakeholders. This Article examines collaborative efforts to allocate waters in the Colorado River basin as they relate to the lowest reaches of that great river, the ecologically important but very fragile Colorado River Delta in Mexico. Collaboration is sometimes …
Insurance For Pollution In Montana, Greg Munro
Insurance For Pollution In Montana, Greg Munro
Faculty Journal Articles & Other Writings
This article reviews those Montana State and federal decisions involving insurance for pollution. The article begins by breaking down pollution insurance policies into four types over four periods: 1) "accident" based policies before 1966; 2) "occurrence" based policies post 1966; 3) policies containing "standard" pollution exclusion from 1970 until 1986; and 4) policies containing an absolute pollution exclusion from 1986 to date. The discussion of case decisions relates back to these policies and periods.
The Role Of Citizens In Environmental Decision-Making, Nicole M. Rovner
The Role Of Citizens In Environmental Decision-Making, Nicole M. Rovner
Richmond Public Interest Law Review
This article will describe five versions of the DEQ legislation from the bill's legislative journal: the bill as introduced, the bill that passed the General Assembly in 2007 with a reenactment clause, the bill introduced on behalf of proponents of board restructuring at the beginning of the 2008 session, the bill introduced on behalf of the restructuring bill's opponents, and the legislation that was enacted and will become effective on July 1, 2008. For each version of the bill, this article seeks to identify views regarding the nature of permitting decisions and the role of citizens in making those decisions.
Climate Change, Intergenerational Equity, And International Law, Edith Brown Weiss
Climate Change, Intergenerational Equity, And International Law, Edith Brown Weiss
Georgetown Law Faculty Publications and Other Works
Climate change is an inherently intergenerational problem with extremely serious implications for equity between ourselves and future generations and among communities in the present and the future. More than twenty years ago I wrote an article entitled Climate Change, Intergenerational Equity and International Law. The basic issues and the analysis remain the same, though a number of international agreements relevant to climate change have been concluded since then.
Would It Be Unethical To Dump Radioactive Wastes In The Ocean? The Surprising Implications Of The Person-Altering Consequences Of Policies, Gregory S. Crespi
Would It Be Unethical To Dump Radioactive Wastes In The Ocean? The Surprising Implications Of The Person-Altering Consequences Of Policies, Gregory S. Crespi
Faculty Journal Articles and Book Chapters
This article examines whether policy-making is constrained by ethical obligations to future generations. While there is broad consensus that we have ethical obligations to implement policies that benefit distant future generations, the author deems it impossible to formulate a satisfactory rationale for this position based solely on conventional ethical premises. The author reaches this conclusion after considering the ethical implications of the pervasiveness of person-altering consequences.
Pesticides And Children: Unwitting Participants In Experimentation, Valerie Watnick
Pesticides And Children: Unwitting Participants In Experimentation, Valerie Watnick
Cardozo Journal of Equal Rights & Social Justice
The article argues that the regulatory system in the United States has failed to adequately protect children from the dangers of toxic pesticides, particularly Malathion and Lindane, which are used in shampoos despite their well-documented health risks. The Food Quality Protection Act (FQPA) was intended to address these risks but has not been effectively enforced, leaving children, especially those in underserved populations, vulnerable to severe health consequences. The continued approval of these harmful products highlights a broader regulatory failure to prioritize human health over industrial interests.
The Environmental Justice Act: Same Problems With No Solution?, Margaret Egan
The Environmental Justice Act: Same Problems With No Solution?, Margaret Egan
Public Interest Law Reporter
No abstract provided.
E-Cemeteries: Where Electronic Waste Never Dies, Jason Lewis
E-Cemeteries: Where Electronic Waste Never Dies, Jason Lewis
Public Interest Law Reporter
No abstract provided.
Jungle Litigation: Will The Victims Of The Oil Contamination In Ecuador Ever Recover? , Jessica Lienau
Jungle Litigation: Will The Victims Of The Oil Contamination In Ecuador Ever Recover? , Jessica Lienau
Public Interest Law Reporter
No abstract provided.
Automobile Emissions And Climate Change Impacts: Employing Public Nuisance Doctrine As Part Of A "Global Warming Solution" In California, Randall S. Abate
Automobile Emissions And Climate Change Impacts: Employing Public Nuisance Doctrine As Part Of A "Global Warming Solution" In California, Randall S. Abate
Journal Publications
The battle against climate change and its impacts in the United States must be waged on many fronts and requires many weapons. Until the federal government provides a comprehensive and mandatory legislative response to the climate change problem, gap-filling efforts such as regional, state, and local legislative initiatives and climate change litigation will be essential to achieve some progress in the ongoing challenge to combat the causes and effects of climate change. This Article focuses on one of those gap-filling efforts: public nuisance suits against power companies and automobile manufacturers for the climate change impacts caused by emissions from those …
Reflections On James N. Castleberry, Jr., Dean (1978-1989), St. Mary's University School Of Law Tribute., Charles E. Cantu
Reflections On James N. Castleberry, Jr., Dean (1978-1989), St. Mary's University School Of Law Tribute., Charles E. Cantu
St. Mary's Law Journal
Abstract Forthcoming.
Henry F. Johnson Professor Of Law (1981-2008), St. Mary's University School Of Law Tribute., Bonita K. Roberts
Henry F. Johnson Professor Of Law (1981-2008), St. Mary's University School Of Law Tribute., Bonita K. Roberts
St. Mary's Law Journal
As a way to deal with his loss, this eulogy honors Henry Johnson (1942-2008) by focusing on ten good things about him. As a former English teacher, he valued clarity and precision, which reflects another good thing about Henry: the importance of strong organization. His zest for travel enabled him to share voluminous details about countless countries around the world, including where the best restaurants and wineries were. No description would be complete without emphasizing his love for golf, but the most important thing about Henry was the way he cared for his family, friends, and animals.
My How You've Grown: The St. Mary's Law Journal Turns Forty Remark., Martin D. Beirne
My How You've Grown: The St. Mary's Law Journal Turns Forty Remark., Martin D. Beirne
St. Mary's Law Journal
Abstract Forthcoming.
Chapters In The History Of The Supreme Court Of Texas: Reconstruction And Redemption (1866-1882)., Hans W. Baade
Chapters In The History Of The Supreme Court Of Texas: Reconstruction And Redemption (1866-1882)., Hans W. Baade
St. Mary's Law Journal
Abstract Forthcoming.
It's About Time: The Need For A Uniform Approach To Using A Prior Conviction To Impact A Witness., Robert F. Holland
It's About Time: The Need For A Uniform Approach To Using A Prior Conviction To Impact A Witness., Robert F. Holland
St. Mary's Law Journal
In Texas, no uniform approach exists in determining whether to admit evidence of a prior conviction as a technique to impeach a witness. This lack of uniformity leads to significant consequences for the parties and poses a potential prejudicial effect on the truthful character of a witness. Furthermore, there is currently no bright-line judicial standard when evaluating the admissibility of certain prior convictions. Although the Texas Court of Criminal Appeals in Theus v. State provided a non-exhaustive set of factors for trial judges to consider, the court has yet to clarify particular aspects of how to properly apply Texas Rule …