Environmental Law Commons^™

The Past, Present And Future Of Title Vi Of The Civil Rights Act As A Tool Of Environmental Justice, Michael B. Gerrard, Nicholas Johnson, Peggy Shepard, Melva J. Hayden, Sheila Foster, Elizabeth Georges

Faculty Scholarship

Mr. Michael Gerrard: I am going to try to do something a little unconventional. After hearing some remarks from Professor Johnson, I will try to start a dialogue. I have been requested to ask very tough questions of our panelists, so I will do that in the hope of drawing all of you in the audience into the dialogue. First, we will hear some remarks from Professor Nicholas Johnson of Fordham University School of Law.

Still No Remedy After All These Years: Plugging The Hole In The Law Of Leaking Underground Storage Tanks, Jason M. Basile

Indiana Law Journal

No abstract provided.

Ozone Transport And The Clean Air Act: The Answers Are Blowin' In The Wind, Shari R. Desalvo

Cleveland State Law Review

This Note addresses the major provisions of the Clean Air Act that deal with the transport of ozone from one state to another. After an overview of the Act and specific sections dealing with ozone transport, the Note discusses the Environmental Protection Agency's (the "EPA") inconsistent interpretation and application of the Act, as exposed through the limited case law addressing this issue to date. Next, using the illustrative cases of Pennsylvania and Ohio, the Note discusses how Northeastern states are suffering economically and physically due to Midwestern pollution. This Note concludes that it is time for the EPA to stop …

The Field Citation Program Under The Clean Air Act: Can Epa Apply It To Federal Facilities?, Kevin J. Luster

William & Mary Environmental Law and Policy Review

No abstract provided.

Finding The Pearl In The Oyster: Strategies For A More Effective Implementation Of Virginia's Chesapeake Bay Preservation Act, Patrick J. Skelley Ii

University of Richmond Law Review

Since our nation's infancy, the Chesapeake Bay ("Bay") has been one of Virginia's natural treasures. The Bay is America's largest and historically most productive estuary, valued today as an economic resource, a wilderness sanctuary, and an aesthetic asset. Every year, commercial fishermen harvest blue crabs, oysters, and a multitude of fish species in mass quantities to satiate our desire for seafood. Nature aficionados can observe ospreys, laughing gulls, and other shorebirds taking their share of the Bay's bounty. From the -shoreline, quiet vacation homes overlook the waters across coves and inlets. Despite these idyllic images, the Bay has been facing …

Territoriality, Risk Perception, And Counterproductive Legal Structures: The Case Of Waste Facility Siting, Michael B. Gerrard

Faculty Scholarship

The siting of hazardous and nuclear waste facilities has proven to be a task of enormous difficulty in our federal system. In this Article, the Author argues that one of the major causal factors for this difficulty is that the legal regime surrounding waste facility siting decisions is not structured in a manner sensitive to the human factors involved. The siting of a hazardous waste facility is likely to generate a negative community response where the imposition of externally made decisions and externally generated wastes fails to take into account the innate human trait of territoriality. Territoriality is a powerful …

The Failure Of Federal Land Planning, Steven P. Quarles

The National Forest Management Act in a Changing Society, 1976-1996: How Well Has It Worked in the Past 20 Years?: Will It Work in the 21st Century? (September 16-18)

26 pages.

Zero Emission Vehicles: The Air Pollution Messiah? Northeastern States Mandate Zevs Without Considering The Alternatives Or Consequences, David Bennett

William & Mary Environmental Law and Policy Review

No abstract provided.

Jurisdiction To Review Agency Inaction Under Federal Environmental Law, Daniel P. Selmi

Indiana Law Journal

No abstract provided.

Annual Survey Of Virginia Law: Environmental Law, Henry R. Pollard V.

University of Richmond Law Review

Federal and Virginia courts and legislatures acted on a wide variety of environmental issues and topics in the June 1995 to June 1996 period. This article reviews the key environmental developments at the federal and state level from that period involving air, water, waste, Superfund, wetlands, and environmentally related constitutional, land use, and property tort law.

Texas Private Real Property Rights Preservation Act: A Political Solution To The Regulatory Takings Problem Comment., George E. Grimes Jr.

St. Mary's Law Journal

Increasing environmental regulation has resulted in an antiregulation backlash and the growth of a property rights movement. Unable to successfully use the courts to protect private property from diminution in value due to government regulations, property rights advocates have looked to the federal and state legislatures for assistance. This has led to some states and the United States Congress to introduce private property rights protection. This protection generally takes one of two forms. The first requires the government to assess the possible effect on property rights before enacting regulations. The second requires the government to compensate property owners for the …

Environmental Regulation Of Oil And Gas Development On Tribal Lands: Who Has The Authority?, Richard B. Collins, Tom Shipps, Marla Williams, University Of Colorado Boulder. Natural Resources Law Center

Environmental Regulation of Oil and Gas Development on Tribal Lands: Who Has the Authority? (November 1)

14 pages.

Collection of 3 papers presented at the Hot Topics in Natural Resources Law program held on Nov. 1, 1995.

Includes bibliographical references.

Contents:

Environmental regulation of oil and gas development on tribal lands : who has authority? / Richard Collins -- Environmental regulation of energy resource development on Indian reservation land / Tom Shipps -- Colorado Oil and Gas [Conservation] Commission jurisdiction over environmental matters on Indian lands / Marla Williams

Jurisdiction to regulate the environmental impacts of oil and gas development on the reservation has been contested by tribes, the state, private land owners and federal agencies. …

The Natural Resource Law Center Conference On “Challenging Federal Ownership And Management Public Lands And Public Benefits”, Frank H. Murkowski

Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13)

8 pages.

Oil And Gas Issues Involved In Cercla Reauthorization., Joseph R. Dancy, Victoria A. Dancy

St. Mary's Law Journal

After several decades of environmental legislation, the regulated community faces an extremely complex and costly matrix of obligations and responsibilities. For industry in general, the most expensive environmental statute enacted has been the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA). CERCLA created the Hazardous Substances Superfund (Superfund) and established retroactive liability for remediation of hazardous substance contamination. President Clinton admitted CERCLA does not work and even labelled the Superfund a “disaster.” Even though public and private entities have already spent twenty billion dollars on the CERCLA program since its inception, only around ten or twenty percent of …

Civil Liability For Damage Caused To The Environment By Hazardous Waste: Lessons For The European Union From The Us Experience, Artemis Hatzi-Hull

LLM Theses and Essays

As environmental awareness has surged over the last two decades, environmental law has rapidly developed. In both agricultural and industrial countries, the environment is a sensitive and vital area where substantial economic interests are at stake. In the United States, many social, political, and economic reasons have spawned rapid expansion of environmental law. Congress has enacted numerous statutes and empowered federal agencies, primarily the Environmental Protection Agency (EPA), to adopt standards and enforce these new laws. A decade ago, environmental liability was not a major concern for US businesses and was rarely dealt with in commercial contracts. However, the situation …

Criminal Enforcement Of U.S. Environmental Laws, Ramasamy Krishnan

LLM Theses and Essays

This LL.M. thesis provides a comprehensive examination of criminal enforcement of environmental laws in the United States, tracing the historical development of criminal provisions from common law nuisance origins through modern statutes such as the Clean Air Act, the Clean Water Act, and sentencing guidelines like the Sentencing Reform Act and Criminal Fines Improvement Act. The work analyzes the public welfare offense doctrine and its impact on mens rea requirements, examining varied standards of liability, including strict liability, "knowing" violations, knowing endangerment, and wilfulness or negligence, as well as corporate liability and individual employee liability through the responsible corporate officer …

Twenty-Five Years Of The Clean Air Act In Perspective, William Murray Tabb

Faculty Articles

No abstract provided.

Whose Sip Is It Anyway? State-Federal Conflict In Clean Air Act Enforcement, Steve Novick, Bill Westerfield

William & Mary Environmental Law and Policy Review

No abstract provided.

What Comes After Technology: Using An Exceptions Process To Improve Residual Risk Regulation Of Hazardous Air Pollutants, Bradford Mank

Faculty Articles and Other Publications

Section 112 of the Clean Air Act (the Act) governs the regulation of hazardous air pollutants. From 1970 to 1990, the statute required the United States Environmental Protection Agency (EPA) to regulate hazardous air pollutants on a pollutant-by-pollutant basis. Environmental policy analysts generally acknowledge that this approach failed due to scientific uncertainties and unclear direction from Congress on how the EPA should balance the competing concerns of cost and safety. In an effort to improve the Act's effectiveness, Congress passed the 1990 Amendments (the Amendments) to the Act, which established a two-phased approach to regulation. First, subsection 112(d) requires the …

Marketable Pollution Allowances (Great Lakes Symposium), James E. Krier

Articles

In March 1993, the EPA auctioned off 150,010 sulfer dioxide emissions permits at the Chicago Board of Trade. The auction brought in $21.4 million and ushered in the Clean Air Act's market-based approach to sulfur dioxide control. Congress created these marketable pollution allowances (MPAs) under Title IV of the Clean Air Act Amendments of 19903 to regulate acid rain pollution. While most MPAs were bought by utilities, to be exchanged as a commodity according to need, some MPAs were removed from the market solely to prevent their use by polluters. The Cleveland-based National Healthy Air License Exchange bought one allowance …

Analysis Of The 1990 Clean Air Act's Employee Commute Options Program - A Trip Down The Right Road, Leanne Cusumano

William & Mary Environmental Law and Policy Review

No abstract provided.

The Dynamics Of Secrecy In The Environmental Impact Statement Process, Michael B. Gerrard

Faculty Scholarship

The environmental impact review laws – the National Environmental Policy Act (NEPA) and its state counterparts – are premised on the idea of full and open disclosure. The notion underlying these laws is that if the government and the public are fully informed of the impacts of and alternatives to proposed actions, they will make wise decisions about whether and how to proceed. The Freedom of Information Act and its state counterparts even more explicitly seek to open up governmental deliberations to the public. Considered together, these two types of laws would lead one to believe that secrecy has little …

Controlling Blue Skies In Indian Country: Who Is The Air Quality Posse--Tribes Or States? The Applicability Of The Clean Air Act In Indian Country And On Oklahoma Tribal Lands, Julie M. Reding

American Indian Law Review

No abstract provided.

Incentives For Action: Market-Based Environmental Strategies, Sheikh Sarmad Hafeez

LLM Theses and Essays

Societies have dealt with problems of environmental degradation for centuries, revealing a consistent concern among law makers regarding rates of natural resource consumption. More recently, the United States and other nations have begun to face increasingly perilous environment challenges such as global climate change, indoor pollution, stratospheric ozone depletion, acid rain, urban smog and the degradation of public lands.

The present work explores the environmental problems that, for centuries have plagued our planet, and that continue to threaten it, as well as different approaches to curtail these problems. The present work concludes by showing the most promising of these approaches …

Annual Survey Of Virginia Law: Environmental Law, Theodore R. Kingsley, Carole M. Agee

University of Richmond Law Review

This article addresses significant developments in Virginia law pertaining to air quality, water quality and solid and hazardous waste which have occurred between the publication of the 1990 survey and May 1, 1992.

Environmental Permits: Land Use Regulation And Policy Implementation In Texas., Wm. Terry Bray, R. Alan Haywood, David S. Caudill, Pamela S. Bacon

St. Mary's Law Journal

Real estate lawyers traditionally focused on the applicable zoning ordinances of the governing municipality. Real estate lawyers also are familiar with applicable subdivision ordinances, which typically impose additional limitations on the use of real property. Subdivision platting was originally envisioned as a procedure to ensure orderly development of property within the jurisdiction of a municipality. Many local land use regulations promulgated in recent years focus on the “environment” and purport to be necessary to conserve and protect natural resources. A complex network of federal and state statutes now exists which regulates the use of real property in order to protect …

The Tragedy Of The Commons, Part Two, James E. Krier

Articles

This symposium is about the idea of "free market environmentalism" in general and the book Free Market Environmentalism, by Terry Anderson and Donald Leal,1 in particular. While I focus chiefly on Anderson and Leal's book, the discussion will necessarily involve the general idea of free market environmentalism as well. The conceit of my tide, which obviously derives from Garrett Hardin's celebrated essay on The Tragedy of the Commons,2 is this: Superficial differences aside, Hardin's essay and Anderson and Leal's book address the same fundamental problem of coordinating human behavior as it affects environmental quality. But both the essay and the …

Health Effects Of Air Pollutants (Sulfur Dioxide, Ozone, And Carbon Monoxide), Robert A. Bethel

Air Quality Protection in the West (November 27-28)

19 pages (includes illustrations).

Contains references.

Motor Vehicle Air Pollution Control: The Remaining Issues, Michael P. Walsh

Air Quality Protection in the West (November 27-28)

26 pages (includes illustrations).

Contains references.

Diminishing Views: Air Quality In Western National Parks, Christine L. Shaver

Air Quality Protection in the West (November 27-28)

17 pages.

Contains references.