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Environmental Law Commons

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Environmental Law

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Articles 451 - 480 of 661

Full-Text Articles in Environmental Law

Rulemaking, Michael Herz Jan 2002

Rulemaking, Michael Herz

Articles

No abstract provided.


Escaping The Common Law's Shadow: Standing In The Light Of Laidlaw, Robert V. Percival, Joanna B. Goger Oct 2001

Escaping The Common Law's Shadow: Standing In The Light Of Laidlaw, Robert V. Percival, Joanna B. Goger

Faculty Scholarship

No abstract provided.


The Global Environment And Free Trade: A Vexing Problem And A Taxing Solution, John A. Barrett Jr. Oct 2001

The Global Environment And Free Trade: A Vexing Problem And A Taxing Solution, John A. Barrett Jr.

Indiana Law Journal

No abstract provided.


New Regulations For Nontidal Wetlands, Roy A. Hoagland, Patrick O'Hare Oct 2001

New Regulations For Nontidal Wetlands, Roy A. Hoagland, Patrick O'Hare

Popular Media

No abstract provided.


Bioavailability: On The Frontiers Of Science And Law In Cleanup Methodologies For Contamination, Linda A. Malone Jul 2001

Bioavailability: On The Frontiers Of Science And Law In Cleanup Methodologies For Contamination, Linda A. Malone

Faculty Publications

No abstract provided.


Fourth Circuit Summary, Editors Of The William & Mary Environmental Law And Policy Review Apr 2001

Fourth Circuit Summary, Editors Of The William & Mary Environmental Law And Policy Review

William & Mary Environmental Law and Policy Review

No abstract provided.


Direct Environmental Standing For Chartered Conservation Corporations, Karl S. Coplan Jan 2001

Direct Environmental Standing For Chartered Conservation Corporations, Karl S. Coplan

Elisabeth Haub School of Law Faculty Publications

This article suggests that, as an antidote to the ever-tightening restrictions on individual environmental standing, a state may charter a not-for-profit corporation organized to protect a particular environmental resource, giving the corporation a non-exclusive portion of the State's interest in enforcing applicable environmental protections. The dichotomy between not-for-profit organizations that may litigate only as the representative of individual members' interests, and business corporations that assert their own direct economic interests, may seem natural to our late-twentieth-century sensibility, but is not founded in original intent. The framers of Article III, which grants jurisdiction over “cases and controversies” to the federal courts, …


Forest Fires As A Common International Concern: Precedents For The Progressive Development Of International Environmental Law, Nicholas A. Robinson Jan 2001

Forest Fires As A Common International Concern: Precedents For The Progressive Development Of International Environmental Law, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

Without a better global effort to prevent and cope with forest fires, the remaining wild forests' resources of the world are at risk. Quite apart from the present loss of commercial timber and species habitat, and the present problems of flooding and erosion in the aftermath of fires, the loss of these wooded lands will reduce the capacity of regions to absorb carbon dioxide through photosynthesis, thereby making the challenge of managing emissions of greenhouse gases all the more problematic. Forests sequester carbon in their woody tissue as a result of photosynthesis, and are often termed the “lungs” of the …


World Trade Agreements: Advancing The Interests Of The Poorest Of Poor, John O. Mcginnis Jan 2001

World Trade Agreements: Advancing The Interests Of The Poorest Of Poor, John O. Mcginnis

Articles

No abstract provided.


David Ross Brower And Nature's Laws, Nicholas A. Robinson Jan 2001

David Ross Brower And Nature's Laws, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

“We're not blindly opposed to progress. We're opposed to blind progress.” These words summed up the style and power of David R. Brower. Indelibly, he chiseled toe hold after toe hold on an arduous climb across the rock face of the commercial forces driven to seek short-term gain from natural resources and oblivious to the longer-term costs to the Earth that the ecological sciences would chronicle but that economists would disregard as mere “externalities” in their classical market models. As Brower campaigned to protect the wilderness of North America and the Earth, through his sheer conviction and abundant eloquence, he …


Environmental Insurance: Does It Defy The Rules, Amanda Leiter Jan 2001

Environmental Insurance: Does It Defy The Rules, Amanda Leiter

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Legal Systems, Decisionmaking, And The Science Of Earth's Systems: Procedural Missing Links, Nicholas A. Robinson Jan 2001

Legal Systems, Decisionmaking, And The Science Of Earth's Systems: Procedural Missing Links, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

Decisionmakers disregard scientific findings regarding environmental conditions, despite recommendations of the 1992 "Earth Summit" in Agenda 21 that science should provide a foundation for sustainable development. Although environmental degradation trends continue to exacerbate, decisionmakers address only selected issues. This Article examines an analytic paradigm for evaluating when decisionmakers are ready to address a problem and describes the catalytic role that scientific information can serve in prompting remedial action. Unless systematic procedures require evaluation of environmental scientific findings in the normal course of decisionmaking, science will continue to be ignored. One hallmark of Environmental Law has been to fashion such procedures, …


Section 8: The Environment, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2000

Section 8: The Environment, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Nature's Statesman: The Enduring Environmental Law Legacy Of Edmond S. Muskie Of Maine, Robert F. Blomquist Apr 2000

Nature's Statesman: The Enduring Environmental Law Legacy Of Edmond S. Muskie Of Maine, Robert F. Blomquist

William & Mary Environmental Law and Policy Review

No abstract provided.


Has The Citizen Suit Provision Of The Clean Water Act Exceeded Its Supplemental Birth?, Jonathan S. Campbell Apr 2000

Has The Citizen Suit Provision Of The Clean Water Act Exceeded Its Supplemental Birth?, Jonathan S. Campbell

William & Mary Environmental Law and Policy Review

No abstract provided.


Fourth Circuit Summary, Editors Of The William & Mary Environmental Law And Policy Review Apr 2000

Fourth Circuit Summary, Editors Of The William & Mary Environmental Law And Policy Review

William & Mary Environmental Law and Policy Review

The Fourth Circuit Summary, published at least once each year, provides synopses of important recent environmental decisions affecting the Fourth Circuit. Included are decisions by the United States Court of Appeals for the Fourth Circuit, as well as decisions from other jurisdictions that affect the Fourth Circuit. It does not cover every environmental decision affecting the Fourth Circuit, but only those cases that the editors believe to be of the most interest to subscribers.


The Standing Of Citizens To Enforce Against Violations Of Environmental Statutes In The United States, Jeffrey G. Miller Jan 2000

The Standing Of Citizens To Enforce Against Violations Of Environmental Statutes In The United States, Jeffrey G. Miller

Elisabeth Haub School of Law Faculty Publications

Judicial actions by private citizens have played a critical role in the development and enforcement of federal environmental law in the United States over several decades. The courts' general receptivity to the standing of private environmental plaintiffs has made that role possible. A troika of Supreme Court decisions on standing in environmental cases authored by Scalia J over the last decade had eroded that general receptivity, casting doubt on the continued vitality of private actions in developing and implementing environmental law. The Court's recent decision in Friends of the Earth Inc v Laidlaw Environmental Services halts this erosion. To explain …


Global Climate Change Kyoto Protocol Implementation: Legal Frameworks For Implementing Clean Energy Solutions, Richard L. Ottinger Jan 2000

Global Climate Change Kyoto Protocol Implementation: Legal Frameworks For Implementing Clean Energy Solutions, Richard L. Ottinger

Elisabeth Haub School of Law Faculty Publications

This paper describes the measures that have been and can be taken and the legal mechanisms by which successes have been achieved in reducing greenhouse gases. Examples are given of success stories from around the world, but these examples are just demonstrative. Many hundreds of programs have been pursued successfully around the world in both industrial and developing countries. What does emerge, however, is clear evidence that global warming can be effectively addressed and that many significant steps have been taken profitably in both the public and private sectors, offering significant business, export and job opportunities, and that much can …


Nastygram Federalism: A Look At Federal Self-Audit Policy, David N. Cassuto Jan 1999

Nastygram Federalism: A Look At Federal Self-Audit Policy, David N. Cassuto

Elisabeth Haub School of Law Faculty Publications

This Article examines the evolution of EPA's audit policy, explores the reasons for states' dissatisfaction with it, and then discusses whether the federal policy should have been issued as a rule under the Administrative Procedure Act (APA). Part I examines the evolution of the federal audit policy and then analyzes the strengths and weaknesses of the policy in its current form. Part II explores various types of evidentiary privilege and looks at the arguments for and against extending the privilege to audit reports. It then offers a similar analysis of the case for limited immunity, concluding that neither an expanded …


Gwaltney Of Smithfield Revisited, Ann Powers Jan 1999

Gwaltney Of Smithfield Revisited, Ann Powers

Elisabeth Haub School of Law Faculty Publications

This article returns to the earlier Gwaltney decision, looking both to the text of the Gwaltney opinion, and to internal memoranda demonstrating the debate which occurred among the justices themselves over the nature of the beast with which they were dealing: a confusing mixture of subject matter jurisdiction, substantive cause of action and constitutionally based standing requirements. This review leads to the conclusion that the opinion's lack of analytical clarity, which created substantial confusion for courts and litigants, could have been avoided by a more carefully reasoned work based on the Court's internal discussions. Further, the Court's decision in Steel …


Ranking The Environmental Law, Natural Resources Law, And Land Use Planning Journals: A Survey Of Expert Opinion, Gregory Scott Crespi Oct 1998

Ranking The Environmental Law, Natural Resources Law, And Land Use Planning Journals: A Survey Of Expert Opinion, Gregory Scott Crespi

William & Mary Environmental Law and Policy Review

No abstract provided.


Reformulating Executive And Legislative Relationships After Reformulated Gasoline: What's Best For Trade And The Environment?, Scott Daniel Mcbride Oct 1998

Reformulating Executive And Legislative Relationships After Reformulated Gasoline: What's Best For Trade And The Environment?, Scott Daniel Mcbride

William & Mary Environmental Law and Policy Review

No abstract provided.


Butterflies, Cave Spiders, Milk-Vetch, Bunchgrass, Sedges, Lilies, Checker-Mallows And Why The Prohibition Against Judicial Balancing Of Harm Under The Endangered Species Act Is A Good Idea, Federico Cheever Apr 1998

Butterflies, Cave Spiders, Milk-Vetch, Bunchgrass, Sedges, Lilies, Checker-Mallows And Why The Prohibition Against Judicial Balancing Of Harm Under The Endangered Species Act Is A Good Idea, Federico Cheever

William & Mary Environmental Law and Policy Review

No abstract provided.


The 'Ascent Of Man': Legal Systems And The Discovery Of An Environmental Ethic, Nicholas A. Robinson Jan 1998

The 'Ascent Of Man': Legal Systems And The Discovery Of An Environmental Ethic, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

A decade ago, firefighters in a warehouse on the Rhine in Switzerland washed chemicals, solvents, and mercury into the river, destroying all life in the river for miles, killing millions of fish, and endangering the water supplies of cities in Germany and the Netherlands. This tragedy galvanized the river valley states into action. They vowed to clean up the river, not just from that incident but from the effects of having used the river as a sewer for two centuries. But how clean is clean? The goal for this calculated plan, which will take decades to achieve, is symbolized by …


Comparative Environmental Law Perspectives On Legal Regimes For Sustainable Development, Nicholas A. Robinson Jan 1998

Comparative Environmental Law Perspectives On Legal Regimes For Sustainable Development, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

As the world's largest summit meeting ended in Rio de Janeiro in 1992, the heads of state and their representatives assembled at the United Nations Conference on Environment and Development (UNCED), commonly referred to as Agenda 21. They embraced Agenda 21 as “a dynamic programme” which can “evolve over time in the light of changing needs and circumstances,” and as a process making “the beginning of a new global partnership for sustainable development.” Agenda 21 is premised on two factual perspectives. First, the documentation of trends in the deterioration of the environmental conditions in many parts of the world is …


Reducing Nitrogen Pollution On Long Island Sound: Is There A Place For Pollutant Trading?, Ann Powers Jan 1998

Reducing Nitrogen Pollution On Long Island Sound: Is There A Place For Pollutant Trading?, Ann Powers

Elisabeth Haub School of Law Faculty Publications

The purpose of this article is to examine the legal adequacy of proposals now under consideration for a nitrogen trading program on Long Island Sound, and to assess the likelihood of success in light of the experience with other trading programs, both for water and air pollution. Part I outlines the current environmental condition of Long Island Sound and explains the factors which have led proponents of trading to believe such a program could be effective. In Part II we consider the essential elements of a trading program, and the lessons to be learned from the Clean Air Act programs. …


Methods For Teaching Environmental Law: Some Thoughts On Providing Access To The Environmental Law System, Heidi Gorovitz Robertson Jan 1998

Methods For Teaching Environmental Law: Some Thoughts On Providing Access To The Environmental Law System, Heidi Gorovitz Robertson

Law Faculty Articles and Essays

This article surveys methods that could improve the effectiveness of environmental legal education. I propose that approaches to teaching environmental law be viewed in two ways; first, as a substantive course in which students gain access to a complex system of law, and second, as a substantive base for teaching students skills of legal process. Within both possibilities, I focus on the value of teaching students to understand the environmental law system. Instructors can introduce students to the environmental law system by looking at a few of the major environmental statutes in relative depth, or as they apply to specific …


Coastal Marine Science For Law And Business Students: Preparing Law And Business Professionals To Make "Informed Decisions" About Coastal Issues, David H. Niebuhr, Lynda L. Butler, Don Rahtz, Britt E. Anderson, April N. Lawrence Jan 1998

Coastal Marine Science For Law And Business Students: Preparing Law And Business Professionals To Make "Informed Decisions" About Coastal Issues, David H. Niebuhr, Lynda L. Butler, Don Rahtz, Britt E. Anderson, April N. Lawrence

Faculty Publications

The rigors of employment-directed undergraduate education. and decreased emphasis on "Liberal Arts" studies occurring at some colleges and universities has left many graduates with a level of scientific understanding which is inadequate to make infonned choices about issues which effect the environment. To address this lack of scientific understanding. the Chesapeake Bay National Estuarine Research Reserve (Virginia) and the Virginia Institute of Marine Science, with the Marshall-Wythe School of Law and the School of Business Administration of the College of William and Mary are developing a Coastal Ecosystem Science Program to teach future law and business professionals the basics of …


Environmental Justice: Bridging The Gap Between Environmental Laws And "Justice" , Alice Kaswan Dec 1997

Environmental Justice: Bridging The Gap Between Environmental Laws And "Justice" , Alice Kaswan

American University Law Review

No abstract provided.


The U.S. Epa Administrator's Assessment Of Civil Penalties: A Review Of The Sources Of Authority And The Administrator's Regulations, Richard R. Wagner Oct 1997

The U.S. Epa Administrator's Assessment Of Civil Penalties: A Review Of The Sources Of Authority And The Administrator's Regulations, Richard R. Wagner

William & Mary Environmental Law and Policy Review

No abstract provided.