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Environmental Law Commons

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Environmental Law

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Articles 481 - 510 of 661

Full-Text Articles in Environmental Law

Fourth Circuit Summary, Editors Of The William & Mary Environmental Law And Policy Review Oct 1997

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

William & Mary Environmental Law and Policy Review

The Fourth Circuit Summary provides a summary of prevailing environmental decisions decided by the United States Court of Appeals for the Fourth Circuit since the last issue of the William and Mary Environmental Law and Policy Review. It does not cover every environmental decision of the Fourth Circuit during that time period, but only those cases which the editors believe to be of the most interest to the subscribers.


When Is A Mortgage Guarantee Not Worth The Price Of A Notary? - The Incongruent Judicial Application Of New York’S Deficiency Judgment Statute, Benjamin Gruberg Jul 1997

When Is A Mortgage Guarantee Not Worth The Price Of A Notary? - The Incongruent Judicial Application Of New York’S Deficiency Judgment Statute, Benjamin Gruberg

Cardozo Law Review

Collateral for a mortgage is usually real property which, in the event that the mortgagor (borrower) defaults, is often sold by the mortgagee (lender) in a foreclosure sale. When the collateral consists of multiple parcels of real property and sale of the first parcel fails to realize the full amount of the outstanding debt, a deficiency results. The mortgagee next expects to sell the remaining properties in an attempt to secure full payment of this deficiency.


Law And The Coming Environmental Catastrophe, Bruce Ledewitz, Robert D. Taylor Jun 1997

Law And The Coming Environmental Catastrophe, Bruce Ledewitz, Robert D. Taylor

William & Mary Environmental Law and Policy Review

No abstract provided.


Fourth Circuit Summary, Editors Of The William & Mary Environmental Law And Policy Review Jun 1997

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

William & Mary Environmental Law and Policy Review

The Fourth Circuit Summary provides a summary of prevailing environmental decisions decided by the United States Court of Appeals for the Fourth Circuit since the last issue of the William and Mary Environmental Law and Policy Review. It does not cover every environmental decision of the Fourth Circuit during that time period, but only those cases which the editors believe to be of the most interest to our subscribers.


Is "Diligent Prosecution Of An Action In A Court" Required To Preempt Citizen Suits Under The Major Federal Environmental Statutes?, Derek Dickinson May 1997

Is "Diligent Prosecution Of An Action In A Court" Required To Preempt Citizen Suits Under The Major Federal Environmental Statutes?, Derek Dickinson

William & Mary Law Review

No abstract provided.


Cercla's Mistakes, John Copeland Nagle May 1997

Cercla's Mistakes, John Copeland Nagle

William & Mary Law Review

No abstract provided.


Keeping The Citizens Out: How Virginia Has Manipulated The Mandate Of The Clean Water Act, Demian Schane Apr 1997

Keeping The Citizens Out: How Virginia Has Manipulated The Mandate Of The Clean Water Act, Demian Schane

William & Mary Environmental Law and Policy Review

No abstract provided.


Fourth Circuit Summary, Editors Of The William & Mary Environmental Law And Policy Review Apr 1997

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

William & Mary Environmental Law and Policy Review

The Fourth Circuit Summary provides a summary of prevailing environmental decisions decided by the United States Court of Appeals for the Fourth Circuit since the last issue of the William and Mary Environmental Law and Policy Review. It does not cover every environmental decision of the Fourth Circuit during that time period, but only those cases which the editors believe to be of the most interest to our subscribers.


Exclusive Sovereignty Versus Sustainable Development Of A Shared Resource: The Dilemma Of Latin American Rainforest Management, A. Dan Tarlock Mar 1997

Exclusive Sovereignty Versus Sustainable Development Of A Shared Resource: The Dilemma Of Latin American Rainforest Management, A. Dan Tarlock

All Faculty Scholarship

No abstract provided.


The Influence Of International Environmental Law On United States Pollution Control Law (Symposium), A. Dan Tarlock Mar 1997

The Influence Of International Environmental Law On United States Pollution Control Law (Symposium), A. Dan Tarlock

All Faculty Scholarship

No abstract provided.


The Role Of Controversy In Nepa: Reconciling Public Veto With Public Participation In Environmental Decisionmaking, William Murray Tabb Feb 1997

The Role Of Controversy In Nepa: Reconciling Public Veto With Public Participation In Environmental Decisionmaking, William Murray Tabb

William & Mary Environmental Law and Policy Review

No abstract provided.


Fourth Circuit Summary, Editors Of The William & Mary Environmental Law And Policy Review Feb 1997

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

William & Mary Environmental Law and Policy Review

The Fourth Circuit Summary provides a summary of prevailing environmental decisions decided by the United States Court of Appeals for the Fourth Circuit since the last issue of the William and Mary Environmental Law and Policy Review. It does not cover every environmental decision of the Fourth Circuit during that time period, but only those cases which the editors believe to be of the most interest to our subscribers.


The Statutory And Constitutional Mandate For A No Surprises Policy, Fred P. Bosselman Jan 1997

The Statutory And Constitutional Mandate For A No Surprises Policy, Fred P. Bosselman

All Faculty Scholarship

No abstract provided.


Attaining Systems For Sustainability Through Environmental Law, Nicholas A. Robinson Jan 1997

Attaining Systems For Sustainability Through Environmental Law, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

Five years have passed since the historic Earth Summit. Although significant progress has been made since Rio, much remains to be done. Poverty and environment degradation continue to affect the lives of millions of people in many parts of the world. Global warming, the loss of biological diversity, the spread of deserts, deforestation, the crisis in many of our cities remind us every day of the challenges which confront us. The unsustainable patterns of consumption and production continue to be the major cause of environmental degradation worldwide. This is therefore not an occasion for complacency or mindless celebration. It is, …


Book Review Of Environment And The Law: A Dictionary, James S. Heller Jan 1997

Book Review Of Environment And The Law: A Dictionary, James S. Heller

Library Staff Publications

No abstract provided.


Refracting The Spectrum Of Clean Water Act Standing In Light Of Lujan V. Defenders Of Wildlife, Karl S. Coplan Jan 1997

Refracting The Spectrum Of Clean Water Act Standing In Light Of Lujan V. Defenders Of Wildlife, Karl S. Coplan

Elisabeth Haub School of Law Faculty Publications

First, this article will review the impetus and purposes for the Clean Water Act of 1972, including its citizen suit provision, particularly as these purposes relate to the elimination of specific harm or causation requirements in enforcement actions under its provisions. Second, this article will briefly review the basic elements of Article III standing requirements as enunciated by the Supreme Court, and the development of Supreme Court standing doctrine in environmental cases leading up to and including the Defenders of Wildlife decision. Then the article will survey the various approaches courts have taken in applying Article III standing doctrine to …


Country/Region Reports -- United States Of America, Linda A. Malone Jan 1997

Country/Region Reports -- United States Of America, Linda A. Malone

Faculty Publications

No abstract provided.


Territoriality, Risk Perception, And Counterproductive Legal Structures: The Case Of Waste Facility Siting, Michael B. Gerrard Jan 1997

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 …


Environmental Justice: Concentration On Education And Public Participation As An Alternative Solution To Legislation, Anne K. No Jun 1996

Environmental Justice: Concentration On Education And Public Participation As An Alternative Solution To Legislation, Anne K. No

William & Mary Environmental Law and Policy Review

No abstract provided.


Fourth Circuit Summary, Editors Of The William & Mary Environmental Law And Policy Review Jun 1996

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

William & Mary Environmental Law and Policy Review

The Fourth Circuit Summary provides a summary of prevailing environmental decisions decided by the United States Court of Appeals for the Fourth Circuit since the last issue of the William and Mary Environmental Law and Policy Review. It does not cover every environmental decision of the Fourth Circuit during that time period, but only those cases which the editors believe to be of the most interest to our subscribers.


Environmental Law: Ethics Or Science, A. Dan Tarlock Mar 1996

Environmental Law: Ethics Or Science, A. Dan Tarlock

All Faculty Scholarship

No abstract provided.


Federalism Without Preemption: A Case Study In Bioregionalism, A. Dan Tarlock Mar 1996

Federalism Without Preemption: A Case Study In Bioregionalism, A. Dan Tarlock

All Faculty Scholarship

No abstract provided.


Fourth Circuit Summary, Editors Of The William & Mary Environmental Law And Policy Review Mar 1996

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

William & Mary Environmental Law and Policy Review

The Fourth Circuit Summary provides a summary of prevailing environmental decisions decided by the United States Court of Appeals for the Fourth Circuit since the last issue of the William and Mary Environmental Law and Policy Review. It does not cover every environmental decision of the Fourth Circuit during that time period, but only those cases which the editors believe to be of the most interest to our subscribers.


Natural Resource Damages From Rachel Carson's Perspective: A Rite Of Spring In American Environmentalism, Peter M. Manus Feb 1996

Natural Resource Damages From Rachel Carson's Perspective: A Rite Of Spring In American Environmentalism, Peter M. Manus

William & Mary Law Review

No abstract provided.


Limitations Inherent In The Title To Wetlands At Common Law, Fred P. Bosselman Jan 1996

Limitations Inherent In The Title To Wetlands At Common Law, Fred P. Bosselman

All Faculty Scholarship

No abstract provided.


Is A Textualist Approach To Statutory Interpretation Pro-Environmentalist?: Why Pragmatic Agency Decisionmaking Is Better Than Judicial Literalism, Bradford Mank Jan 1996

Is A Textualist Approach To Statutory Interpretation Pro-Environmentalist?: Why Pragmatic Agency Decisionmaking Is Better Than Judicial Literalism, Bradford Mank

Faculty Articles and Other Publications

This Article provides both anecdotal evidence and a more theoretical argument for why textualist statutory interpretation is not the best approach to address environmental. issues.


The Law Of Sustainable Development, Nicholas A. Robinson Jan 1996

The Law Of Sustainable Development, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

I am going to talk briefly, as dictated by the format of this seminar, about the law of sustainable development and how it has been developing. Sustainable development is, today, the guiding theme for both public and private measures to improve social conditions and strengthen economic conditions around the world. It did not become a guiding theme overnight. The recognition that sustainable development is fundamental has been growing gradually. The concept recognizes that the sort of development that was popular in the 1960s and 1970s in the United States of America and elsewhere was, by itself, an inadequate base on …


Summary Of The United States Seminar On Our National Environmental Laws, John R. Nolon Jan 1996

Summary Of The United States Seminar On Our National Environmental Laws, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

My objective today is to summarize the discussion that took place at a seminar we held in the United States which described and evaluated our nation's environmental protection laws. The purpose of that seminar was to draw from that experience lessons that should help us, and perhaps Argentina, as we both consider how to improve the laws that affect natural resource use and conservation in our countries.


United States Pollution Control Laws, Jeffrey G. Miller Jan 1996

United States Pollution Control Laws, Jeffrey G. Miller

Elisabeth Haub School of Law Faculty Publications

The environmental assessment process established by NEPA has been a success and was a step forward on the path of integrating environmental and economic policy. The national pollution abatement laws that were adopted in the decade after NEPA, however, operate in a very different fashion. They, too, have been very successful in a number of important respects, but have achieved less than we had hoped for because of certain flaws in their design. To analyze these laws for us, I would like to introduce another colleague, Professor Jeffery Miller, who has also travelled in Argentina. In fact, Professor Miller conducted …


Welcome (Symposium On Framework Laws--The Key To Sustainable Development In The Americas), Richard L. Ottinger Jan 1996

Welcome (Symposium On Framework Laws--The Key To Sustainable Development In The Americas), Richard L. Ottinger

Elisabeth Haub School of Law Faculty Publications

This is a subject of deep interest to our law school. We have established one of the top environmental studies centers in the United States. In addition, we operate a nationally recognized energy law project, land use law center and international commercial law institute. Our interest is global and broad, focusing on the legal issues involved both in resource use and conservation and on applications at the local, national and international level. We take this broad approach for a simple reason: it is the approach that our graduates will have to take as they practice law in the global market …