Environmental Law Commons^™

Seminar On The Law Of Sustainable Development--United States, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

Welcome to a video seminar on the Law of Sustainable Development in Argentina and the United States. Our plan is to record these proceedings and show segments of them at a similar seminar to be held next month in Buenos Aires, Argentina.

Fusing Economic And Environmental Policy: The Need For Framework Laws In The United States And Argentina, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

In an effort to discover the best legal strategies to respond to these new challenges, seminars were conducted among experts in economic development and environmental protection in both the United States and Argentina. The observations and recommendations of these experts have been summarized and published and will be referenced as appropriate. This article attempts to synthesize what was learned in these two seminars, the research conducted in preparation for them, and the ongoing discussion among the participants. It begins with a summary of the forces in both countries that call for a change in the legal system, shows how these …

The National Land Use Policy Act, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

Professor Miller talked about a particular road that we traveled beginning in the 1970s. Professor Robinson discussed a different road that we traveled when we adopted the National Environmental Policy Act (NEPA) in 1969. I would like to talk about the road not traveled, a road that led in the direction that Professor Miller just charted. We considered a different more comprehensive approach in the early 1970s when our national environmental policies were being formed. The time may be right to reconsider what we then narrowly rejected, both here and in Argentina.

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

Faculty Publications

No abstract provided.

Structures Of Environmental Criminal Enforcement, Michael E. Herz

Articles

No abstract provided.

International Law, Industrial Location, And Pollution, Duane Chapman, Jean Agras, Vivek Suri

Indiana Journal of Global Legal Studies

The dominant position of economists on trade and environment is that

increasing trade raises living standards, which provide the economic

basis for reduced pollution. Professors Chapman, Agras, and Suri

present a perspective that raises very different points. First, the dramatic

growth of manufacturing in East Asia for global markets is

based entirely (or nearly so) on the importation of processed

pollution-intensive raw materials. For a typical product in this global

system, a U.S. consumer purchasing an Asian product made from

imported resources benefits from a lower price and a cleaner local

environment; however, energy use and pollution associated with the …

Introduction: International Environmental Law And Agencies: The Next Generation Symposium, Alfred C. Aman

Indiana Journal of Global Legal Studies

No abstract provided.

The Puzzling Relationship Between Trade And Environment: Nafta, Competitiveness, And The Pursuit Of Environmental Welfare Objectives, Ileana M. Porras

Indiana Journal of Global Legal Studies

The North American Free Trade Agreement (NAFTA) is often claimed to be a "promising beginning" for the reconciliation of trade and environment. Professor Porras, however, suggests that the form that "reconciliation" takes in NAFTA is extremely problematic. Harmonization of standards to facilitate the free flow of trade is a familiar trade goal. NAFTA's provisions regarding environmental standards, however, are not a straightforward requirement to harmonize standards. Rather, NAFTA recognizes state autonomy in standard setting, on the one hand, while requiring a form of upward harmonization, on the other. According to Professor Porras, the result of such an arrangement is the …

Environmental Standards Within Nafta: Difference By Design And The Retreat From Harmonization, Jeffrey Atik

Indiana Journal of Global Legal Studies

Professor Atik argues that NAFTA, in legitimating regulatory differences among the NAFTA parties, represents a repudiation of standard harmonization. He states that while NAFTA and its environmental side agreement "have been described as the 'greenest' trade agreement to date," it marks a significant retreatfrom efforts to harmonize global environmental standards. This rejection is a product of "ajealous retention of sovereignty" by the NAFTA parties, as well as the careful maintenance of the parties' distinct production roles and specialities. Thus, Professor Atik argues that a convergence of standards will likely remain elusive within NAFTA. Both highstandard and low-standard parties may prefer …

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 prevailingenvironmental 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.

Section 10: Property Rights And Environmental Laws, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Legal Imagery In The "Garden Of England", Eve Darian-Smith

Indiana Journal of Global Legal Studies

Ms. Darian-Smith explores the relationship between law and the

concept of "landscapes, "which she describes as the spatial imagery

through which law is conceived and from which it draws meaning.

She first defines the complex and historically rich concept of the

"garden image," both in general and as it is seen in (and by)

England, its people, and its surrounding political, cultural, and

spatial contexts. In general terms, the garden image is injected into

issues of environmental law. Further, she notes that the garden has

been a fluid, ever-changing concept for England's society and its

developing legal system. Specifically, Darian-Smith …

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.

Biodiversity Federalism, A. Dan Tarlock

All Faculty Scholarship

No abstract provided.

In Search Of Accountability: The Legislative Re-Invention Of Environmental Law And Policy In Indiana, Robert F. Blomquist

Law Faculty Publications

No abstract provided.

Consorting With The Forests: Rethinking Our Relationships To Natural Resources And How We Should Value Their Loss, Katharine K. Baker

All Faculty Scholarship

No abstract provided.

Environmental Justice And Discriminatory Siting: Risk-Based Representation And Equitable Compensation, Bradford Mank

Faculty Articles and Other Publications

This Article proposes a new risk-based approach to representing and compensating not only minorities but any person affected by a siting decision. This proposal would create a formal mechanism for achieving the desire of many environmental justice advocates to empower those local residents most affected by a siting decision. The EPA or state siting agencies, however, would provide a technocratic framework for assessing the scope of risks, despite the limitations of risk and cost-benefit analysis; would set limits on the maximum amount of risk in any community; and would specify the minimum compensation required from a developer. Immediate neighbors, political …

An Introduction To Environmental Law In The United States Of America, Michael E. Herz

Articles

There is an old joke about someone who, having taken a course in speed reading, is able to finish War and Peace in an afternoon. On bragging about this accomplishment, he is asked what the book was about. His entire response: "Russia." In attempting to fulfil my charge to summarize American environmental law in a few pages I fear that I risk a similar result. With such ruthless simplification, the reader may came away with no more understanding of this enormous, detailed, and complex body of law than the speed reader had of Tolstoy, knowing only that American environmental law …

Environment And Trade Concepts And Principles Of International Law: An Introduction, David Hunter

Scholarly Articles in Law Reviews & Journals

No abstract provided.

The Lighter Side Of The Green Movement: The Three Stooges As Early Environmentalists, Ronald J. Rychlak

Oklahoma Law Review

No abstract provided.

Environmental Law: Are Oklahoma Environmental Permits Valid Under The Fourteenth Amendment's Due Process Clause? Dulaney V. Oklahoma State Department Of Health, Brent M. Johnson

Oklahoma Law Review

No abstract provided.

Can International Legal Principles Promote The Resolution Of Central And East European Transboundary Environmental Disputes?, Paul Williams

Scholarly Articles in Law Reviews & Journals

The fall of communism and the subsequent opening of Central and Eastern Europe (CEE) have revealed a regional ecosystem under serious strain after over forty years of communist stewardship. Although the entire region suffers from an exploited ecosystem, particular destruction has occurred in the border regions of the CEE states. The substantial environmental destruction and continuing degradation in these border regions give rise to a number of transboundary environmental disputes, which must be resolved if the situation is to be alleviated.'

Iucn's Proposed Covenant On Environment & Development, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

This article examines the genesis and scope of the IUCN draft Covenant. It (a) describes IUCN's interest and experience in preparing the proposed draft Covenant; (b) analyzes the roles the draft Covenant can serve; and (c) identifies some illustrative precedents for the Articles of the draft Covenant.

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

Faculty Publications

No abstract provided.

The Non-Impact Of The United States Supreme Court Regulatory Takings Cases On The State Courts: Does The Supreme Court Really Matter?, Ronald H. Rosenberg

Faculty Publications

No abstract provided.

Insuring Domestic Tranquility Through Quieter Products: A Proposed Product-Nuisance Tort, Jason A. Lief

Cardozo Law Review

Is there a place upon this globe where one may escape the drone of our industrial beehive and bask in calm tranquility? Thoreau observed that the "mass of men lead lives of quiet desperation." Paradoxically, the source of that quiet desperation often is uncontrollable environmental noise. Even within the ,home, the one supposed sanctuary from the world's evils, unwanted noise invades lives and disrupts serenity. Although noise is not a new problem for mankind, its magnitude has changed over time. Today's "speaking trumpets" do indeed "have a power unknown to a simpler age." Amplified sound can be a weapon, as …

Regulation Of Navy Ship Discharges Under The Clean Water Act: Have Too Many Chefs Spoiled The Broth, Daniel E. O'Toole

William & Mary Environmental Law and Policy Review

No abstract provided.

A Prudent Regulatory Response To The Potential Health Hazards Of Electromagnetic Fields, Lara M. Vukelic

William & Mary Environmental Law and Policy Review

No abstract provided.

When Is Broad Too Broad? Environmental Legislation And Interpretation Of Government Liability At Federal Facilities, Richard H. Ottinger

William & Mary Environmental Law and Policy Review

No abstract provided.

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

William & Mary Environmental Law and Policy Review

The Fourth Circuit Summary, begun last year, 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 Journal of Environmental Law. 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 Fourth Circuit Summary will appear twice each year in the William and Mary Environmental Law and Policy Review for the most timely reporting.