Environmental Law Commons^™

An Environmental Agenda For The Future: Preserving The Environment And Strengthening The Economy, Liz Klein

Sustainable Development Law & Policy

No abstract provided.

Day 5. Friday, August 15, 2003: Rocky Mountain National Park, University Of Colorado Boulder. Natural Resources Law Center

Energy Field Tour 2003 (August 11-16)

1 page.

Contains references.

Agenda: Energy Field Tour 2003, University Of Colorado Boulder. Natural Resources Law Center

Energy Field Tour 2003 (August 11-16)

Congressional staff tour held August 11-16, 2003

Summary: Binder of assorted articles, maps, brochures and other materials prepared for participants of the tour

Contents:

MONDAY, AUGUST 11, 2003: BLUE SPRUCE PEAKER PLANT: University of Colorado Natural Resources Law Center : congressional staff tour of Blue Spruce Energy Center / Peggy Duxbury -- 'Power Struggle', National Journal, June 27, 2003 / Margaret Kritz -- 'Calpine's Blue Spruce Energy Center begins commercial operation', Calpine press release, April 17, 2003 -- NATIONAL RENEWABLE ENERGY LAB: NREL at a glance -- NREL technologies -- SHOSHONE HYDROELECTRIC PLANT: 'River District Board supports spring Shoshone call …

Improving State Environmental Enforcement Performance Through Enhanced Government Accountability And Other Strategie, David L. Markell, Clifford Rechtschaffen

Scholarly Publications

No abstract provided.

Epa’S Administrative Compliance Orders Ruled Unconstitutional, Mary Margaret Mccleroy

Sustainable Development Law & Policy

No abstract provided.

Epa’S Administrative Compliance Orders Ruled Unconstitutional, Mary Margaret Mccleroy

Sustainable Development Law & Policy

No abstract provided.

Federal Preemption Of Tort Claims Under Fifra: The Erosion Of A Defense, Valerie Watnick

University of Michigan Journal of Law Reform

With the growth of federal regulation in the last century, federal preemption of state law has been an evolving issue in the area of toxic torts litigation. The preemption doctrine occupies a particularly prominent place in the area of pesticide-related litigation as the judiciary has struggled to decide what, if any, tort claims are preempted by the Federal Insecticide Fungicide and Rodenticide Act of 1972 ("FIFRA "), the federal statute governing the sale and labeling of pesticides in the United States. In Etcheverry v. Tri-Ag Serv. Inc., 22 Cal. 4th 316, 93 Cal. Rptr2d 36 (2000), a case heard by …

Regulating Foreign Vessels Under The Clean Air Act: The Case For A Permissible Administrative Interpretation, Dan Lickel

San Diego International Law Journal

This Comment will argue that the EPA may regulate the emissions of large sea-going vessels flying foreign flags that enter the territorial sea, contiguous zone, or Exclusive Economic Zone (EEZ) of the United States, under Section 213 of the CAA, notwithstanding conventional and customary Law of the Sea and other international treaties governing vessel source pollution. Part II of the comment presents background material that explains the provisions of the CAA, which mandate the EPA to regulate international shipping vessels. This section also presents the regulatory schemes developed by the IMO and the EPA. Part III evaluates whether the EPA …

Bad Science, Linda Greer, Rena I. Steinzor

Faculty Scholarship

No abstract provided.

Environmental Justice In An Era Of Devolved Collaboration , Sheila R. Foster

Faculty Scholarship

Environmental decision-making is undergoing a profound shift. Traditional forums and processes are being displaced by mechanisms emphasizing local, "place-based" decision-making. These emerging decision-making mechanisms are orchestrated through collaborative processes featuring stakeholders from both the public and private sectors. This transformation is evident in a number of recent governmental initiatives, including those by the Environmental Protection Agency ("EPA"), most notably its Community-Based Environmental Protection ("CBEP") initiative. Other federal agencies, particularly those with land or species management responsibilities, have similarly advocated a greater role for local decision-makers and collaborative problem-solving. This Article examines the points of convergence and divergence between devolved collaboration …

Scientific And Social Landscapes: New Frameworks And Forums For Water Management And Sustainability, Christine Turner, Herman Karl

Two Decades of Water Law and Policy Reform: A Retrospective and Agenda for the Future (Summer Conference, June 13-15)

11 pages.

Contains 2 pages of references.

Cost-Benefit Default Principles, Cass R. Sunstein

Michigan Law Review

Courts should be reluctant to apply the literal terms of a statute to mandate pointless expenditures of effort. . .. Unless Congress has been extraordinarily rigid, there is likely a basis for an implication of de minimis authority to provide exemption when the burdens of regulation yield a gain of trivial or no value. It seems bizarre that a statute intended to improve human health would .. . lock the agency into looking at only one half of a substance's health effects in determining the maximum level for that substance. [I]t is only where there is "clear congressional intent to …

Myths Of The Reinvented State, Rena I. Steinzor

Faculty Scholarship

No abstract provided.

The Epa's Nepa Duties And Ecosystem Services, Robert L. Fischman

Articles by Maurer Faculty

No abstract provided.

Annual Survey Of Virginia Law: Environmental Law, Kevin J. Finto, Christopher R. Graham, Brooks M. Smith, Penny A. Shamblin

University of Richmond Law Review

Recent developments in environmental law in Virginia continue to reflect several trends. These trends may be grouped into six general categories: (1) the growing tension between federal environmental mandates and their practical implementation through delegated state programs; (2) the continuing debate over the exact definition of "interstate commerce" and the scope of state authority to regulate in the gray area; (3) the impending deregulation of the electrical energy market; (4) the promotion of sustainable development; (5) the developing schism between state and local land use control; and (6) the evolving nature of administrative law in the environmental context. The following …

Adr At The Environmental Protection Agency, Joel B. Eisen

Law Faculty Publications

This chapter examines how the U.S. Environmental Protection Agency (EPA) uses alternative dispute resolution (ADR) methods to help resolve complex environmental disputes. In recent years, the EPA's use of ADR has increased dramatically in a wide variety of settings. The EPA has made ADR a central feature of its environmental enforcement strategy, encouraged its use in Title VI and environmental justice conflict settings, and turned to negotiated rulemaking as an alternative to the cumbersome notice-and-comment process for development of new federal regulations. Other EPA programs, such as the Brownfields Economic Redevelopment Initiative, promote nonadversarial methods for tackling complex environmental problems. …

Chronic And Emerging Water Issues In The South Platte/Front Range Corridor, James S. Lochhead

Water and Growth in the West (Summer Conference, June 7-9)

16 pages.

Growth Pressures And Tmdls, David G. Davis, Jamal M. Kadri, Teresa J. Norfleet

Water and Growth in the West (Summer Conference, June 7-9)

18 pages.

Reactions To Epa's Interim Guidance: The Growing Battle For Control Over Environmental Justice Decisionmaking, June M. Lyle

Indiana Law Journal

No abstract provided.

Is The Clean Air Act Unconstitutional?, Cass R. Sunstein

Michigan Law Review

This Article deals with two linked questions. The first involves the future of the Clean Air Act. The particular concern is how the Environmental Protection Agency ("EPA") might be encouraged, with help from reviewing courts, to issue better ambient air quality standards, and in the process to shift from some of the anachronisms of 1970s environmentalism to a more fruitful approach to environmental protection. The second question involves the role of the nondelegation doctrine in American public law, a doctrine that shows unmistakable signs of revival. I will suggest that improved performance by EPA and agencies in general, operating in …

Tmdl Implementation Under The Clean Water Act, Bruce Zander

Strategies in Western Water Law and Policy: Courts, Coercion and Collaboration (Summer Conference, June 8-11)

17 pages (includes illustrations and maps).

Contains references.

Keeping Clean Waters Clean: Making The Clean Water Act's Antidegradation Policy Work, John A. Chilson

University of Michigan Journal of Law Reform

This Note stresses the importance of making the Clean Water Act's antidegradation policy work in order to avoid a system of national waters of equally mediocre quality. The Nation's highest quality and most important waters are not receiving appropriate protection under the Act because the antidegradation policy contains vague definitions, the states fail to review water quality standards every three years and to entertain citizens' petitions, and the Environmental Protection Agency has not taken an active role in ensuring compliance with federal standards. This Note examines the schemes of the Great Lakes States and Florida and hypothesizes that similar provisions …

Reinventing Environmental Regulation Through The Government Performance And Results Act: Are The States Ready For The Devolution?, Rena I. Steinzor

Faculty Scholarship

No abstract provided.

Is There A Private Cause Of Action Under Epa's Title Vi Regulations?: The Need To Empower Environmental Justice Plaintiffs, Bradford Mank

Faculty Articles and Other Publications

This article will apply the Chester three-factor test to find a private right of action implied in the administrative regulations promulgated by various agencies to implement Section 602 of Title VI. This article also proposes that it would be inconsistent to apply today's more stringent standard for inferring congressional intent in deciding whether a private right exists under Section 602. Such inconsistency arises as a result of the Supreme Court's application of a more lenient standard in recognizing a private right of action under Section 601.

Environmental Justice And Title Vi: Making Recipient Agencies Justify Their Siting Decisions, Bradford Mank

Faculty Articles and Other Publications

Title VI prohibits federal agencies from providing funds to state or local agencies that discriminate. Environmental justice advocates have filed over fifty Title VI complaints with the EPA alleging that state or local environmental agencies have granted permits that will cause disparate impacts against minority groups. In February 1998, the EPA promulgated an Interim Guidance on Title VI to help the agency resolve these complaints. A wide range of state and local officials has criticized the Guidance because its vague definition of "disparate impact" may give the EPA too much discretion to find discrimination. This Article demonstrates, however, that the …

Multicultural Participation In The Public Hearing Process: Some Theoretical, Pragmatical, And Analeptical Considerations, John C. Duncan, Jr.

Journal Publications

Ideally, public participation in rule-making leads to better rules. Failure to involve the public obviously dilutes or vitiates democracy in crucial ways. This Article will discuss the hearing process of administrative rule-making, and ways that agencies can accommodate multi-cultural differences so as to improve both access to participation and the efficacy of that participation. Specifically, this paper will discuss the environmental justice movement. Part II of this Article places participation problems in context by looking at specific issues of environmental equity in the rule-making process. Part III examines the need to expand public participation as a desirable goal, discusses obstacles …

Environmental Impact Assessment Laws In The Nineties: Can The United States And Mexico Learn From Each Other?, Heather N. Stevenson

University of Richmond Law Review

The National Environmental Policy Act of 1969 (NEPA) was the first major environmental law in the United States. The statute "was devised to establish a comprehensive national policy which would ... guid[e] federal activity and provid[e] for a coordinated, informed approach toward dealing with environmental problems." Since NEPA's enactment, agencies have been "required to prepare environmental analyses, with input from the state and local governments, Indian tribes, the public, and other federal agencies, when considering a proposal for a major federal action." Although most of the environmental impact assessment law in the world is modeled on NEPA and the impact …

Reinventing Environmental Regulation Via The Government Performance And Results Act: Where's The Money?, Rena I. Steinzor, William F. Piermattei

Faculty Scholarship

No abstract provided.

The Environmental Protection Agency's Project Xl And Other Regulatory Reform Initiatives: The Need For Legislative Authorization, Bradford Mank

Faculty Articles and Other Publications

The focus of this Article is twofold. First, the Article will show that EPA's reform initiatives are severely hampered by a lack of legal authority, and proposes that Congress give EPA sufficient authority to enact needed reforms. Second, this Article will address concerns that reform will lead to inferior environmental protection and public participation. This Article proposes a number of statutory provisions to ensure that, once EPA has sufficient authority to pursue its reform agenda the agency will do so in a way that avoids a diminution of public health safeguards.

Environmental Audits: An Analysis Of The Dilemma And An Assessment Of Oklahoma's Response, Patrick Decker Sachse

Oklahoma Law Review

No abstract provided.