Environmental Law Commons^™

Cries And Whispers: Environmental Hazards, Model Rule 1.6, And The Attorney's Conflicting Duties To Clients And Others, Irma S. Russell

Faculty Works

This article examines the ethical tensions lawyers face when client confidentiality conflicts with the potential for environmental harm. This article focuses on Model Rule 1.6 of the Model Rules of Professional Conduct, arguing that its categorical approach to confidentiality often compels silence even when public safety is at stake. By exploring the role of attorneys as both client advocates and officers of the court, the article critiques the profession’s prioritization of the “attorney as champion” model. Using the hypothetical of a domestic environmental disaster akin to Bhopal, the article highlights the inadequacy of current ethical rules to address widespread …

The Internet: A Critical Technology For The State Of Environmental Law, Jocelyn C. Adkins

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Developing A National Coastal Zone Management Program For Venezuela, Marisol Salazar

LLM Theses and Essays

The primary focus of this study is to develop a National Coastal Zone Management Program for Venezuela, a moderate, comprehensive, and an effective long-term program which allows the development and protection of the Venezuelan Coastal Zone now and in the future. This program must comply with the actual Venezuelan environmental laws and its administrative mechanisms. Also, it must help to control ecological, economic, commercial, social, and human pressures on the Venezuelan coastal area. The design of this project will be based on an analysis of the extensive experience of the U.S.A. coastal states under the Coastal Zone Management Act (CZMA); …

An Alternative To Ready, Fire, Aim: A New Framework To Link Environmental Targets In Environmental Law, Michael P. Vandenbergh

Kentucky Law Journal

No abstract provided.

Still Dirty After Twenty-Five Years: Water Quality Standard Enforcement And The Availability Of Citizen Suits, Michael P. Healy

Law Faculty Scholarly Articles

When Congress enacted the Federal Water Pollution Control Act, commonly known as the Clean Water Act, it established a pollution control regime that imposed a baseline level of technology-based pollution control, and was designed to ensure that water quality would not fall below certain standards. Twenty-five years after the enactment of the Clean Water Act, success may be claimed with regard to technology-based controls. Achieving water quality standard (WQS) compliance has proved much more difficult. Indeed, evaluated from a variety of perspectives, the enforcement of the water quality-based system of pollution control must be viewed as a failure.

In light …

Introduction: How Can Property Be Political?, Zev Trachtenberg

Oklahoma Law Review

No abstract provided.

The Politics Of Property Rights, John D. Echeverria

Oklahoma Law Review

No abstract provided.

An Oklahoma Slant To Environmental Protection And The Politics Of Property Rights, Drew L. Kershen

Oklahoma Law Review

No abstract provided.

The Environment: Private Or Common Property?, Zev Trachtenberg

Oklahoma Law Review

No abstract provided.

Selected Bibliography: The Reintegration Of Hong Kong Into China, Audrey E. Haroz, Jonathan R. Smith

Vanderbilt Journal of Transnational Law

The reintegration of Hong Kong into the People's Republic of China (hereinafter P.R.C.) on July 1, 1997, brought together two countries, one capitalist and one communist, under one rule. As evidenced by the variety of perspectives offered at the Vanderbilt Journal of Transnational Law's Symposium on Hong Kong's Reintegration into the P.R.C., there is much scholarly debate concerning this merger and the effect it will have on the people and politics of both countries as well as on the international community.

An earlier version of this bibliography is included in the May 1997 issue of the Journal. This bibliography has …

Is The Environmental Movement A Critical Internet Technology, Henry H. Perritt Jr.

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Thinking Of Environmental Law As A Complex Adaptive System: How To Clean Up The Environment By Making A Mess Of Environmental Law, J.B. A. Ruhl

Vanderbilt Law School Faculty Publications

This article is the fourth in my series of articles exploring the application of complex adaptive systems (CAS) theory to legal systems. It applies the model built in the three prior installments (in the Duke, Vanderbilt, and UC-Davis law reviews) to the specific context of environmental law. The work describes the subject matter of environmental law as a CAS and explains why environmental law thus must "think like a complex adaptive system" in order to accomplish its objectives.

Fashioning A Comprehensive Environmental Review Code For Tribal Governments: Institutions And Processes, Dean B. Suagee, Patrick A. Parenteau

American Indian Law Review

No abstract provided.

Golden Rules For Transboundary Pollution, Thomas W. Merrill

Faculty Scholarship

Environmental law is becoming ever more centralized. In the United States, state and local pollution laws have been eclipsed by federal regulation. In the European Community, and to a lesser degree under the North American Free Trade Agreement (NAFTA), national controls have been supplemented by regional regulation. And the growing importance of treaties regulating particular aspects of the global environment has reinforced calls for more general regimes of international environmental regulation.

One inevitably given justification for this centralizing trend is that pollution is a transboundary phenomenon. Air and water pollution, and to a lesser extent groundwater contamination, can cross political …

Dec 5 1996 A.Wilkes, Breton Woods To Ngos Re Meeting Wb Managing Director Re Private Sector, Alex Wilks

IFC E&S Performance Standards

No abstract provided.

Oct. 31 1996 Letter From Richard Frank To Alex Wilks Re Envtl Policies In Guarantees, Richard Frank

IFC E&S Performance Standards

No abstract provided.

Environmental Law: Ethics Or Science?, A. Dan Tarlock

Duke Environmental Law & Policy Forum

No abstract provided.

Turning Back The Clock: The Unfunded Mandates Reform Act Of 1995 And Its Effective Repeal Of Environmental Legislation, Susan E. Leckrone

Indiana Law Journal

No abstract provided.

Book Review Of Joel A. Mintz, Enforcement At The Epa: High Stakes And Hard Choices (1995), Michael P. Healy

Law Faculty Scholarly Articles

In this book review, Michael P. Healy discusses Enforcement at the EPA: High Stakes and Hard Choices by Joel A. Mintz.

Adjusting Law To Nature’S Discordant Harmonies, Daniel B. Botkin

Duke Environmental Law & Policy Forum

No abstract provided.

Managing Without A Balance: Environmental Regulation In Light Of Ecological Advances, Timothy H. Profeta

Duke Environmental Law & Policy Forum

No abstract provided.

Regulating The Regulators, W. Kip Viscusi

Vanderbilt Law School Faculty Publications

Since the 1970s, there has been a tremendous growth in government regulation pertaining to risk and the environment. These efforts have emerged quite legitimately because market processes alone cannot fully address risk-related concerns.' Without some kind of regulation or liability, for example, firms lack appropriate incentives to restrict their pollution. Similarly, when products or activities are extremely risky, if people are not cognizant of the risks they face, the firms generating the hazards may not have adequate incentives to issue warnings. To solve these problems, regulatory agencies have mounted a wide variety of efforts to improve the quality of the …

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

Washington and Lee Law Review

No abstract provided.

Aug. 1996, R. Frank, Managing Director, Letter To A. Wilks Bwp Re Envtl Policies In Guarantees, Alex Wilks

IFC E&S Performance Standards

No abstract provided.

Cleaning Up Superfund, W. Kip Viscusi

Vanderbilt Law School Faculty Publications

The cleanup of hazardous wastes is the number one environmental concern of the American people. The government's response: the Environmental Protection Agency (EPA) launched its Superfund program, which was established by Congress in 1980 and reformed in 1986. But, though not even two decades old, the Superfund effort is now a major target of Congress in its regulatory reform efforts. There are two main sources of dissatisfaction: First, cleanups of hazardous wastes are expensive, averaging $25.7 million per site. Superfund expenditures increased from under $400 million in 1985 to over $1.4 billion in 1995 and continue to be above the …

Jun. 6, 1996, J. Lindbaek, Ifc Exec. Vp, Address To Ngos, Jannik Lindbaek

IFC E&S Performance Standards

No abstract provided.

Sept. 1996 A. Durbin, Et Al, Foe 'Private Sector Frenzy' Report On Wb And Privatization, Andrea Durbin, Michelle Chan, Michael Messer

IFC E&S Performance Standards

No abstract provided.

Paradoxical Perils Of The Precautionary Principle, Frank B. Cross

Washington and Lee Law Review

No abstract provided.

Florida's Troubled Phosphate Companies: Can Bankruptcy Law Be Used To Relieve Their Obligation To Reclaim The Land?, Mary Jane Angelo

UF Law Faculty Publications

The conflict that brings us here arises when the earth is disturbed and the environment in which we live is threatened. . . . On the one hand are the corporations who mine phosphate reserves in Florida—their intentions are based on the argument that an ever-shrinking agrarian base in America must have fertilizer to remain effective and productive. On the other hand are the individuals and groups who oppose that mining and their argument is based upon the contention that such mining is too destructive of a unique and very fragile ecosystem.

By the year 2000, phosphate companies will have …

Future Directions In International Environmental Law: Precaution, Integration And Non-State Actors, James Cameron

Dalhousie Law Journal

In this, the Horace E. Read Memorial Lecture for 1995, James Cameron discusses three developments in international environmental law,-the principles of precaution and of integration and the roles of non-state actors. The precautionary principle calls for regulatory intervention to prevent environmental harm even though the risk of damage remains scientifically uncertain. A wide consensus exists in favour of a precautionary approach to environmental management and state practice is sufficient to assert the principle has attained the status of customary international law, but it remains controversial because it demands changes in practice. The principle of integration takes a holistic approach to …