Environmental Law Commons^™

The Effectiveness And Fairness Of Superfund's Judicial Review Preclusion Provision, Michael P. Healy

Law Faculty Scholarly Articles

This article examines the effectiveness and fairness of section 113(h) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund). That broadly-worded provision forecloses judicial review of Superfund cleanups prior to enforcement or cleanup completion by requiring that any review action fall within several narrowly-defined exceptions.

After providing an overview of the statute, its enforcement mechanisms, and a context for considering section 113(h), the article summarizes how courts have applied CERCLA's timing of review provision, focusing principally on recent interpretations of the provision. Finally, the article evaluates the effectiveness and fairness of CERCLA review preclusion and concludes by …

Environmental Rights And Indigenous Wrongs, Mahnoush H. Arsanjani

St. Thomas Law Review

The early writers of international law were environmentally literate. Grotius, for example, in his great novel, The Law of War and Peace, prohibited certain potentially advantageous tactics because of their long-term environmental costs. But, the early writers lived in a preindustrial era, where it was reasonable to design a public order based on maximum access and use, and minimum regulation. After all, no matter how many wind driven ships sailed the ocean surface, the ocean would not "wear out." The industrial revolution irrevocably changed that reality. International concern about the protection of the environment began to take political form and …

Environmental Law: The Clean Water Act--Understanding When A Concentrated Animal Feeding Operation Should Obtain An Npdes Permit, Jeff L. Todd

Oklahoma Law Review

No abstract provided.

Private Enforcement Of Nafta Environmental Standards Through Transnational Mass Tort Litigation: The Role Of United States Courts In The Age Of Free Trade Symposium - The Environment And The United States-Mexico Border - Comment., Michael Sang H. Cho

St. Mary's Law Journal

Maquiladoras are manufacturing facilities along the United States-Mexico border operated by transnational corporations (TNCs). The arrival of the North American Free Trade Agreement (NAFTA) meant TNCs are free to move capital and operations across the United States-Mexico border at will. Yet, the maquiladora workers are not free to travel or seek employment across the border. The NAFTA debate in the United States raised public awareness of environmental problems in the border region. Nevertheless, maquiladora workers have lived with environmental degradation long before the NAFTA environmental debate began. With the passage of NAFTA, increased trade and the burgeoning industries along the …

Jurisdiction To Review Agency Inaction Under Federal Environmental Law, Daniel P. Selmi

Indiana Law Journal

No abstract provided.

Ifc Legal Department, Model Investment Agreement E&S Provisions, 1996, Ifc

IFC E&S Performance Standards

No abstract provided.

Fruits Of The "Impenetrable Jungle": Navigating The Boundary Between Land-Use Planning And Environmental Law, Michael Allan Wolf

Law Faculty Publications

On June 24, 1994, America's local governments, financially strapped and already subject to potential liability in a number of areas, received an unwelcome gift from the United States Supreme Court--Dolan v. City ofTigard. For the third time in seven years, the Justices ended their term by releasing an opinion further extending the reach of the Fifth Amendment's Takings Clause. This decision was a cause for celebration in the ranks of private property champions and consternation among Court critics who perceive a return to the bad old days of substantive due process, the Court's second-guessing of government decisionmaking, this time …

Nafta And The Environment: Dealing With Abnormally High Birth Defect Rates Among Children Of Texas-Mexico Border Towns Symposium - The Environment And The United States-Mexico Border - Comment., Kelly L. Reblin

St. Mary's Law Journal

Along the 868-mile Texas-Mexico border thousands of young women live in fear as deadly birth defects with unknown causes threaten the lives of their unborn children. A total of ninety cases of the birth defect anencephaly, meaning the fetus has no brain, were reported in the fourteen Texas border counties between 1986 and 1991. The cause of these birth defects has yet to be determined officially; yet, researchers and residents along the Texas-Mexico border blame poor environmental conditions caused by the maquiladora industry and inadequate sewage facilities. The Texas Department of Health and the Centers for Disease Control investigated the …

What Should Be The Leading Principles Of Land Use Planning? A German Perspective, Clifford Larsen

Vanderbilt Journal of Transnational Law

In this Article discussing German land use planning, the author begins by tracing the historical emergence of land use planning in Germany. The author then evaluates the influence of Germany's constitution on the fundamental principles of land use planning. The author reviews German land use planning's historical and constitutional foundations, then examines the goals guiding federal and state planning and the system constructed to achieve these goals. The author proceeds to analyze the challenges presented to German land use planning by reunification, the environment, and European interdependence. In conclusion, the author reviews the relative merits of German land use planning …

Malpractice And Environmental Law: Should Environmental Law "Specialists" Be Worried?, J.B. Ruhl

Vanderbilt Law School Faculty Publications

This article examines the field of environmental law as a potential minefield for malpractice claims given its complex and dynamic nature. The article outlines principles for malpractice law applied to environmental law, based on malpractice principles applied in the tax and patent fields.

Book Review, Lakshman D. Guruswamy

Publications

No abstract provided.

The Missing Chinese Environmental Law Statutory Interpretation Cases, John Copeland Nagle

Journal Articles

Environmental law and theories of statutory interpretation have developed side by side in the United States during the past twenty-five years. Many of the leading environmental law cases are also statutory interpretation cases. China is different. China has enacted many environmental statutes, often patterned after foreign laws such as those in the United States, but there are no Chinese environmental law statutory interpretation cases.

This article examines why there are no such cases, and what we may learn from that fact. I am indebted to the work of Professor Stewart, whose engaging article in this symposium issue combines three of …

Roundtable Discussion, Edgar J. Asebey, Jonathan I. Charney, Christopher C. Joyner, Lee A. Kimball, Catherine Tinker, Daniel W. Simcox

Vanderbilt Journal of Transnational Law

Mr. Asebey: I agree with Professor Tinker absolutely about indigenous rights. But one thing we did not focus on very much, and I think is one of the most important aspects of conservation, is not how many species are or are not lost, and what the satisfactorily verifiable data establishes. If you go to Latin American and other developing countries, the people closest to biodiversity are the people who are most impacted by deforestation and some other destructive uses. These people who depend on the forest or the biosystems for their living, for their survival, they are being displaced all …

Sept. 18, 1995, Treasury Sec. R. Rubin, Letter To Vp Al Gore Jr. Re Ifc Envtl Standards, Robert E. Rubin

IFC E&S Performance Standards

No abstract provided.

Sept. 12, 1995, Cong. N. Pelosi And Cong. J. Porter, Letter To Treasury Sec. R. Rubin Re Ifc Polices, Nancy Pelosi

IFC E&S Performance Standards

No abstract provided.

Sept. 12, 1995, Cong. N. Pelosi And Cong. J. Porter, Letter To Wb Pres. J. Wolfensohn Re Ifc Policies, Nancy Pelosi

IFC E&S Performance Standards

No abstract provided.

Be Fruitful, And Multiply, And Replenish The Earth, And Subdue It: Third World Population Growth And The Environment, Omar Saleem

Journal Publications

No abstract provided.

Jun. 30, 1995, Sen. J. Kerry And Rep. J. Porter, Co-Chairs Of Globe, Letter To Vice Pres Al Gore Re Ifc Information Policy, John F. Kerry, John Edward Porter

IFC E&S Performance Standards

No abstract provided.

May 10, 1995, C. Dobson, Letter To L. Summers, Undersecretary For Int'l Affairs, Treasury Re Adb And Ifc Policies, Chad Dobson

IFC E&S Performance Standards

No abstract provided.

The Future Of Europe Lies In Waste, Daniel W. Simcox

Vanderbilt Journal of Transnational Law

This Note suggests that waste issues provide valuable insight into the European Community. As the Community has developed more fully into a common market, the movement of waste across national borders has caused concern in some member states. Waste has flowed from states with more restrictive environmental standards to those with less restrictive standards. In some states, the perceived increase in waste importation gave rise to public outcry for laws that banned any further waste importation.

After illustrating the problems by discussing a waste crisis in Belgium, this Note examines the European Community's response to such problems. This study reveals …

Apr. 25, 1995, L. Summers, Under-Secretary, Memo To Secretary Rubin Re Fy 1995 Ifc Appropriation Conditions, Lawrence Summers

IFC E&S Performance Standards

No abstract provided.

Current Issues In Environmental Law, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, W. Henry Graddy Iv, Jack C. Bender, Thomas W. Fitzgerald, Carl W. Breeding, Marcus P. Mcgraw, Phillip J. Shepherd, David J. Smart, Dennis J. Conniff, Lloyd R. Cress Jr., E. Douglas Stephan, James L. Dickinson, Todd E. Leatherman, Elizabeth U. Natter, W. Patrick Stallard, Rick L. Thomas, Bradley E. Dillon, Vanessa M. Berge, Ronald R. Van Stockum Jr.

Continuing Legal Education Materials

Materials from the Current Issues in Environmental Law seminar held by UK/CLE in April 1995.

Bad Actor Statutes: An Environmental Trojan Horse?, Melissa J. Horne

Vanderbilt Law Review

Congress and the state legislatures have manifested their increasing concern for environmental protection over the past several years by focusing more attention on the punishment of those who violate environmental protection requirements. Rather than seeking to enforce environmental standards merely through civil penalties, lawmakers have imposed criminal penalties, including fines and even jail sentences, on those who violate environmental requirements, from plant managers all the way up the ladder to corporate officers.'

Lawmakers and agency officials have not limited their efforts to the conviction and punishment of environmental criminals, however. Many states have adopted so-called "bad actor" statutes that allow …

Federalism Issues Related To The Probable Emergence Of The Toxic Substances Control Act, Jim Florio

Maryland Law Review

No abstract provided.

Friends Of The Earth, Pol'y Brief, Analysis Of Ifc Procedures And Policies Against Fy 95 Certification Requirements Undated, 1995, Friends Of The Earth

IFC E&S Performance Standards

No abstract provided.

Feb. 3, 1995, Amy Mcrae To D. Hunter (Ciel), Ifc Information, Ifc

IFC E&S Performance Standards

No abstract provided.

1995 (Undated), Foe, Pol'y Brief, Analysis Of Ifc Procedures Against Fy 95 Certification Requirements, Friends Of The Earth

IFC E&S Performance Standards

No abstract provided.

Federalism In Wetlands Regulation: A Consideration Of Delegation Of Clean Water Act Section 404 And Related Programs To The States, Oliver A. Houck, Michael Rolland

Maryland Law Review

No abstract provided.

Symposium - Environmental Federalism: Historical Roots And Contemporary Models, Robert V. Percival

Maryland Law Review

No abstract provided.

Enforcement Of Environmental Law In A Triangular Federal System: Can Three Not Be A Crowd When Enforcement Authority Is Shared By The United States, The States, And Their Citizens?, David R. Hodas

Maryland Law Review

No abstract provided.