Environmental Law Commons^™

An Outline History Of Environmental Law And Administration In Poland, Daniel H. Cole

Articles by Maurer Faculty

No abstract provided.

The Practice Of Federalism Under The Clean Air Act, John P. Dwyer

Maryland Law Review

No abstract provided.

On The Topology Of Uniform Environmental Standards In A Federal System - And Why It Matters, James E. Krier

Maryland Law Review

No abstract provided.

Biodiversity Federalism, A. Dan Tarlock

Maryland Law Review

No abstract provided.

Structuring A Market-Oriented Federal Eco-Information Policy, Peter S. Menell

Maryland Law Review

No abstract provided.

Limitations On State Agency Authority To Adopt Environmental Standards More Stringent Than Federal Standards: Policy Considerations And Interpretive Problems, Jerome M. Organ

Maryland Law Review

No abstract provided.

The Inadequacies Of Congressional Attempts To Legislate Federal Facility Compliance With Environmental Requirements, Melinda R. Kassen

Maryland Law Review

No abstract provided.

Our Federalism, Our Hazardous Waste, And Our Good Fortune

Maryland Law Review

No abstract provided.

A Comparison Of Environmental Federalism In The United States And The European Union, Clíona J.M. Kimber

Maryland Law Review

No abstract provided.

Regulatory Takings And Wetland Protection In The Post-Lucas Era, Richard C. Ausness

Law Faculty Scholarly Articles

In June 1992, the United States Supreme Court decided Lucas v. South Carolina Coastal Council. The case involved a claim for compensation against the State of South Carolina by a landowner who was prohibited from placing structures on two of his beachfront lots. The Court declared that the landowners must be compensated when government regulations deprive them of all economically beneficial or productive uses of their property unless the proscribed uses were not permitted as part of their original titles.

Although some legal commentators have praised the Lucas decision, others have strongly condemned it. A common criticism of Lucas …

Two Propositions About Biodiversity, Clifford S. Russell

Vanderbilt Journal of Transnational Law

In his opening statement, Professor Russell gives two reasons why humankind should worry about the diversity of life on earth: (1) diversity is thought to make ecological systems more resilient to natural and man-made shocks; and (2) diversity provides a library of genetic information upon which society may draw. Professor Russell nevertheless warns against the notion that a 'safety-first" or safe minimum standard approach to environmental preservation is the correct response to these concerns. First, 'safety" is impossible to define. And, second, preserving all systems at all costs demands that society forego significant current economic rewards that result from altering …

Man Or Beast: The Convention On Biological Diversity And The Emerging Law Of Sustainable Development, W. Robert Ward

Vanderbilt Journal of Transnational Law

Mr. Ward explores the legal nature of the Convention on Biological Diversity by examining patterns in the development of international law. He considers two categories of global agreements: (1) novel issues agreements and (2) general principles agreements. The article defines these two types of agreements and then considers whether the Convention addresses a novel issue in conservation law. Mr. Ward argues that the Convention is instead a general principles agreement that marks a new development in international law. The article concludes by exploring how the Convention may influence the further evolution of the law of sustainable development.

Hazardous Waste Exportation: The Global Manifestation Of Environmental Racism, Hugh J. Marbury

Vanderbilt Journal of Transnational Law

During the last decade, the United Nations and other international organizations have been struggling with the issue of hazardous waste exportation to developing countries. At the same time, the United States has been grappling with environmental racism. However, critics of both hazardous waste exportation and environmental racism have overlooked their similarities, namely, that hazardous waste exportation and environmental racism place a disproportionate burden on the same classes of people, the poor and minorities. The exportation of hazardous waste to developing countries is essentially environmental racism on an international scale.

This Note briefly explains the history and economic motivations behind hazardous …

Issues In The Measurement Of Biological Diversity, Andrew R. Solow, James M. Broadus

Vanderbilt Journal of Transnational Law

There are many national and international efforts to conserve biological diversity. However, since conservation resources are scarce, they must be used as effectively as possible. This Article examines recent developments in the definition and measurement of biological diversity . The authors explore the advantages and disadvantages of various measures of biological diversity, and the sensitivity of the optimal allocation of conservation resources to alternative measures. This Article demonstrates the importance of the choice of a biological diversity measure while simultaneously indicating that this choice is only one part of the ultimate goal of conservation.

Biodiversity: Opportunities And Obligations, Jonathan I. Charney

Vanderbilt Journal of Transnational Law

This issue of the Vanderbilt Journal of Transnational Law is devoted to the Symposium on Biological Diversity that was convened by the Journal at the Vanderbilt University School of Law on January 20-21, 1995. The focus of the Symposium was the United Nations Convention on Biological Diversity. Biological diversity is a relatively new term in international law and relations. The Biological Diversity Convention was one of the products of the United Nations Conference on Environment and Development (UNCED) that was held in Rio de Janeiro, Brazil in June of 1992. Since the Convention was a product of UNCED, its substance …

International Law And The Protection Of Biological Diversity, Daniel M. Bodansky

Vanderbilt Journal of Transnational Law

This article provides a general overview of international environmental law and biodiversity. First, the article argues that biodiversity is an international issue because international cooperation is necessary to implement national preservation policies effectively and because the benefits of biodiversity accrue in part to the international community. Second, the article discusses existing international law relevant to biodiversity, including wildlife and habitat protection treaties, the 1992 Convention on Biological Diversity, and general principles of international environmental law such as the precautionary principle, the principle of intergenerational equity, and the principle of differentiated responsibilities. Finally, the article recommends that the international community use …

Biodiversity In The Marine Environment: Resource Implications For The Law Of The Sea, Christopher C. Joyner

Vanderbilt Journal of Transnational Law

Professor Joyner begins by explaining what biodiversity is and how it is currently being threatened. He then describes the existing international prescriptions that relate to the preservation of biodiversity, including the Convention on Biodiversity, the Convention on the Law of the Sea, the Convention on the Prevention of Marine Pollution by Dumping and Other Matter, and the International Convention for the Prevention of Pollution from Ships. Professor Joyner examines how these prescriptions protect or fail to protect biodiversity in the marine environment, both independently and in conjunction with related international environmental law. Finally, he assesses how international organizations, regional protection …

Responsibility For Biological Diversity Conservation Under International Law, Catherine Tinker

Vanderbilt Journal of Transnational Law

Professor Tinker begins with a general discussion of biodiversity law within the context of existing international environmental issues and traditional international lawmaking. The article analyzes the legal issues that attend the fulfillment of the objectives of the Biodiversity Convention. The article examines the work of the International Law Commission on state responsibility and liability for environmental harm. The article then explores the precautionary principle and argues that it should be more aggressively applied in order to fulfill the mandate of the Biodiversity Convention.

Overtaking The Fifth Amendment: The Legislative Backlash Against Environmentalism, Michael Allan Wolf

Law Faculty Publications

These are heady times for the champions of private property rights. The U.S. Supreme Court, in Dolan v. City of Tigard, building on the foundation laid in Nollan v. California Coastal Commission and Lucas v. South Carolina Coastal Council,6 chastised a local government for its apparent failure to demonstrate that the development conditions placed on a commercial landowner were "roughly proportional" to the city's goals of floodplain protection and traffic regulation. Judges sitting on the U.S. Court of Claims ("Claims Court"), a veritable hotbed of regulatory takings activity, have issued a series of opinions resulting in hefty bills …

Consolidated Environmental Regulation In West Virginia, David M. Flannery, Kathy G. Beckett, Michael P. Mcthomas

West Virginia Law Review

No abstract provided.

Lessons From The Procedural Politics Of The "Comprehensive" National Energy Policy Act Of 1992, Jim A. Rossi

Vanderbilt Law School Faculty Publications

This Article examines the political and procedural history of the EP Act in order to arrive at some general lessons and recommendations regarding congressional formation of energy policy. At least two commentators on the EP Act praise it as the "second generation" of federal energy policy, based in laws that achieve "their mandates more by consensus than coercion." The EP Act's history, however, was far from smooth. Procedural obstacles, such as filibuster, inter-committee conflict, and inter-chamber conflict, led many to declare the EP Act dead on several occasions prior to its passage.

An American Perspective On Environmental Impact Assessment In Australia, Mark Squillace

Publications

No abstract provided.

"Not In My State's Indian Reservation"-- A Legislative Fix To Close An Environmental Law Loophole, Roger R. Martella, Jr.

Vanderbilt Law Review

For hundreds of years, this continent's Indians shared a spiritual belief that they must respect and protect their Mother Earth above all else. Today, however, many tribes no longer view the environment as a bank of natural resources that they must shield and shelter at any cost. Instead, the economic pressures of the twentieth century-particularly underdevelopment, unemployment, and poverty -are forcing a growing number of Indian tribes to exchange the spiritual view of their once pristine environment for a commercial one. This shift from nurturing nature to exploiting the environment on a growing number of reservations results largely from a …

Oct. 1994, Ifc, Policy On Disclosure Of Information-Ss, Ifc

IFC E&S Performance Standards

No abstract provided.

The Impact Of Environmental Liabilities On Privatization In Central And Eastern Europe: A Case Study Of Poland, Randall Thomas

Vanderbilt Law School Faculty Publications

The Central and Eastern Europe (CEE) countries are breaking up their centrally planned economies at a record pace by selling formerly state-owned industrial enterprises to private sector investors. Privatization is expected to create more profit-oriented and efficient industries, a predicate for sustained long term economic growth. This transformation from public to private ownership presents tremendous challenges to these new democracies as they struggle to create market economies and democratic institutions.

Sept. 1, 1994, D. Hunter, Memo To Ngos Re Litigation Strategy To Enforcing Pelosi Amendment, David Hunter

IFC E&S Performance Standards

No abstract provided.

Aug. 23, 1994, S. Levine, Treasury Dep. Asst Sec., Letter To C. Dobson, Bic, Opposing Application Of Pelosi Amendment To Ifc, Susan M. Levine

IFC E&S Performance Standards

No abstract provided.

Cong. Res. Serv. Does The Pelosi Amendment Apply To The Ifc, August 12, 1994, Jonathan E. Sanford

IFC E&S Performance Standards

No abstract provided.

Jul. 29, 1994, L. Bentsen, Treasury Sec., Letter To N. Pelosi Opposing The Pelosi Amendment's Application To Ifc, Ifc

IFC E&S Performance Standards

No abstract provided.

Jul. 14, 1994, J. Piercy, Us Wb Ed, Statement On Ifc's Policy On Information Disclosure, Jan Piercy

IFC E&S Performance Standards

No abstract provided.