Environmental Law Commons^™

Jul. 14, 1994, J. Lindbach, Evp Ifc, Opening Statement To Board Re Ifc Pol'y On Information, Jannick Lindbach

IFC E&S Performance Standards

No abstract provided.

Jul. 12, 1994, L. Greenwalt, Nwf, Letter To L. Bentsent, Treasury Sec, Re Ifc's Information And Environment Policies, Lynn A. Greenwalt

IFC E&S Performance Standards

No abstract provided.

Jul. 12, 1994, Hon. N. Pelosi, Letter To Treas. Secretary L. Bentson Re Ifc Information Policy, Nancy Pelosi

IFC E&S Performance Standards

No abstract provided.

Jun. 24, 1994, C. Dobson, Bic, Letter To Hon. Barney Frank Re Ifc Access To Information, Bic

IFC E&S Performance Standards

No abstract provided.

Environmental Interest Groups And Land Regulation: Avoiding The Clutches Of Lucas V. South Carolina Coastal Council, Steven R. Levine

University of Miami Law Review

No abstract provided.

Nafta And The Environment: A Trade-Friendly Approach, Bradly J. Condon

Northwestern Journal of International Law & Business

Although the North American Free Trade Agreement, (NAFTA), contains more detailed environmental provisions than any previous trade agreement,' only some of them are mandatory. These mandatory NAFTA environmental rules purport to prevent the use of environmental policy instruments as disguised barriers to trade. Since most human activities have some impact on the environment, a vast array of government regulation could potentially be characterized as relating to the environment. This fact increases the risk that domestic industries will exploit political discretion over environmental policy implementation to put foreign competitors at a disadvantage by raising non-tariff barriers to trade. It is important …

Is There An Ocean Of Difference: A Comparision Of The European Community's And United States' Environmental Regulations Protecting Air And Water Quality, Robert Ballard, Karen M. Keating

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Mesoamerican Biological Corridor: The Legal Framework For An Integrated, Regional System Of Protected Areas, Thomas T. Ankersen

UF Law Faculty Publications

This article first briefly examines the historical basis for the recent movement toward regional environmental integration in Central America. Part II discusses the biological, economic and cultural rationales for a regional, protected-areas system. With this background, Part III reviews the current international law framework for biodiversity conservation. Part IV examines the extent to which existing models of international and regional cooperation incorporate modern scientific principles of conservation biology, such as island biogeography, into their legal framework. Finally, Part V surveys alternative international law approaches for an integrated, regional, protected-areas system to achieve the region's stated goal of preserving an “effective …

Superfund's Second Master: The Uneasy Fit Of Private Cost Recovery Within Cercla, Alfred R. Light

St. Thomas Law Review

No abstract provided.

Overcoming Environmental Discrimination: The Need For A Disparate Impact Test And Improved Notice Requirements In Facility Siting Decisions, Omar Saleem

Journal Publications

No abstract provided.

Cercla, Causation, And Responsibility, John Copeland Nagle

Journal Articles

The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ("CERCLA") and causation have enjoyed an uneasy coexistence. The tension between them results from the circumstances in which CERCLA became law. The Congress that enacted CERCLA considered two alternative liability schemes, both of which required that "polluters pay" for the cleanup of hazardous wastes. The House proposed imposing liability on those who "caused or contributed" to hazardous waste problems, while the Senate looked to specifically designated "responsible parties." The Senate prevailed. The consequences of that choice for the traditional tort concept of causation, like many other questions left unanswered in …

Panel Iii: International Law, Global Environmentalism, And The Future Of American Environmental Policy, Thomas W. Merrill

Faculty Scholarship

From an American perspective, environmental law has undergone two bouts of centralization in the past three decades. Round one occurred in the 1970's, as Congress federalized vast areas of environmental law that had previously been the province of state and local governments. Round two, which is still in an incipient phase, represents the effort to internationalize environmental law.

The question I would like to address is what can we learn from round one about what is likely to happen in round two. My answer, in a nutshell, is that the primary driving force behind the federalization of environmental law in …

Nov. 29, 1993, Corresponence From Sr. Bank Staff, Re Potential Candidates For Wbp, Ibrd

WBIP Creation Up To 1993

No abstract provided.

Environmental Law In The Supreme Court: Highlights From The Marshall Papers, Robert V. Percival

Faculty Scholarship

Justice Marshall served on the Court from 1967 until 1991. During that period, Congress passed all of the major federal environmental statutes and environmental regulation mushroomed. As a result, the Marshall papers reveal how the Court reached decisions that have shaped modern environmental law. The author, a former law clerk to former Justice Byron White and an associate professor of law at the University of Maryland, begins by describing the history of the Court's treatment of environmental disputes. He then discusses the steps the Justices take in deciding whether to accept cases for review; in reaching decisions on the merits …

Protection, Not Protectionism: Multilateral Environmental Agreements And The Gatt, Betsy Baker

Vanderbilt Journal of Transnational Law

In this Article, Dean Baker examines the compatibility of multilateral environmental agreements with the provisions of the General Agreement on Tariffs and Trade (GATT). The author discusses the key provisions of the Basel Convention on the Control of Transboundary Movements of Hazardous Waste, the Montreal Protocol on Substances that Deplete the Ozone Layer, the United Nations Framework Convention on Climate Change, and the GATT. The author then reviews the conflict between unilateral environmental protection and open and free trade under the GATT. The author concludes the collective interests represented by international environmental agreements, and the agreements themselves, should provide a …

The Environmental Laws And Policies Of Taiwan: A Comparative Law Perspective, Dennis T. Tang

Vanderbilt Journal of Transnational Law

This Article discusses the development of environmental regulation and preservation in Taiwan in light of United States environmental law. The Article begins with a discussion of how few measures have been enacted to protect the Taiwanese environment. It then illuminates some of the problems with the Taiwanese environmental regulations that do exist. According to the author, some of these problems include: ambiguous and conflicting goals enunciated in the legislation; political pressures on the authorities influencing environmental policies; poor enforcement mechanisms; a legislative bias in favor of regulating new sources of pollution and against enforcing regulations in the case of old …

Sept. 24, 1993, Memo From L. Preston, Wb President To All Staff, Announcing Creation Of Wbip, Lewis T. Preston

WBIP Creation Up To 1993

No abstract provided.

Sept 22 1993, Board Transcript, Establishment Inspection Panel, Ibrd

WBIP Creation Up To 1993

No abstract provided.

September 20, 1993 Ngo Memo Re Comments On The World Banks Draft Resolution For Creating An Independent Inspection Panel, Lori Udall, David Hunter, Jim Barnes, Chad Dobson

WBIP Creation Up To 1993

No abstract provided.

Fo, Pol'y Brief, Analysis Of Ifc Procedures And Policies Against Fy 95 Certification Requirements, Ifc

IFC E&S Performance Standards

No abstract provided.

Augst 27, 1993 Public Transcript Of Ibrd Ida Board Meeting On Panel Of August 27 1993, Ibrd

WBIP Creation Up To 1993

No abstract provided.

August 26, 1993 Creating An Independent Appeals Commission At The World Bank, David Hunter, Lori Udall, Peter Bosshard

WBIP Creation Up To 1993

No abstract provided.

August 26, 1993 Transcript Of Ibrd Idaboard Meeting On Panel Of-August-26-1993, Ibrd

WBIP Creation Up To 1993

No abstract provided.

August 23, 1993 Ngo Memo To Clinton Adm Re Comments On World Bank Draft Paper On Functions And Operations Of An Inspection Function, Lori Udall, Jim Barnes, Barbara Bramble, Chad Dobson, Larry Williams, David Hunter

WBIP Creation Up To 1993

No abstract provided.

Aug 6, 1993, Ibrd, Memo To Wb Board, Paper, Function And Operations Of An Inspection Function And August 5 Draft Resolution, The World Bank

WBIP Creation Up To 1993

This document includes the April 6 Board Paper prepared by IPR staff and entitled “Function and operations of an Inspection Function.” Also included with the Board Paper is the Draft Resolution dated August 6, prepared by the General Counsel Ibrahim Shihata. These documents were prepared for discussion at the August 26 Board meeting. These papers reflected Board comments made at the July 9 meeting on the June 10 options paper, Operations Inspection in the Bank: Issues and Options, In light of those comments, the cover memo highlights that in this version: The Objectives of, and rationale for, the inspection have …

Aug 6 1993, Ibrd, Board Paper, Function And Operations Of An Inspection Function, Ibrd

WBIP Creation Up To 1993

No abstract provided.

July 9, 1993transcript-Public-Of-Ibrd-Ida-Board-Informal-Meeting-Of-July-9-1993-Redacted, Ibrd

WBIP Creation Up To 1993

No abstract provided.

Disclosure Of Environmental Liabilities Under The Securities Laws: The Potential Of Securities-Market-Based Incentives For Pollution Control , Perry E. Wallace

Washington and Lee Law Review

No abstract provided.

The Preemption Of State Hazardous And Solid Waste Regulations: The Dormant Commerce Clause Awakens Once More, Michael P. Healy

Law Faculty Scholarly Articles

Last term, for the first time since its watershed decision in Philadelphia v. New Jersey, the Supreme Court considered the extent to which the Commerce Clause of the United States Constitution constrains a state's ability to regulate the disposal of hazardous and solid waste within its borders. In two cases, Chemical Waste Management, Inc. v. Hunt and Fort Gratiot Sanitary Landfill, Inc. v. Michigan Department of Natural Resources, the Supreme Court acted to limit substantially states’ ability to respond independently to the crisis of solid and hazardous waste disposal. The Article describes the harmful impact of the Court's …

Toward The Twenty-First Century: A Canadian Legal Perspective On Resource And Environmental Law, Constance D. Hunt

Osgoode Hall Law Journal

This paper surveys existing and emerging Canadian approaches to environmental and resource management issues, and assesses the strengths and weaknesses of some of our past and current approaches. It considers the challenges posed by the fact that Canada is a federal state as illustrated by jurisdictional competition regarding environmental assessment. The successful utilization of cooperative strategies is considered and examples are given of new problems that need to be addressed. Difficulties faced by governmental, judicial, and administrative bodies are surveyed. Examples are given of emerging legislative strategies. It is concluded that, while much change is apparent, it is far from …