Environmental Law Commons^™

Environmental And Resource Law In Australia, Ben Boer

Osgoode Hall Law Journal

This article outlines the development of environmental and resource law in Australia and explores its constitutional and political setting. The need for a national approach to the environment within the context of Australia as a federally organized country is recognized, particularly with regard to Australia's international obligations and the fact that environmental issues span state, territory, and/or national boundaries. It is argued that, to date, federal action with respect to the environment does not satisfactorily demonstrate the emergence of a national environmental strategy. However, the recent Intergovernmental Agreement on the Environment, signed by the state and federal governments in 1992, …

Primer On Federal Facility Compliance With Environmental Laws: Where Do We Go From Here?, Nelson D. Cary

Washington and Lee Law Review

No abstract provided.

Natural Resources Policy And Law: Trends And Directions, Lawrence J. Macdonnell, Sarah F. Bates

Books, Reports, and Studies

This digital resource contains only an abstract, cover image and table of contents information from the published book.

Print copy of book is available in the University of Colorado’s Wise Law Library: http://lawpac.colorado.edu/record=b143382~S0

Contents: Rethinking resources : reflections on a new generation of natural resources law and policy / Lawrence J. MacDonnell, Sarah F. Bates -- Natural resources law : an historical perspective / Clyde O. Martz -- Trends in public land law : (a title the inaccuracy of which should become manifest) / George Cameron Coggins -- Mineral law in the United States : a study in legal change …

Beyond The Spotted Owl Problem: Learning From The Old-Growth Controversy, Alyson C. Flournoy

UF Law Faculty Publications

This Article is a case study of a single controversy that has been raging in the Pacific Northwest: the now infamous dispute over logging in publicly owned old-growth forests and the attendant threat to the northern spotted owl. The spotted owl, confronting extinction, sits at the center of the controversy, but the debate extends far beyond the fate of the owl, raising issues about the intrinsic value of unique and native ecosystems and the long-term consequences of logging practices on our public lands on the one hand, and about the costs of environmental protection and economic transition on the other.

Judicial Review And Cercla Response Actions: Interpretive Strategies In The Face Of Plain Meaning, Michael P. Healy

Law Faculty Scholarly Articles

This Article examines the role courts play under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) in cleaning up releases of hazardous substances. Congress intended the courts to have an important role in implementing the cleanup process-particularly in defining the scope of liability for CERCLA cleanups. But Congress also included a broadly-worded provision that forecloses federal judicial review of CERCLA cleanups unless the review action falls within several narrowly-defined exceptions.

Notwithstanding the terms of the provision foreclosing review, litigants have turned to the courts, asserting that immediate review should be available in cases beyond those exceptional proceedings. Those asserting …

The Earth As Eggshell Victim: A Global Perspective On Domestic Regulation, Alfred C. Aman

Articles by Maurer Faculty

In the now famous case of Vosburg v. Putney, the Wisconsin Court enunciated the common law doctrine since known as the "eggshell skull" or "thin skull" rule: you take your victim as you find him. The thin skull rule is a productive starting point for a dialogue on the place of law in any effort to control (or reverse) the cumulative damage to the planet's ecosystem. Any such dialogue requires a global perspective that fuses international and domestic approaches to law. Environmental law must assess not only the level of assault against the earth, but also the risk of the …

Recycling: A Report From The Laboratories, Steven P. Reynolds

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Causation In Fact In Omission Cases, David A. Fischer

Faculty Publications

This article analyzes the difficulties involved in attributing cause in fact in omission cases, and suggests possible resolutions. Part II discusses the basic concept of causation, and the distinction between acts and omissions. Part III discusses the particular problems that arise in applying causation principles in omission cases. Part IV then analyzes these problems from both corrective justice and economic analysis perspectives. Finally, the article suggests an approach for solving these complex issues.

Jul. 31 1992, Ciel, Comments On Temporary Procedures For The Envt Assessment Of Mdb Activities, Ciel

IFC E&S Performance Standards

No abstract provided.

June 18, 1992, Sardar Sarovar - Letter Conveying Report To Wb President And Recomendations From Ch 17, Bradford Morse, Thomas R. Berger, Sardar Sarovar

WBIP Creation Up To 1993

No abstract provided.

Environmental Review And Economic Development: A Modest Proposal, Howard Goldman

Fordham Urban Law Journal

Environmental Review requires government, whenever taking discretionary action, consider the consequences on the environment. This essay briefly explores what exactly environmental review is and advocates for the exporting of the New York versions of Environmental Review requirements to all trading nations across the world.

The International Law Of The Environment From The U.S. Perspective: A Case Study: The U.S. And Mexico, Robert Summers

Faculty Articles

The subject of public international law is vast, rich and varied, thus offering the potential to explore many interrelated topics ranging from the lofty philosophical precepts of positivist and naturalist thought to the technical intricacies of international business transactions. Many of these topics are also historically relevant to the long and often inclement history of Mexican-U.S. relations. These include the law of war, peace and neutrality, self-determination, territory, recognition, and diplomatic and consular privileges and immunities. Regrettably, the allotment of time and space for the subject of public international law in the Joint Venture Program does not allow discourse on …

Direct Liability For Hazardous Substance Cleanups Under Cercla: A Comprehensive Approach, Michael P. Healy

Law Faculty Scholarly Articles

In enacting the Comprehensive Environmental Response, Compensation & Liability Act (CERCLA), Congress intended to impose liability for hazardous substance cleanups on all parties responsible for a site's use and contamination. However, in implementing the CERCLA liability scheme, courts have issued opinions offering unclear and misguided explanations of their decisions. The author suggests that, to properly assure CERCLA's proper operation, the basis for the imposition of liability must be clarified. To this end, the author examines the prescribed liability for individuals, parent corporations and secured creditors and explains the appropriate grounds for the responsibility of each.

Environmental Permits: Land Use Regulation And Policy Implementation In Texas., Wm. Terry Bray, R. Alan Haywood, David S. Caudill, Pamela S. Bacon

St. Mary's Law Journal

Real estate lawyers traditionally focused on the applicable zoning ordinances of the governing municipality. Real estate lawyers also are familiar with applicable subdivision ordinances, which typically impose additional limitations on the use of real property. Subdivision platting was originally envisioned as a procedure to ensure orderly development of property within the jurisdiction of a municipality. Many local land use regulations promulgated in recent years focus on the “environment” and purport to be necessary to conserve and protect natural resources. A complex network of federal and state statutes now exists which regulates the use of real property in order to protect …

Ifc And The Environment, Oct. 1991, Ifc

IFC E&S Performance Standards

No abstract provided.

Regulation--And Contract--In Environmental Law, Richard A. Epstein

West Virginia Law Review

No abstract provided.

The Single Owner Revisited: A Brief Reply To Professor Lewin, Richard A. Epstein

West Virginia Law Review

No abstract provided.

Whose Values Are Protected By Environmental Regulation--A Response To Professor Epstein, Jeff L. Lewin

West Virginia Law Review

No abstract provided.

Individual Enforcement Of Canada's Environmental Protection Laws: The Weak-Spirited Need Not Try, Roger W. Proctor

Dalhousie Law Journal

It is no secret that public awareness and concern for environmental protection in Canada has increased significantly in recent years. Legislators have addressed these concerns by implementing new laws to regulate the various practices that impact negatively on the environment. With statutes in hand, environmentally conscious individuals are beginning to intervene personally to monitor compliance and ensure enforcement of these new laws.

Oil Pollution Act Of 1990: Opening A New Era In Federal And Texas Regulation Of Oil Spill Prevention, Containment And Cleanup, And Liability, J.B. Ruhl, Michael J. Jewell

Vanderbilt Law School Faculty Publications

This article assesses Congress' effort, through enactment of OPA, to meet the goals it stated in 1989. Part II provides an overview of the fragmented" condition of pre-OPA federal law addressing oil spills and an examination of the deficiencies Congress believed existed in that body of law. An understanding of those perceived deficiencies is essential for interpreting OPA. Part III surveys the basic features of OPA, particularly its liability provisions. It concludes that, although OPA surely achieves a major overhaul of federal oil spill law, it is basically in the same boat. Part IV examines the response of the states …

Regional Habitat Conservation Planning Under The Endangered Species Act: Pushing The Legal And Practical Limits Of Species Protection, J.B. Ruhl

Vanderbilt Law School Faculty Publications

To many, the ESA is the epitome of an anti-growth agenda, seemingly used as a pretext for stopping development rather than for the ostensible purpose of species protection. To its staunch supporters, however, the ESA represents one of the purest statements of the environmentalist ethic and a powerful weapon against the ravaging of spaceship Earth. To those who work with the ESA on a regular basis, it, like many other environmental laws, has its good and bad points ... This Article does not attempt to resolve all the compelling questions posed by the conflicting policy objectives associated with the ESA. …

Attorney Fees As Superfund Response Costs, K.K. Duvivier, Carolyn L. Buchholz

Sturm College of Law: Faculty Scholarship

Although other areas of natural resources law have been hit by hard times, the environ- mental area is burgeoning. The intricacies of the Comprehensive Environmental Response, Com- pensation and Liability Act (CERCLA or Super- fund), as amended by the Superfund Amendments and Reauthorization Act of 1986 (SARA), ensure attorney participation. Further- more, much of the fuel that drives CERCIA lit- igation is the presumption by many clients that their attorney fees are costs that can be re- covered as response costs under section 107 of CERCLA. 42 U.S.C. S 9607 (1983). Such an assumption may be a serious and costly …

The Legislative Process In The Virginia General Assembly: Ten Case Studies Of Environmental Legislation Proposed By Hampton Roads Cities, Betty Jean Meyer

Theses and Dissertations in Urban Services - Urban Management

This study addresses the following two questions: (1) How does the Virginia General Assembly process bills which are proposed by local governments in Virginia? and (2) Are there identifiable factors in this legislative process which could be impacted by local governments to influence legislative outcomes? These questions are addressed by focusing on ten case studies of environmental issues contained in legislative proposals of six cities in Hampton Roads Virginia for the 1987, 1988, and 1989 sessions of the General Assembly. The case data were compiled from records of the General Assembly, media accounts, and interviews with 19 legislators and other …

Environmental Law (Symposium: The Supreme Court And Local Government Law: The 1989-90 Term), Leon D. Lazer

Scholarly Works

No abstract provided.

The Tragedy Of Distrust In The Implementation Of Federal Environmental Law, Richard J. Lazarus

Georgetown Law Faculty Publications and Other Works

The need to reduce dramatically the strain we place on the natural environment is simultaneously immediate and long-term. Our domestic laws reflect that understanding and express a symbolic commitment to that goal. Those laws have achieved, moreover, significant improvement in discrete areas and, in some others, have managed to resist further environmental degradation in the face of a growing economy. For that reason, they warrant great praise. The past twenty years nevertheless reveal that those same laws decline to undertake the concomitant modification of our governmental institutions, and the way we think about them, which is necessary for a fuller …

The Case For Integrated Pollution Control, Lakshman Guruswamy

Publications

No abstract provided.

Green Law-Making: A Primer On The European Community's Environmental Legislative Process, Michael S. Feeley, Peter M. Gilhuly

Vanderbilt Journal of Transnational Law

The birth of the European Common Market marks a new era of multistate environmental regulation that will radically affect commercial activity. This Article examines the European Community's (EC) background, institutions, and legislative process to elucidate how this environmental regime is developing. Following a brief introduction, Part II sets forth the EC's background, presenting its history and the general framework in which its law applies. Part III describes the EC's major institutions. Part IV discusses forms of EC legislation, with an emphasis on the use of directives. Part V considers legislative processes by which the EC enacts laws, including the new …

Transnational Alignment Of Nongovernmental Organizations For Global Environmental Action, Maria Garner

Vanderbilt Journal of Transnational Law

This Note proposes an alternative to the current international legal system for addressing the worldwide environmental crisis. The author describes the conditions of the environment and argues that the current legal system is incapable of responding to the already severe global environmental crisis. The author suggests that a network of environmental nongovernmental organizations (NGOs) can obtain results that are currently beyond the capabilities of either individual states or traditional international organizations. The main function of this type of network would be to collect and disseminate information to facilitate environmental action. The author also proposes a specific construction for an environmental …

Federalism And Comprehensive Environmental Reform: Seeing Beyond The Murky Medium, Rodney Northey

Osgoode Hall Law Journal

This article examines the legal constraints that Canadian federalism places on comprehensive environmental reforms. Having specific regard for the Canadian Environmental Protection Act and its regulation of toxic substances, the article questions the ability of federal constitutional powers to support a broad scope for the statute. The article then examines two approaches to this problem. First, it examines an alternative vision of federalism which provides the federal government with broad environmental authority. Secondly, it examines various mechanisms of federal-provincial cooperation for their application to comprehensive environmental schemes. It concludes that these options provide enough scope to regulate environmental activities comprehensively …

Energy And The Environment: Confronting Common Threats To Security, Lakshman Guruswamy

Publications

No abstract provided.