Environmental Law Commons^™

Critiquing Laidlaw: Congressional Power To Confer Standing And The Irrelevance Of Mootness Doctrine To Civil Penalties, John D. Echeverria

Duke Environmental Law & Policy Forum

No abstract provided.

Standing And The Statutory Universe, William W. Buzbee

Duke Environmental Law & Policy Forum

No abstract provided.

Introduction To Everglades Symposium Special Topic, J. Allison Defoor Ii, Jennifer L. Fitzwater

St. Thomas Law Review

Introduction to Everglades Symposium Special Topic by J. Allison DeFoor, II and Jennifer L. Fitzwater.

The Gap Between Informational Goals And The Duty To Gather Information: Challenging Piecemealed Review Under The Washington State Environmental Policy Act, Keith H. Hirokawa

Seattle University Law Review

In 1971, Washington enacted the State Environmental Policy Act (SEPA), which requires agencies to make a threshold determination of whether a project is likely to significantly affect the environment and, where such impacts are likely, to produce an environmental impact statement (EIS). One problem faced in implementing the goals of SEPA is the practice of "piecemealing." Part I of this Article introduces the piecemeal problem by describing three common piecemeal situations. The first situation occurs when a project proposal is divided into such small parts that the environmental impacts from each individual part appear insignificant and the impact from the …

The Greening Of America And The Graying Of United States Environmental Law: Reflections On Environmental Law’S First Three Decades In The United States, Richard J. Lazarus

Georgetown Law Faculty Publications and Other Works

The purpose of this article is to begin to place the developments of the past few decades in historical perspective. To that end, the article is divided into three parts, roughly corresponding to the final three decades of the past century. The first part of the article describes the origins of U.S. environmental law, focusing primarily on its first decade from 1970 through 1980. The second part examines how U.S. environmental laws have since evolved, focusing primarily on their second decade (the 1980s), which was a period of tremendous expansion for environmental law. Finally, the third part considers future trends …

Highways And Bi-Ways For Environmental Justice, Richard J. Lazarus

Georgetown Law Faculty Publications and Other Works

The purpose of this essay is to discuss the past, present, and future of the environmental justice movement as illustrated by the highway between Selma and Montgomery in Alabama and the highway system surrounding the City of Atlanta in neighboring Georgia. The essay is divided into three parts. The first part describes environmental justice, seeking both to place it in a broader historical perspective and to discuss how it relates to civil rights law and environmental law. The second part undertakes a closer examination of the challenges presented by efforts to fashion positive law to address environmental justice norms. This …

Brief For Respondents Massachusetts And New Jersey, American Trucking Associations, Inc. V. Browner, Nos. 99-1257 & 99-1426 (U.S. Sep. 11, 2000), Lisa Heinzerling, Richard J. Lazarus

U.S. Supreme Court Briefs

No abstract provided.

Environmental Impacts Of New Solutions: Two Case Studies, Lori Potter, Michael Freeman

Water and Growth in the West (Summer Conference, June 7-9)

32 pages.

Contains footnotes and references.

Clear Consensus, Ambiguous Commitment, Christopher H. Schroeder

Michigan Law Review

Americans from every demographic, socioeconomic, racial, and ethnic category identify themselves as concerned about the environment, and most say that they have personally taken steps to reduce pollution or improve environmental quality in some way. One of the most salient cultural and social signatures of the contemporary era in the United States, and throughout much of the world, has been the diffusion of a desire to protect, preserve, and restore features of the natural environment to a greater degree than current practices and policies do. These environmental concerns are not only widely shared, they have been extended to become a …

The Precautionary Principle In Australia: Policy, Law & Potential Precautionary Eias, Warwick Gullett

RISK: Health, Safety & Environment (1990-2002)

Dr. Gullet argues that environmental impact assessments are a logical vehicle for factoring the precautionary principle into large-project-approval processes.

Growing Environmental Concerns: Is Population Control The Answer, Diane L. Slifer

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Clear Consensus, Ambiguous Commitment, Christopher H. Schroeder

Faculty Scholarship

No abstract provided.

The Rhetoric And Reality Of Nature Protection: Toward A New Discourse, Holly Doremus

Washington and Lee Law Review

No abstract provided.

Environmental Instrument Choice In A Second-Best World: A Comment On Professor Richards, Daniel H. Cole

Articles by Maurer Faculty

No abstract provided.

Grasping For The Heavens: 3-D Property Rights And The Global Commons, Bruce Yandle

Duke Environmental Law & Policy Forum

No abstract provided.

Keeping Clean Waters Clean: Making The Clean Water Act's Antidegradation Policy Work, John A. Chilson

University of Michigan Journal of Law Reform

This Note stresses the importance of making the Clean Water Act's antidegradation policy work in order to avoid a system of national waters of equally mediocre quality. The Nation's highest quality and most important waters are not receiving appropriate protection under the Act because the antidegradation policy contains vague definitions, the states fail to review water quality standards every three years and to entertain citizens' petitions, and the Environmental Protection Agency has not taken an active role in ensuring compliance with federal standards. This Note examines the schemes of the Great Lakes States and Florida and hypothesizes that similar provisions …

The Emperor Has No Clothes: The Conundrum Of Sustainable Development, Michael Mccloskey

Duke Environmental Law & Policy Forum

No abstract provided.

Environmental Risk And The Traditional Sector Approach: Market Efficiency At The Core Of Environmental Law, John Martin Gillroy

RISK: Health, Safety & Environment (1990-2002)

Professor Gillroy provides an in-depth discussion on the evolution of environmental law and the proposition that market efficiency has been, and still is, at its core.

Book Review. National Security And Environmental Protection: The Half-Full Glass, John S. Applegate

Articles by Maurer Faculty

No abstract provided.

An Overview Of The Ownership And Control Rule Under The West Virginia Surface Coal Mining And Reclamation Act, Charles Saffer

West Virginia Law Review

No abstract provided.

Nepa For The Gander: Nepa’S Application To Critical Habitat Designations And Other “Benevolent” Federal Action, Jonathan M. Cosco

Duke Environmental Law & Policy Forum

No abstract provided.

Current Issues In Superfund Amendment And Reauthorization: How Is The Clinton Administration Handling Hazardous Waste?, Thomas A. Rhoads, Jason F. Shogren

Duke Environmental Law & Policy Forum

No abstract provided.

Should Unclos Or Gatt/Wto Decide Trade And Environment Disputes?, Lakshman D. Guruswamy

Publications

No abstract provided.

The Promise Of The United Nations Convention On The Law Of The Sea (Unclos): Justice In Trade And Environment Disputes, Lakshman Guruswamy

Publications

No abstract provided.

Agenda: Dams: Water And Power In The New West, University Of Colorado Boulder. Natural Resources Law Center

Dams: Water and Power in the New West (Summer Conference, June 2-4)

Conference organizers and/or speakers included University of Colorado School of Law professors David H. Getches, Douglas S. Kenney, Kathryn M. Mutz, Elizabeth Ann (Betsy) Rieke, Charles F. Wilkinson and Lawrence J. MacDonnell.

The keynote address by Charles F. Wilkinson is titled Coming to Grips with Growth in the West: Traditional Communities, Free Rivers and the New Megalopoli, and it will be held on Monday, June 2, at 12:30 p.m. in the Lindsley Memorial Courtroom of the law school. Wilkinson is a noted law professor, writer and authority on Western issues.

The conference will begin by providing historical context for the …

The Continuing Imperative (But Only From A National Perspective) For Federal Environmental Protection, Joshua D. Sarnoff

Duke Environmental Law & Policy Forum

No abstract provided.

The Potential Impact Of United States V. Lopez On Environmental Regulation, Lori J. Warner

Duke Environmental Law & Policy Forum

No abstract provided.

Loss Of Protection As Injury In Fact: An Approach To Establishing Standing To Challenge Environmental Planning Decisions, Miles A. Yanick

University of Michigan Journal of Law Reform

As currently interpreted by the United States Supreme Court, Article III of the Constitution creates a significant hurdle for plaintiff citizen groups seeking standing to challenge environmental planning or management decisions. In particular, plaintiffs have had difficulty in making the required showing of an 'injury in fact" where an agency has not yet approved a site-specific action but has approved only a general plan for an area to govern future site-specific actions. The Supreme Court has not articulated a clear rule for standing to challenge the latter type of agency decision making, and the courts of appeals for the various …

Unfunded Environmental Mandates And The "New (New) Federalism": Devolution, Revolution, Or Reform, Rena I. Steinzor

Faculty Scholarship

No abstract provided.

The Natural Resource Law Center Conference On “Challenging Federal Ownership And Management Public Lands And Public Benefits”, Frank H. Murkowski

Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13)

8 pages.