Environmental Law Commons^™

Fish Tissue Contamination In Maine Lakes : Data Report, Jeanne Difranco, Linda Bacon, Barry Mower, David Courtemanch

Maine Collection

Fish Tissue Contamination in Maine Lakes : Data Report

by Jeanne DiFranco, Linda Bacon, Barry Mower and David Courtemanch

Regional Environmental Monitoring and Assessment Program (REMAP)

State of Maine Department of Environmental Protection, Bureau of Land and Water Quality, Division of Environmental Assessment, State House Station 17, Augusta, Maine 04333 (September 1995).

Contents: List of Figures and Tables / I. Introduction / II. Goals and Objectives / III. Experimental Design / IV. Methods / V. Data / VI. Quality Assurance-Quality Control / Appendices A-H

Managing Household Hazardous Waste Or Making A Choice To Do Something Without Going Broke, Maine State Planning Office

Maine Collection

Managing Household Hazardous Waste Or Making a Choice to Do Something Without Going Broke

State of Maine, State Planning Office, Augusta, Maine

Androscoggin Valley Council of Governments, Auburn, Maine

August 1995.

Contents: Acknowledgements / Abbreviations / Introduction / I. History of Household Hazardous Waste in Maine / II. How-To Guide for Towns / Appendixes / Bibliography

Restoring The Rio Grande—What Will It Take?, Denise Fort

Sustainable Use of the West's Water (Summer Conference, June 12-14)

18 pages.

Contains 1 page of references.

Sustainability: Myth And Reality, Kai Lee

Sustainable Use of the West's Water (Summer Conference, June 12-14)

23 pages (includes illustrations).

Contains references.

An Introduction To Environmental Law In The United States Of America, Michael E. Herz

Articles

There is an old joke about someone who, having taken a course in speed reading, is able to finish War and Peace in an afternoon. On bragging about this accomplishment, he is asked what the book was about. His entire response: "Russia." In attempting to fulfil my charge to summarize American environmental law in a few pages I fear that I risk a similar result. With such ruthless simplification, the reader may came away with no more understanding of this enormous, detailed, and complex body of law than the speed reader had of Tolstoy, knowing only that American environmental law …

On The Topology Of Uniform Environmental Standards In A Federal System And Why It Matters (Symposium: Environmental Federalism), James E. Krier

Articles

Uniform standards are much favored among the makers of federal environmental policy in the United States, which is to say, among the members of Congress. By and large-judging at least from the legislation it has enacted-Congress expects the air and water eventually to meet the same minimum levels of quality in every state in the country, and expects each pollution source in any industrial category or subcategory to be controlled just as much as every other such source, notwithstanding the source's location or other peculiar characteristics. There are exceptions to these generalizations, but they are exceptions and not the rule.1 …

Property Rules And Liability Rules: The Cathedral In Another Light, James E. Krier, Stewart J. Schwab

Articles

Ronald Coase's essay on "The Problem of Social Cost" introduced the world to transaction costs, and the introduction laid the foundation for an ongoing cottage industry in law and economics. And of all the law-and-economics scholarship built on Coase's insights, perhaps the most widely known and influential contribution has been Calabresi and Melamed's discussion of what they called "property rules" and "liability rules."' Those rules and the methodology behind them are our subjects here. We have a number of objectives, the most basic of which is to provide a much needed primer for those students, scholars, and lawyers who are …

Insuring Domestic Tranquility Through Quieter Products: A Proposed Product-Nuisance Tort, Jason A. Lief

Cardozo Law Review

Is there a place upon this globe where one may escape the drone of our industrial beehive and bask in calm tranquility? Thoreau observed that the "mass of men lead lives of quiet desperation." Paradoxically, the source of that quiet desperation often is uncontrollable environmental noise. Even within the ,home, the one supposed sanctuary from the world's evils, unwanted noise invades lives and disrupts serenity. Although noise is not a new problem for mankind, its magnitude has changed over time. Today's "speaking trumpets" do indeed "have a power unknown to a simpler age." Amplified sound can be a weapon, as …

"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 …

Environmental Tqm: Anatomy Of A Pollution Control Program That Works!, E. Donald Elliott

Michigan Law Review

A Review of Total Quality Management: A Framework for Pollution Prevention by Quality Environmental Management Subcommittee, President's Commission on Environmental Quality

A Case Study Of Health Risk Communication: What The Public Wants And What It Gets, Jeannette M. Trauth

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

Dr. Trauth presents a content analysis of 40 years of coverage of a major local source of air pollution by a Pittsburgh newspaper. She also summarizes the results of a survey conducted to determine the extent to which citizens of most likely affected communities, e.g., understand health risks and desire further information.

Patchwork Justice: State Unlimited Liability Laws In The Wake Of The Oil Pollution Act Of 1990, Stephen R. Eubank

Maryland Journal of International Law

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 …

The End Of The World News (Symposium: Twenty-Five Years Of Environmental Regulation), James E. Krier

Articles

My title, but nothing else, owes to Anthony Burgess.' I like the ambiguity of Burgess's words. They could be a play on what an anchor says when she brings the night's news of the world to a close ("and that's the end of.. ."), or they could be the name of a doomsday periodical, or a headline announcing the bankruptcy of a tabloid, or, at the extreme, a reference to the end of the world. For my purposes, however, they signify the end of an era.

Marketable Pollution Allowances (Great Lakes Symposium), James E. Krier

Articles

In March 1993, the EPA auctioned off 150,010 sulfer dioxide emissions permits at the Chicago Board of Trade. The auction brought in $21.4 million and ushered in the Clean Air Act's market-based approach to sulfur dioxide control. Congress created these marketable pollution allowances (MPAs) under Title IV of the Clean Air Act Amendments of 19903 to regulate acid rain pollution. While most MPAs were bought by utilities, to be exchanged as a commodity according to need, some MPAs were removed from the market solely to prevent their use by polluters. The Cleveland-based National Healthy Air License Exchange bought one allowance …

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.

Book Review, Allan M. Soobert

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

Review of: VALERIE M. FOGLEMAN, HAZARDOUS WASTE CLEANUP, LIABILITY AND LITIGATION: A COMPREHENSIVE GUIDE TO SUPERFUND LAW. (Quorum Books 1992) [320 pp.] Acronyms, index, preface, selected bibliography. LC 91-47999, ISBN 0-89930-647-0. [$59.95 cloth. 88 Post Road West; Westport CT 06881.)

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.

Toward A Sustainable Maine : The Politics, Economics, And Ethics Of Sustainability, Richard Barringer (Ed.)

Maine Collection

Toward A Sustainable Maine : The Politics, Economics, and Ethics of Sustainability

Richard Barringer, editor, Professor Emeritus at the University of Southern Maine

Edmund S. Muskie Institute of Public Affairs, University of Southern Maine, Portland, Maine, 1993.

The proceedings of a conference presented at Bowdoin College on March 19 and 20, 1993, by the Edmund S. Muskie Institute of Public Affairs at the University of Southern Maine, and by the Natural Resources Council of Maine. Ellen Baum, conference organizer.

Contents; Foreword by Richard Barringer / Welcome by Everett Carson / Global, Canadian, and Maine Perspectives / Sustaining Our Natural and …

Cause For Cautious Celebration: Hungarian Post-Communist Environmental Reform, Karen S. Libertiny

Michigan Journal of International Law

In October 1989, the Hungarian Communist regime collapsed and was replaced by a democratic government. This new government was confronted with a visible and grave concern: environmental degradation. In just three years, the new Hungarian government, sometimes of its own impetus, sometimes at the prodding of environmentalists and foreign governments, has taken tremendous steps toward establishing palpable environmental legislation. More importantly, it has created an administrative and information-gathering infrastructure capable of sustaining a cohesive system of environmental protection initiatives. Although the path to further progress is littered with obstacles, this East European country has proven itself a worthy warrior in …

Pursuing "Environmental Justice": The Distributional Effects Of Environmental Protection, Richard J. Lazarus

Georgetown Law Faculty Publications and Other Works

The purpose of this Article is to explore the distributional side of environmental protection and, more particularly, to explain the significance of including environmental justice concerns into the fashioning of environmental protection policy. Unlike earlier legal commentary, hazardous waste facility siting is not this Article's dominant focus. It offers a broader, more systemic, examination of environmental protection laws and policies. The Article is divided into three parts. First, it describes the nature of the problem. This includes a discussion of the varied distributional implications of environmental protection laws, as well as the ways in which racial minorities could receive too …

Environmental Reforms In Post-Communist Central Europe: From High Hopes To Hard Reality, Margaret Bowman, David Hunter

Michigan Journal of International Law

This article surveys the environmental law reforms taking place throughout the region and some of the important issues surrounding these reforms. Two caveats to this approach should be highlighted at the outset. First, information from the region is still somewhat incomplete. Precise translations of laws, in particular, are not always available. This article can provide only a general guide to legislative and regulatory trends in the region and should not form the basis for specific action or decisions. Second, every country in the region is different, with its own complexities. Despite our failure to resist the temptation to generalize about …

Toward Global Citizenship In International Environmental Law, David Hunter

Scholarly Articles in Law Reviews & Journals

No abstract provided.

The Tragedy Of The Commons, Part Two, James E. Krier

Articles

This symposium is about the idea of "free market environmentalism" in general and the book Free Market Environmentalism, by Terry Anderson and Donald Leal,1 in particular. While I focus chiefly on Anderson and Leal's book, the discussion will necessarily involve the general idea of free market environmentalism as well. The conceit of my tide, which obviously derives from Garrett Hardin's celebrated essay on The Tragedy of the Commons,2 is this: Superficial differences aside, Hardin's essay and Anderson and Leal's book address the same fundamental problem of coordinating human behavior as it affects environmental quality. But both the essay and the …

On Integrated Pollution Control, James E. Krier

Articles

Integrated pollution control, or IPC, can be defined for now as an approach to environmental regulation that "seeks particularly to link air, water, and waste programs. Its concern is institutional changes that reduce total risk to the environment from pollutants." 8 This sounds remarkably appealing, which perhaps explains IPC's recurring popularity. As we shall see, it enjoyed a brief celebrity about twenty years ago, and it is once again in vogue-especially within the U.S. Environmental Protection Agency (EPA).

Is the Agency's recent interest in IPC a good thing? We worry that it is not. First of all, IPC has an …

Limitations Of Sovereign Immunity Under The Clean Water Act: Empowering States To Confront Federal Polluters, Corinne Beckwith Yates

Michigan Law Review

This Note considers whether civil penalties that states impose on federal agencies for violations of NPDES permits arise under federal law and thus are covered by the Clean Water Act's waiver of sovereign immunity - an issue the Supreme Court is scheduled to address during the 1991 term. Part I outlines the history of the Clean Water Act, discussing Supreme Court decisions and statutory amendments that affect the sovereign immunity provision. Part II explains the mechanics of the NPDES state permit process and examines, through analysis of statutory provisions, the degree of control retained by the EPA over individual states …

Regulating Air Toxics In Rhode Island: Policy Vs. Technical Decisions, Julie A. Roque

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

Dr. Roqu6 recounts her work as a doctoral candidate at Brown in developing standards for the regulation of airborne carcinogens. Based in part on this experience, she argues that care needs be taken lest those who regulate Risk bury key policy decisions within a mass of often irrelevant technical details.

Preserving Rural Gas Stations: State Financial Assistance For Underground Petroleum Storage Tanks, John S. Conniff, Charles G. Gavigan

Seattle University Law Review

This Article briefly reviews environmental regulations requiring the upgrading of Underground Storage Tankss, analyzes the development and implementation of the new financial assistance program, and considers the constitutionality of the program in light of state ing of credit prohibitions.

Limited Liability In Environmental Law, George W. Dent

Faculty Publications

The social importance and immense costs of pollution make environmental law an ideal arena for reconsidering theories of limited liability for tort. This article examines the question in the context of the Comprehensive Environmental Response, Compensation, and Liability Act (CER-CLA).1 Part I reviews the text and legislative history of the Act. Part II analyzes the CERCLA case law on the liability of controlling persons, especially those involving parent corporations. Part III discusses the general theory of limited liability and its exceptions. Part IV applies this general theory to CERCLA and finds that its special features call for distinctive approaches. Part …

In The Regulation Of Manmade Carcinogens, If Feasibility Analysis Is The Answer, What Is The Question?, Christopher H. Schroeder

Michigan Law Review

A Review of Environmentally Induced Cancer and the Law by Frank B. Cross