Environmental Law Commons^™

Brownfields Cleanup: A Look Back And Ahead Toward Superfund Authority, Clifford Villa

Faculty Scholarship

Did you know that the U.S. Environmental Protection Agency, through the Superfund program within each of the ten regional offices across the United States, has millions of dollars to spend each year for cleaning up contaminated sites that are not designated “Superfund” sites? Not many people seem to know that, even lawyers who practice in environmental law, or even law professors who teach it. If these elite folks do not know that, then how would ordinary community members know that, people with busy lives who don’t do Superfund for a living? The short answer is, they probably don’t know either.

Cleaning Up Cercla: Uniroyal Chemical Company V. Deltech Corporation Helps Define The Disposal Requirement And The Consumer Product Exception, M. Trent Spurlock

Journal of Natural Resources & Environmental Law

No abstract provided.

The Search For Bright Lines In Takings Clause Analysis: Maritrans, Inc. V. United States, J. Scott Richardson

Journal of Natural Resources & Environmental Law

No abstract provided.

Corporate Parent Liability Under Cercla In United States V. Bestfoods: Taking Us Back To The Basics, Emily Melvin Mooring, Ruth Lerner

Journal of Natural Resources & Environmental Law

No abstract provided.

Repeal Of The Tulloch Rule: Is The Tide Of Wetland Regulation Receding?, J. Richard Cheeks

Journal of Natural Resources & Environmental Law

No abstract provided.

Should Environmental Justice Be A National Concern? A Review And Analysis Of Environmental Justice Theories And Remedies, Matthew B. Leveridge

Journal of Natural Resources & Environmental Law

No abstract provided.

Surface Mining And The Continuing Battle Between Surface And Subsurface Property Owners: A Look At South Dakota Mining Association V. Lawrence County, Kevin A. Smith

Journal of Natural Resources & Environmental Law

No abstract provided.

The Current State Of Punitive Damages In Environmental Litigation: An Examination Of North American Bmw V. Gore, Andrew L. Sparks

Journal of Natural Resources & Environmental Law

No abstract provided.

Tree Preservation Methods: Zoning Regulation Vs. Conservation Servitude, R. Scott Wilder

Journal of Natural Resources & Environmental Law

No abstract provided.

Sustainable America In The Twenty-First Century: A Critique Of President Clinton's Council On Sustainable Development, Kristina M. Tridico

Journal of Natural Resources & Environmental Law

No abstract provided.

Rivers And Streams: Potential Impact Of Proposed Water Quality Standards On Mineral Development, Anthony P. Tokarz

Journal of Natural Resources & Environmental Law

No abstract provided.

American Rivers, Inc. V. Ferc: Conflict Between Ferc Authority Under The Federal Power Act And State Authority Under Section 401 Of The Clean Water Act In The Hydroelectric Licensing Process, Cory L. Taylor

Journal of Natural Resources & Environmental Law

No abstract provided.

Container Deposit: What Is It, And Is It Right For Kentucky?, Gregory D. Stumbo

Journal of Natural Resources & Environmental Law

No abstract provided.

Intergenerational Environmental Justice And The Climate Crisis: Thinking With And Beyond The Charter, Dayna Scott, Garance Malivel

Articles & Book Chapters

Inspired by the analysis developed in the article “Coming of Age in a Warming World: The Charter’s Section 15 Equality Guarantee and Youth-Led Climate Litigation,” by Nathalie Chalifour, Jessica Earle, and Laura Macintyre, this commentary explores the concept of intergenerational environmental justice in the climate crisis. Our central contribution is to advance a relational conception of intergenerational environmental justice, which we argue can overcome some common objections to thinking about justice and rights in “generational” terms. This analysis supports climate litigation efforts on Charter grounds, best conceived in our view as discrimination against young and future generations. Yet it also …

The Role Of Title Vi In Chester Residents V. Seif: Is The Future Of Environmental Justice Really Brighter?, Kristen L. Raney

Journal of Natural Resources & Environmental Law

No abstract provided.

A Scientific Approach To Protecting Biodiversity, Judith I. Mcgeary

Journal of Natural Resources & Environmental Law

No abstract provided.

Cercla's Retroactivity: Has The Door Been Opened For A Reevaluation Of Whether Cercla Applies To Preenactment Activities?, Theodore Waugh

Journal of Natural Resources & Environmental Law

No abstract provided.

Common Law Remedies Available For Petroleum Contamination Of Soil And Groundwater In Kentucky, Henry L. Stephens Jr.

Journal of Natural Resources & Environmental Law

No abstract provided.

Earth Law And The Rights Of Nature A New Generation Of Laws Built For Nature, Lindsey Kayman, Paul Bartlett, Milena Popov, Grant Wilson

Open Educational Resources

Earth Law and the Rights of Nature: A New Generation of Laws Built for Nature

Wilson, Grant, Kayman, Lindsey, Bartlett, Paul, and Milena Popov John Jay College of Criminal Justice, Earth Law Center, Environmental Education Fund

Forget doom and gloom. Let’s educate students about the Rights of Nature, an inspiring, evolving legal development which is gaining traction in the US and around the world, and which can promote the cultural shift needed to address our overlapping intersecting environmental crises — climate change, accelerating species extinction, and ecosystem collapse. The Rights of Nature is one aspect of Earth Law. Some of …

Tune Up: Fixing Market Failures To Cut Fuel Costs And Pollution From Cars And Trucks, Rachel Rothschild, Jason Schwartz

Other Publications

The Biden administration is currently seeking to bolster the federal government’s role in addressing climate change by reducing greenhouse gas emissions from the transportation sector, which is currently the largest source of these pollutants in the country. Federal fuel economy and vehicle emissions standards will thus be crucial tools in addressing climate change as well as improving the health of millions of Americans who are exposed to toxic tailpipe pollutants.

In addition to reducing pollution, these efforts can also save consumers money at the pump. Economists have long observed that consumers do not always select vehicles that will save them …

Preview—Yellen V. Confederated Tribes Of The Chehalis Reservation: Whether Alaska Native Corporations Are Eligible For Cares Act Relief Payments, Allison Barnwell

Public Land & Resources Law Review

The Supreme Court of the United States will hear oral arguments in this matter on Monday, April 19, 2021, telephonically, at 10 a.m. Solicitor General Elizabeth B. Prelogar will likely argue for the United States Department of Treasury. Paul D. Clement will likely appear for the Petitioner Alaska Native Village Corporation Association. Riyaz A. Kanji will likely argue for the Confederated Tribes of the Chehalis, and Jeffrey S. Rasmussen will likely appear for the Ute Indian Tribe of the Uintah and Ouray Reservation.

Preview— Montana And Wyoming V. Washington: The Commerce Clause And The Clean Water Act Collide Over Coal Exports, Rachel L. Wagner

Public Land & Resources Law Review

The Supreme Court of the United States has not scheduled oral arguments for this matter. In October 2020, the Court asked for the federal government’s views on the case but has not yet decided whether it will exercise its jurisdiction over the challenge.

Tax Consequences Of Environmental Cleanup Costs: The Uncertainty Continues, Lisa Stephenson

Journal of Natural Resources & Environmental Law

No abstract provided.

England's Contaminated Land Act Of 1995: Perspectives On America's Approach To Hazardous Substance Cleanups And Evolving Principles Of International Law, Michael P. Healy

Journal of Natural Resources & Environmental Law

No abstract provided.

Cercla Liability For Parent Corporations After United States V. Cordova Chemical Company Of Michigan: Who Pays For Past Wrongs?, Matthew Leveridge

Journal of Natural Resources & Environmental Law

No abstract provided.

Radical Restructuring Of Environmental Policy To Preserve Biodiversity In Southern Africa: Malawi At The Crossroads, Tracy Dobson

Journal of Natural Resources & Environmental Law

No abstract provided.

Discovering And Enforcing A Human Right To Environmental Protection, Mélanne Andromecca Civic

Journal of Natural Resources & Environmental Law

No abstract provided.

Conservation Servitudes, John Walliser

Journal of Natural Resources & Environmental Law

No abstract provided.

Preserving The Citizen Suit Provision: Citizens For A Better Environment V. The Steel Company, Rebecca L. Justice

Journal of Natural Resources & Environmental Law

No abstract provided.

How The Legal System Has Failed The Environmental Justice Movement, Karen Smith

Journal of Natural Resources & Environmental Law

No abstract provided.