Environmental Health and Protection Commons^™

Could Official Climate Denial Revive The Common Law As A Regulatory Backstop?, Mark P. Nevitt, Robert V. Percival

Faculty Articles

This Article makes two core arguments. First, it maintains that the common law of nuisance remains an essential backstop when existing regulatory authorities fail to address significant environmental problems. Second, reconnecting nuisance law to its historical roots, the Article maintains that common law litigation has served as an effective prod to help spur the development and implementation of new pollution control technology and to stimulate regulatory action to require its use, rather than serving as a vehicle for the judiciary to impose its own solutions for environmental problems.

This Article proceeds in four parts. Part I reviews the history of …

Murray Energy Corporation V. Mccarthy, Sarah M. Danno

Public Land & Resources Law Review

Holding that the widespread effects of environmental regulation on the coal industry constituted sufficient importance, the Northern District of West Virginia ordered the Environmental Protection Agency to conduct analysis on employment loss and plant reduction resulting from regulatory effects. In admonishing the EPA’s inaction, the court ruled that the Agency had a non-discretionary duty to evaluate employment and plant reduction. Furthermore, the court held that the EPA’s attempt to put forth general reports in place of required evaluations was an invalid attempt to circumvent its statutory duty.

Slides: Details Of The Regulatory Framework: Air Quality Regulation Of Oil And Gas Development, Olivia D. Lucas

Water and Air Quality Issues in Oil and Gas Development: The Evolving Framework of Regulation and Management (Martz Summer Conference, June 5-6)

Presenter: Olivia D. Lucas, Esq., Counsel, Faegre Baker Daniels

22 slides

Slides: Air Monitoring And Litigation Update, John Jacus

Air Quality Impacts from Oil and Gas Development (January 27)

Presenter: John Jacus, Partner, Davis Graham & Stubbs LLP, reviews recent litigation aimed at oil and gas development activities with respect to air emissions impacts, and also several recent and ongoing studies and ambient monitoring efforts focused upon air emissions from oil and gas activities

23 slides

Slides: Energy Production And The West's Wild Places, Amy Mall

Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)

Presenter: Amy Mall, Senior Policy Analyst, Natural Resources Defense Council

28 slides

Maine Implements The Clean Air Act: Federalism, Environmentalism And Interest Group Accountability, Jon Reisman

Maine Policy Review

The implementation of environmental policy initiatives often brings about a complex interplay between science and policy, public opinion, interest groups, federal and state mandates, and political machination. Jon Reisman uses Maine’s recent experience of compliance with the 1990 Clean Air Act to illustrate this complexity. In doing so, he addresses several important, but often ignored, issues, such as stakeholder participation in the policy making process, interest group accountability to implementation, and the long term consequences to the environment if these issues are avoided.

Health Effects Of Air Pollutants (Sulfur Dioxide, Ozone, And Carbon Monoxide), Robert A. Bethel

Air Quality Protection in the West (November 27-28)

19 pages (includes illustrations).

Contains references.

Motor Vehicle Air Pollution Control: The Remaining Issues, Michael P. Walsh

Air Quality Protection in the West (November 27-28)

26 pages (includes illustrations).

Contains references.

Agenda: Air Quality Protection In The West, University Of Colorado Boulder. Natural Resources Law Center

Air Quality Protection in the West (November 27-28)

Conference organizers, session moderators and/or speakers included University of Colorado School of Law professor Mark S. Squillace.

Visibility, acid rain, air toxics, and urban air pollution are the topics of an upcoming Center conference on air quality in the West. The conference will be held at the School of Law in Boulder on November 27-28, 1989. Presentations will describe the nature and scope of the issues, the existing legal framework and experience with its implementation, and proposed changes in the law. Emphasis will be placed on air quality issues in the West and efforts underway to address these problems. Special …

Diminishing Views: Air Quality In Western National Parks, Christine L. Shaver

Air Quality Protection in the West (November 27-28)

17 pages.

Contains references.

Transboundary Air Pollution: The Legal Framework, Mark S. Squillace

Air Quality Protection in the West (November 27-28)

12 pages (includes illustrations).

Contains footnotes.

The United States Experience With Air Pollution Control, A. Dan Tarlock

New Challenges for Environmental Protection: Second Sino-American Conference on Environmental Law (October 12-13)

4 pages.

The National Environmental Policy Act: No Longer A Teenager, But Not Yet Grown-Up, George W. (Rock) Pring

New Challenges for Environmental Protection: Second Sino-American Conference on Environmental Law (October 12-13)

98 pages.

Contains footnotes.

Changing Policy Roles Of Environmental Science, Devra Lee Davis

Proceedings of the Sino-American Conference on Environmental Law (August 16)

6 pages.

Contains references.

The Control Of Air And Water Pollution In The United States Of America, Stuart L. Deutsch, A. Dan Tarlock

Proceedings of the Sino-American Conference on Environmental Law (August 16)

14 pages.

Contains 2 pages of references.

Overview Of The U.S. System Of Environmental Law, Lawrence J. Macdonnell

Proceedings of the Sino-American Conference on Environmental Law (August 16)

25 pages (includes illustrations).

Contains 3 pages of references.

Wilderness And Natural Area Preservation In The United States: A Survey Of National Laws, George W. Pring, Stephen Miller

Proceedings of the Sino-American Conference on Environmental Law (August 16)

32 pages.

Contains 5 pages of endnotes.

Hazardous Waste Controls In The United States, 1987, David R. Andrews

Proceedings of the Sino-American Conference on Environmental Law (August 16)

10 pages.

In The Beginning God Created The Public Trust Doctrine?, Ralph W. Johnson

Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3)

15 pages.

Jurisdictional And Institutional Issues: Public Lands, Robert B. Keiter

External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16)

13 pages.

Contains references.

Protecting National Park Resources: Wildlife, George Cameron Coggins

External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16)

28 pages.

Contains references.

Pollution In Parks: A Publication Of The National Park Service, Richard H. Briceland

External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16)

28 pages (includes illustrations).

Contains references.

Legal Issues Associated With Protecting Park Resources: Air Quality And Related Values, Molly N. Ross

External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16)

109 pages.

Contains references.

Contains 5 attachments:

1) United States Department of the Interior Memorandum, September 20, 1985: Protection of National Park System Units from the Adverse Effects of Air Pollution.

2) Library of Congress Congressional Research Service Memorandum, November 19, 1985: Comments on Department of the Interior Memorandum of September 20, 1985 Entitled "Protection of National Park System Units from the Adverse Effects of Air Pollution."

3) United States Department of the Interior Memorandum, May 15, 1986: Legal Authority of the Secretary to Protect the Air Quality and Related Values of NPS Units from Adverse Impacts of Surface Coal …

Agenda: External Development Affecting The National Parks: Preserving "The Best Idea We Ever Had", University Of Colorado Boulder. Natural Resources Law Center

External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16)

Conference organizers and/or faculty included University of Colorado School of Law professors Lawrence J. MacDonnell and Daniel Magraw.

The conference will be held at the Aspen Lodge, adjacent to Rocky Mountain National Park near Estes Park, Colorado.

It was Wallace Stegner who called the national parks "the best idea we ever had." The continuing increases in usage attest to their popularity. National parks are created to preserve areas of special scenic and cultural value for enjoyment and use. Managing the parks in a manner that protects the important values and purposes for which they were created presents important and difficult …

Epa Regulation Of Mining Wastes Under Rcra And Cercla, Robert E. Walline

Getting a Handle on Hazardous Waste Control (Summer Conference, June 9-10)

9 pages.

The New Cercla Amendments—What Are They? What Do They Mean?, David R. Andrews

Getting a Handle on Hazardous Waste Control (Summer Conference, June 9-10)

35 pages.