Environmental Law Commons^™

Environment Chapter In Korea's Fta: Suggestions For Korea's Model Text, Jun Ha Kang

Maurer Theses and Dissertations

The aim of this dissertation is to delve into solutions for making Korea's FTA greener. The main question is whether and how Korea's FTA policy towards sustainable development may be sustainable. In answering this question, I critically reviewed the structure of the Environment Chapter of Korea’s FTA as well as its main contents. I also scrutinized the meaning of each provision and its significance in practice. Based on the analysis, I made suggestions on what strategies and contents are needed for Korea in its future FTA negotiations.

Firstly, Korea needs to initiate future FTA negotiations on the environment with its …

Trends In Environmental Law Scholarship 2008-2014, Michael P. Vandenbergh, Linda K. Breggin, Jamieson Brock, Clarke Agre

Vanderbilt Law School Faculty Publications

The Environmental Law and Policy Annual Review (ELPAR) is published by the Environmental Law Institute's (ELI's) Environmental Law Reporter in partnership with Vanderbilt University Law School. ELPAR provides a forum for the presentation and discussion of the best ideas about environmental law and policy from the legal academic literature. As part of the article selection process each year, Vanderbilt University Law School students assemble and review the environmental law articles published during the previous academic year. In this Comment, we draw on the results of the ELPAR article selection process to report on trends in environmental legal scholarship for academic …

Governance Criteria For Effective Transboundary Biodiversity Conservation, Michelle Mei Ling Lim

Research Collection Yong Pung How School Of Law

Intact ecosystems across jurisdictional boundaries are of growing importance as the world continues to experience the impacts of climate change. International boundaries have, however, been drawn for political rather than ecological reasons. Ecosystem components often occur in more than one nation and are consequently subject to conflicting management and land-use practices. This research integrates the legal, institutional and environmental management components of transboundary biodiversity conservation to propose a comprehensive framework for evaluating the potential effectiveness of transboundary conservation regimes. The paper presents twelve criteria for the effective transboundary conservation of terrestrial biodiversity. These criteria can assist in the evaluation of …

Nuclear Powered Satellites: The U.S.S.R. Cosmos 954 And The Canadian Claim, Eilene Galloway

Akron Law Review

“On January 24, 1978 the Soviet satellite, Cosmos 954, fell from outer space and entered Canada's airspace. The component parts of this nuclear powered satellite disintegrated and scattered radioactive debris over northwest Canada in an area the size of Austria. Fear of a nuclear explosion and unknown hazards to the environment evoked worldwide alarm. This incident set in motion a variety of studies analyzing one of the most unique multidisciplinary problems created by the use and exploration of outer space. These continuing studies of nuclear power for satellites will lead to decisions of global significance. There is an opportunity to …

Radioactive Waste Disposal: The Emerging Issue Of States' Rights, John F. Seiberling

Akron Law Review

The purpose of this article is to examine the issue of the state role in federal nuclear programs and the need for Congressional action to insure that states will have an active role in federal decisions to dispose of radioactive waste within their jurisdictions.

Social License To Operate: Hydraulic Fracturing-Related Challenges Facing The Oil & Gas Industry, Don C. Smith, Jessica M. Richards

Sturm College of Law: Faculty Scholarship

The crossroads of urban development and improved technology allowing oil and gas development in new areas can result in contentious community issues. The debate over one of the improved technologies – i.e., hydraulic fracturing – can be highly emotional. Consequently, industry must address community issues, earning trust and therefore a “social license to operate.” This paper provides fundamental knowledge of the social license to operate concept, validates its application to the oil and gas industry, particularly with respect to shale gas development, discusses the current status of social license in the unconventional development sphere, analyzes current ongoing efforts for shale …

Relationship Of Federal Common Law And Federal Regulatory Statutes, City Of Milwaukee V. Illinois And Michigan, David E. Morris

Akron Law Review

In City of Milwaukee v. Illinois and Michigan, the United States Supreme Court vacated the judgment of the court of appeals and remanded the case, holding that the Federal Water Pollution Control Act Amendments of 1972 had indeed displaced the federal common law action authorized by the Court before the 1972 Amendments were enacted. The environmental law ramifications of this decision are significant. However, of greater significance is the Court's attempt in Milwaukee to efface some of the uncertainty surrounding the federal common law, and to elucidate the relationship between federal regulatory statutes and federal common law.

The Detection And Recovery Of Contraband Nuclear Material, John N. O'Brien

Akron Law Review

The feasibility of detection and subsequent recovery of nuclear fissile material illicitly removed from a facility is a question which has rarely been addressed. This article will explore the adequacy of remote detection and location devices designed to find contraband fissile nuclear materials and will examine the legal consequences of going beyond remote detection and location to actual searches for contraband. The TMI incident made it clear that such societal consequences were not given sufficient attention in the past and their relevance to the issue of whether to use a plutonium economy is unquestionable.

A Summary Of Issues Involving Marine Mammals And Highly Migratory Species, John Warren Kindt

Akron Law Review

The conservation and protection of marine mammals is one of many serious problems relating to exploitation of the living resources of the ocean. While other problems, for example the management of fish stocks and the protection of anadromous, catadromous, and highly migratory species, receive a great deal of attention in the Convention on the Law of the Sea (LOS Convention), negotiated by the Third U.N. Conference on the Law of the Sea (UNCLOS III), the problem of marine mammals is addressed directly in only two provisions. Certainly, varying political and economic interests impede negotiation of a comprehensive international protective regime; …

Shall We Be Arbitrary Or Reasonable: Standards Of Review For Agency Threshold Determinations Under Nepa, Janie A. Johns

Akron Law Review

The National Environmental Protection Act of 1969 (NEPA), went into effect on January 1, 1970. It consists of a declaration of purpose followed by two separate titles. Title I contains both the broad policy statement of Congress "to use all practicable means and measures . . .to create and maintain conditions under which man and nature can exist in productive harmony," and the "action-forcing mechanism" of Section 102(2)(c) that requires all Federal agencies to prepare an environmental impact statement for all "major Federal actions significantly affecting the quality of the human environment." Title II established the Council on Environmental Quality …

Business Ethics, Law, And The Corporate Use Of Laboraory Animals, David Hoch

Akron Law Review

This paper will examine, first, the fundamental theories pertaining to animal interests; then the relevant laws and the recognition of animal interests the laws require of corporate laboratories; and finally, how (if at all) these claims to interests for animals impinge upon corporate ethics. Perhaps a consideration of these matters will clarify the validity of the unorthodox proposition that corporate responsibility extends to nonhumans.

Municipal Solid Waste Management: The States Must Pick Up Where Congress Left Off, Julie Jones Thompson

Akron Law Review

This comment examines solid waste management strategies which present alternatives to landfilling. The EPA has encouraged the incineration of solid wastes. However, incineration may pose more environmental problems than it resolves. The EPA has not encouraged recycling programs which could achieve more environmentally protective results.

This comment also discusses the state's responsibility for solid waste management. Currently, municipalities bear the brunt of this problem. However, the municipalities' plans have resulted in inadequate and isolated solid waste management pockets throughout the country. Fortunately, the states are beginning to respond to this problem.

Pennsylvania V. Union Gas Company: The Supreme Court Employs The Wrong Means To Reach The Proper End, Christopher A. Brodman

Akron Law Review

This casenote reviews the facts of Union Gas, the history of eleventh amendment jurisprudence, and the purposes of CERCLA. The note critically analyzes the Supreme Court's approach to evading eleventh amendment immunity. Finally, the note contemplates the impact of Union Gas on CERCLA and eleventh amendment law.

Interpreting The Pollution Exclusion Clause In The Comprehensive General Liability Policy - Ohio's Next Step, W. Roger Fry, Jonathan P. Saxton

Akron Law Review

Our purpose here is to analyze the courts' treatment of the pollution exclusion clause. From the context of insurance policy interpretation, decisions regarding the exclusion will be reviewed and placed in a national perspective. The Ohio decisions will be examined against the backdrop of current trends and the national consensus.

We conclude, for the reasons which follow, that the Ohio Supreme Court, when presented with the issue, should not adopt the findings of the Ohio appellate courts in interpreting the pollution exclusion clause, but should recognize that those decisions were wrong and follow the law which finds sudden and accidental …

Rails To Trails: Converting America's Abandoned Railroads Into Nature Trails, Thomas A. Jones

Akron Law Review

As America becomes more populated, people escape urban pressures through bicycling, horseback riding and hiking. To this end, several old railroad beds have been converted to trails. In 1987, over ten million Americans used over 2,400 miles of such trails in thirty-one states.

In 1920, the nation's railway system reached its peak of 272,000 miles; however, the system has been losing track since that time. Approximately 141,000 miles are now in use, but it is predicted that another 3,000 miles will be abandoned every year through the end of this century. Many would like to see the abandoned railway lines …

State Regulation Of Worker Safety In The Nuclear Industry: The Impact Of Goodyear Atomic Corp. V. Miller, Donald A. Mihokovich

Akron Law Review

This casenote will discuss the effect of Goodyear Atomic Corp. v. Miller on federal preemption in the nuclear industry. This decision does not mark federal preemption's demise. Preemption will continue in areas involving protection of the public from the dangers of radioactivity. Nevertheless, this decision may have an adverse effect on the private sector's continuing involvement in the nuclear industry, an involvement that is essential for both national energy policy and national defense.

The Migratory Bird Treaty Act: Steel Shot Versus Lead Shot For Hunting Migratory Waterfowl, David G. Lombardi

Akron Law Review

This comment discusses the merits of the regulations prohibiting the use of lead shot for the hunting of waterfowl. The evolution of the Migratory Bird Treaty Act is examined along with the advantages of hunting as a tool for effective wildlife conservation. The controversy of lead poisoned waterfowl is also discussed, and a more effective conservation measure than steel shot is proposed.

Ohio Hazardous Material Transportation Act: An Overview, David J. Leland, Steven D. Lesser

Akron Law Review

On June 24, 1988, in Miamisburg, Ohio, Governor Richard F. Celeste signed into law H.B. 428, (known as Ohio's Hazardous Material Transportation Act, hereinafter referred to as the Act) a comprehensive legislative initiative regulating the transportation of hazardous materials. The signing of the Act was the culmination of a two year effort to solve a problem that Ohioians, and the nation as a whole, became aware of in July, 1986 in Miamisburg, Ohio. The new law provides for: a registration system with a graduated fee structure, pre-notification and route assessments for "ultra-hazardous" materials, and a civil forfeiture system with penalties …

Nepa At 21: Over The Hill Already?, David G. Burleson

Akron Law Review

The first part of this Comment will briefly review the somewhat meteoric rise of NEPA including the increase in public awareness which led to federal action, its projected effect, and the manner in which the courts seemed to be heading in their treatment of NEPA. The Comment will then review the decline of NEPA due to subsequent Supreme Court decisions. Finally, the Comment will consider possible remedies for the present anemic condition of this first federal environmental statute.

Kayser-Roth, Joslyn, And The Problem Of Parent Corporation Liability Under Cercla, James A. King

Akron Law Review

This article examines these issues by focusing on the responsibility of parent corporations as "owners" and as "operators" under section 107 of CERCLA. The scope of the analysis is limited to corporations that participate in the management of other corporations. Moreover, for the sake of simplicity, the reach of the analysis is limited to the situation in which a corporation owns one hundred percent of the stock of the subsidiary.

Part I provides a general overview of the principle of limited shareholder liability as it applies to parent corporations and of its economic underpinnings. Part II reviews judicial applications of …