Recently added articles from Environmental Law:
Global warming and the problem of policy innovation: lessons from the early environmental movement.
Mar 22, 2009; ... In this opening decade of the twenty-first century, our nation and the entire globe faces a daunting array of environmental problems. They present some steep hills to climb, with disruptive climate change looming as the largest. This Essay concentrates on that problem, but we do well to ...
Disestablishing environmentalism.
Mar 22, 2009; ... <Pre> I. INTRODUCTION II. RELIGION AND THE ENVIRONMENT A. Defining Establishment and Religion B. Is Environmentalism a Religion? 1. What is Environmentalism? 2. Environmentalism's Religious Language 3. Environmentalist Writing on Religion ...
The Rhino in the Colonia: how Colonias Development Council v. Rhino Environmental Services, Inc. set a substantive state standard for environmental justice.
Mar 22, 2009; ... <Pre> I. INTRODUCTION II. BACKGROUND A. Waste Siting and the Origins of the Environmental Justice Movement B. Chaparral, New Mexico C. The Rhino Landfill Proposal D. The Hearing III. RHINO IN THE COURTS A. The Initial Appeal B. The ...
Public outcry: Kelo v. City of New London - a proposed solution.
Mar 22, 2009; ... <Pre> I. INTRODUCTION II. THE FACTS III. THE MAJORITY OPINION IV. DISSENTING OPINIONS V. THE PUBLIC AND MEDIA REACTION TO KELO VI. POST-KELO STATE EMINENT DOMAIN LEGISLATION VII. EMINENT DOMAIN: ORIGIN AND LEGAL DEVELOPMENT VIII. THE U.S. SUPREME COURT'S STANDARDS FOR JUDICIAL ...
Why private remedies for environmental torts under the Alien Tort Statute should not be constrained by the judicially created doctrines of jus cogens and exhaustion.
Mar 22, 2009; ... <Pre> I. INTRODUCTION II. THE ALIEN TORT STATUTE: OVERVIEW & CONGRESSIONAL INTENT A. ATS History & Recent Developments 1. Discerning the Intent of the First Congress B. The Meaning of "a Tort" 1. Tort History C. What Violated the "Law of Nations" in ...
Trashing the presumption: intervention on the side of the government.
Mar 22, 2009; ... <Pre> I. INTRODUCTION II. INTERVENTION: RULE 24 OF THE FEDERAL RULES OF CIVIL PROCEDURE III. MINIMAL BURDEN TEST: THE TRBOVICH CASE IV. ORIGINS OF THE PARENS PATRIAE DOCTRINE V. TRASHING THE PRESUMPTION A. The Presumption Rests on Shaky Precedent B. The Presumption Is ...
United States v. Abrogar: did the Third Circuit miss the boat?
Jan 01, 2009; ... <Pre> I. INTRODUCTION II. VESSEL PROSECUTIONS PURSUANT TO APPS A. The Generation and Disposal of Oily Wastes on Board Oceangoing Vessels B. Overview of MARPOL and APPS C. The Elements of a Vessel Prosecution Under MARPOL and APPS III. THE SENTENCING ...
Ecological realism and the need for a paradigm shift.(Advancing the Sovereign Trust of Government to Safeguard the Environment for Present and Future Generations, part 1)
Jan 01, 2009; ... <Pre> I. INTRODUCTION II. THE END IN SIGHT A. Ecological Bankruptcy B. Climate Emergency C. Realism D. The Inevitability of Transformational Change III. THE FAILED PARADIGM OF ENVIRONMENTAL LAW IV. DEPTHS OF CHANGE V. NATURE'S TRUST A. Government ...
Instilling a fiduciary obligation in governance.(Advancing the Sovereign Trust of Government to Safeguard the Environment for Present and Future Generations, part 2)
Jan 01, 2009; ... <Pre> I. INTRODUCTION II. THE TRUST DUTIES OF GOVERNMENTA. Substantive Duties 1. The Duty of Protection 2. The Fiduciary Obligation 3. The Duty of Restoration and Recouping Natural Resource DamagesB. Procedural ...
Borders and the environment.
Jan 01, 2009; ... <Pre> I.INTRODUCTION II. RECHARACTERIZING THE DEBATE OVER ENVIRONMENTAL PROTECTION A. A Typology of Environmental Solutions B. A Typology of Environmental Problems C. The Costs of Environmental Protection D. The Benefits of Environmental Protection...
Counting every drop: measuring surface and ground water in Washington and the West.
Jan 01, 2009; ... <Pre> I. INTRODUCTION II. WATER CONSUMPTION AND WASTE A. Agricultural Use B. Urban Use C. Salmon III. SOURCE METERING IN WASHINGTON A. The Beginning of the Source Metering Statute B. The Current Source Metering Statute IV. SOURCE METERING IN OTHER ...
Warm is the new cold: global warming, oil, UNCLOS Article 76, and how an Arctic Treaty might stop a new Cold War.
Jan 01, 2009; ... <Pre> I.INTRODUCTION II. ARTICLE 76 A. Global Warming is Melting Arctic Ice, Making Development of the Region's Oil and Gas Feasible B. Overview of Article 76, its Claim Process, and Relevant UNCLOS Provisions C. If a Coastal State Fails the ...
Lessons from the Montreal Protocol: guidance for the next international climate change agreement.
Jan 01, 2009; ... <Pre> I. INTRODUCTION II. OZONE DEPLETION A. Background B. The Vienna Convention C. The Montreal Protocol III. CLIMATE CHANGE A. Background B. The Kyoto Protocol IV. RECOMMENDATIONS FOR IMPROVING THE INTERNATIONAL APPROACH TO CLIMATE CHANGE...
Taking Congress' words seriously: towards a sound construction of NEPA's long overlooked interpretation mandate. (National Environmental Policy Act of 1969)
Sep 22, 2008; ... <Pre> I. INTRODUCTION II. NEPA's INTERPRETATION MANDATE: PLAIN LANGUAGE, LEGISLATIVE HISTORY, AND UNANSWERED QUESTIONS III. WHAT POLICIES DOES NEPA SET FORTH? IV. TO WHOM DOES THE INTERPRETATION MANDATE APPLY? V. WHAT IS MEANT BY "TO THE FULLEST EXTENT POSSIBLE"? VI. HOW ...
Rethinking recycling.
Sep 22, 2008; ... <Pre>I. INTRODUCTION II. A RCRA PRIMER III. THE PROBLEM OF RECYCLING UNDER RCRA A. Statutory Jurisdiction over Recyclable Materials B. No Clear Economic Indicia of Waste C. No Clear Environmental Indicia of Wastes D. The Complexity of Industrial ...
Property pieces in compensation statutes: law's eulogy for Oregon's measure 37.
Sep 22, 2008; ... <Pre> I. INTRODUCTION II. UNDERSTANDING OREGON'S MEASURE 37 AS RIGHTS WITHOUT PROPERTY A. The Text of Measure 37 B. Understanding the Measure Through the Doctrine of Capture: Excusing a Claimant From Earning a Property Expectation C. Understanding the Measure ...
Wind power, wildlife, and the Migratory Bird Treaty Act: a way forward.
Sep 22, 2008; ... <Pre> I. INTRODUCTION: EMERGENCE AND RAPID GROWTH OF MODERN WIND POWER IN THE UNITED STATES II. AVIAN AND BAT IMPACTS III. PERTINENT FEDERAL WILDLIFE LAWS IV. INCIDENTAL TAKE OF BIRDS UNDER THE MIGRATORY BIRD TREATY ACT A. Legislative History of the Migratory Bird Treaty ...
Courts and the EPA interpret NPDES general permit requirements for CAFOS.(National Pollutant Discharge Elimination System, concentrated animal feeding operations)
Sep 22, 2008; ... <Pre> I. INTRODUCTION II. OBJECTIONS TO REGULATIONS AUTHORIZING DISCHARGES BY CAFOS A. Land Application of Manure B. General Permits III. MICHIGAN'S REGULATORY CHALLENGE A. Discharge Rates of a Nutrient Management Plan B. Public Participation IV. FEDERAL ...
A train without tracks: rethinking the place of law and goals in environmental and natural resources law.
Sep 22, 2008; ... <Pre> I. INTRODUCTION II. NEW THINKING IN ENVIRONMENTAL AND NATURAL RESOURCES LAW A. Responding to the Scientists: Ecosystem Management 1. Ecological Foundations of Ecosystem Management 2. The Impact of the Science on Institutional Design B. Lessons from New ...
Overly restrictive administrative records and the frustration of judicial review.
Sep 22, 2008; ... <Pre> I. INTRODUCTION II. JUDICIAL REVIEW OF AGENCY DECISION MAKING A. Agency Actions Under the Administrative Procedure Act B. The "Record Rule" as Explained by the Supreme Court C. Recognized Exceptions to the Record Rule 1. Bad Faith on the Part of the ...