Environmental Law articles from December 1996

Environmental Law archives from December 1996

Property as a public conversation, not a Lockean soliloquy: a role for intellectual and legal history in takings analysis.
December 22, 1996... I. INTRODUCTION The supreme power cannot take from any man any part of his property without his own consent; for the preservation of property being the end of government and that for which men enter into society, it...

Assessing the fitness of novel scientific evidence in the post-Daubert era: pesticide exposure cases as a paradigm for determining admissibility.
December 22, 1996... I. INTRODUCTION Problems inhere with the introduction of scientific evidence to prove general and specific causation. In particular, novel scientific evidence proffered in toxic tort litigation presents considerable problems for courts...

The relationship between "permanent sovereignty" and the obligation not to cause transboundary environmental damage.
December 22, 1996... I. Introduction 1188 II. Permanent Sovereignty over Natural Resources 1190 A. Conception and Development of the Principle 1190 B. The Principle of Permanent...

Enforcement of environmental law in United States and European law: realities and expectations.
December 22, 1996... I. Introduction In the last twenty years, the world has witnessed various major environmental accidents, ranging from Seveso, Italy(1) to Bhopal, India(2) to Chernobyl(3) to Basel.(4) The discharge of toxic chemicals and the fallout of...

State environmental audit privilege laws: can EPA still access environmental audits in federal court?
December 22, 1996... I. INTRODUCTION Over the last twenty-five years Congress, states, and administrative agencies have woven a complex web of environmental laws and regulations.(1 )Facing fines, criminal prosecutions of employees, and bad publicity if...

Equal footing, county supremacy, and the western public lands.
December 22, 1996... I. INTRODUCTION In recent years, a movement to wrest control of public lands from the federal government has arisen in the rural west.(1) A loose confederation, which has been labeled the "county supremacy movement,"(12) is attempting...

The return of reasonableness to NEPA review? (National Environmental Policy Act)(Case Note)
December 22, 1996... I. Introduction The National Environmental Policy Act (NEPA) of 1969[1] is a remarkable piece of legislation. It may not seem so remarkable today, where impact statements of all kinds are routinely done for federal actions of every...

Biodiversity and the Law.
December 22, 1996... The earths biodiversity is rapidly disappearing. This environmental crisis is the subject of Biodiversity and the Law, a collection of writings edited by William J. Snape III. In this book review, Richard Blaustein addresses some of the issues...