Environmental Law articles from December 1999

Environmental Law archives from December 1999

Talk is cheap: the existence value fallacy.
December 22, 1999... I. INTRODUCTION Talk is cheap. We distinguish between those who merely "talk the talk" and those who actually "walk the walk." We hear admonitions to "put your money where your mouth is" Usually economists are the first ones in line to...

Basic themes for regulatory takings litigation.
December 22, 1999... I. INTRODUCTION In my view, the Takings Clause(1) ought not apply to regulations of resource use at all, but only to physical or legal appropriations.(2) Serious unfairness in the administration of land use and environmental laws may raise...

The takings jurisprudence of the Court of Federal Claims and the Federal Circuit.
December 22, 1999... I. INTRODUCTION Through nearly a century and a half of constitutional jurisprudence, the Supreme Court read the straightforward language of the Takings Clause(1) literally(2) and assumed that it "reached only a `direct appropriation' of...

Does a regulation that fails to advance a legitimate governmental interest result in a regulatory taking?
December 22, 1999... I. INTRODUCTION The most important and controversial question in regulatory takings law today is whether a regulation that fails to advance a legitimate governmental interest results in a compensable taking under the Fifth Amendment to the...

Regulatory takings: a historical overview and legal analysis for natural resource management.
December 22, 1999... I. INTRODUCTION The past ten years have witnessed an explosive increase in the intensity of public debate on how to best use our nation's natural resources.(1) On one side of the debate are the well-established national environmental...

Lucas v. South Carolina Coastal Council: the categorical and other "exceptions' to liability for Fifth Amendment takings of private property far outweigh the "rule".
December 22, 1999... I. INTRODUCTION To what extent do federal, state, and local government regulations implicate the Takings Clause of the Fifth Amendment to the U.S. Constitution (stating that "nor shall private property be taken for public use, without just...

Standing on their own four legs: the future of animal welfare litigation after Animal Legal Defense Fund, Inc. v. Glickman.
December 22, 1999... I. INTRODUCTION Marc Jurnove could not believe what he saw at the Long Island Game Park Farm and Zoo. Having spent the majority of his adult life working for various human and animal relief and rescue organizations,(1) Mr. Jurnove knew...

The Takings Issue: Constitutional Limits on Land Use Control and Environmental Regulation.(Review)
December 22, 1999... I. INTRODUCTION When you purport to provide a "balanced" treatment of a highly charged issue like regulatory takings, you had better deliver. Advocates on both sides of the debate will inspect every page for evidence of a thumb on the...

Natural Capitalism: Creating the Next Industrial Revolution.(Review)
December 22, 1999... Imagine a world in which cities have become peaceful and serene because cars and buses are whisper quiet, vehicles' exhaust consists only of water vapor, and parks and greenways have replaced unneeded urban freeways. In this world, buildings...

A Story That Stands Like a Dam: Glen Canyon and the Struggle for the Soul of the West.(Review)
December 22, 1999... A STORY THAT STANDS LIKE A DAM: GLEN CANYON AND THE STRUGGLE FOR THE SOUL OF THE WEST Russell Martin. Salt Lake City, UT: University of Utah Press, 1999. (801) 585-9786. 368 pp. $15.95 Paperbound. A Story that Stands Like a Dam: Glen...

Contested Landscape: The Politics of Wilderness in Utah and the West.(Review)
December 22, 1999... CONTESTED LANDSCAPE: THE POLITICS OF WILDERNESS IN UTAH AND THE WEST Edited by Doug Goodman and Daniel McCool. Salt Lake City, UT: University of Utah Press, 1999. (801) 585-9786. 320 pp. $19.95 Paperbound. Contested Landscape: The...

Equality Among Unequals in International Environmental Law: Differential Treatment for Developing Countries.(Review)
December 22, 1999... EQUALITY AMONG UNEQUALS IN INTERNATIONAL ENVIRONMENTAL LAW: DIFFERENTIAL TREATMENT FOR DEVELOPING COUNTRIES Anita Halvorssen. Boulder, CO: Westview Press, 1999. (303) 444-3541.200 pp. $60.00 Hardbound. Equality Among Unequals in...

Defending Illusions: Federal Protection of Ecosystems.(Review)
December 22, 1999... DEFENDING ILLUSIONS: FEDERAL PROTECTION OF ECOSYSTEMS K. Fitzsimmons. Lanham, MD: Rowman & Littlefield Publishers, Inc., 1999. (301) 459-3366. 272 pp. $60.00 Clothbound, $22.95 Paperbound. Defending Illusions: Federal Protection of...

Risk Assessment in Environmental Management.(Review)
December 22, 1999... RISK ASSESSMENT IN ENVIRONMENTAL MANAGEMENT D. Kofi Asante-Duah. New York, NY: John Wiley & Sons, Inc., 1999. (212) 850-6904. 515 pp. $175.00 Clothbound. Risk Assessment in Environmental Management attempts to provide a concise, yet...

Communication Skills for the Environmental Technician.(Review)
December 22, 1999... COMMUNICATION SKILLS FOR THE ENVIRONMENTAL TECHNICIAN Hazardous Materials Training and Research Institute. New York, NY: John Wiley & Sons, Inc., 1999. (212) 850-6904. 244 pp. $49.95 Paperbound. Communication Skills for the...

Politics and the Environment: From Theory to Practice.(Review)
December 22, 1999... POLITICS AND THE ENVIRONMENT: FROM THEORY TO PRACTICE James Connelly and Graham Smith. New York, NY: Routledge, 1999. (212) 216-7800. 340 pp. $85.00 Hardbound, $ 25.99 Paperbound. Politics and the Environment: From Theory to Practice is...

Political Ecology: Global and Local.(Review)
December 22, 1999... POLITICAL ECOLOGY: GLOBAL AND LOCAL Edited by David Bell, Roger Keil, Leesa Fawcett, and Peter Penz. New York, NY: Routledge, 1999. (212) 216-7800. 387 pp. $110.00 Hardbound, $ 32.99 Paperbound. Political Ecology: Global and Local...

Environmental Rights: Critical Perspectives.(Review)
December 22, 1999... ENVIRONMENTAL RIGHTS: CRITICAL PERSPECTIVES Christopher Miller. New York, NY: Routledge, 1999. (212) 216-7800. 387 pp. $85.00 Hardbound. Environmental Rights: Critical Perspectives offers new views on contemporary debates over rights...

The Earth on Trial: Environmental Law on the International Stage.(Review)
December 22, 1999... THE EARTH ON TRIAL: ENVIRONMENTAL LAW ON THE INTERNATIONAL STAGE Paul Stanton Kibel. New York, NY: Routledge, 1999. (212) 216-7800. 192 pp. $70.00 Hardbound, $ 22.99 Paperbound. The Earth on Trial looks at some of this decade's most...

Errata.(correction to 'The little fish that roared: the Endangered Species Act, state groundwater law, and private property rights collide over the Texas Edwards aquifer in vol. 28 issue)(Correction Notice)
December 22, 1999... The following changes should be made to Todd H. Votteler, The Little Fish that Roared: The Endangered Species Act, State Groundwater Law, and Private Property Rights Collide over the Texas Edwards Aquifer, 28 ENVTL L. 845. On page 851,...