Environmental Law articles from January 1995

Environmental Law archives from January 1995

Dedication: Edmund O. Belsheim. (includes 2 testimonials)
January 1, 1995... During his remarkable career as a law professor, Edmund O. Belsheim taught nearly every basic course in the curriculum. He was a common law lawyer in the Holmes tradition and more. Though educated when the common law dominated the curriculum, Ed...

International environmental standards for transnational corporations.
January 1, 1995... "[W]ith the exception of a handful of nation-states, multinationals are alone in possessing the size, technology, and economic reach necessary to influence human affairs on a global basis."(1) I. INTRODUCTION By the early 1990s, there were...

The political implications of the enforcement provisions of the NAFTA environmental side agreement: the CEC as a model for future accords. (Commission for Environmental Cooperation)
January 1, 1995... I. INTRODUCTION One of the most novel aspects of the North American Free Trade Agreement (NAFTA)(1) is the major role played in the negotiations by environmental interest groups and by ecological issues in general.(2) The environmental...

Congress, the courts, and solid waste transport: good fences don't always make good neighbors.
January 1, 1995... We are awash in a tide of solid waste that shows few signs of abating. Recent efforts to reduce and recycle the prodigious quantity of waste Americans generate have barely dented its volume. Specifically, we generate about 180 million tons per...

The self-critical analysis privilege and environmental audit reports.
January 1, 1995... I. Introduction II. Evolution of the Self-Critical Analysis Privilege A. Privileges in Federal Practice B. Principles, Policy Rationales, and Elements of the Privilege C. Limits to Application of the Privilege III. Compliance Audit Reports...

Making sense out of secondary sources in environmental law: a research primer.
January 1, 1995... I. INTRODUCTION Rachel Carson's ground-breaking book Silent Spring is prefaced with the observation that "[o]ur approach to nature is to beat it into submission."(1) The novice in the field of environmental legal research might adapt that...

Introduction and decision.(Colloquium on Dolan: The Takings Clause Doctrine of the Supreme Court and the Federal Circuit)
January 1, 1995... I. Introduction II. Elements of the Case A. Mrs. Dolan's Property and the City of Tigard's Plan B. Decisions of the Land Use Board of Appeals C. Decision of the Oregon Court of Appeals D. Decision of the Oregon Supreme Court E....

Reading Dolan v. City of Tigard.(Colloquium on Dolan: The Takings Clause Doctrine of the Supreme Court and the Federal Circuit)
January 1, 1995... I. The Stories of Dolan There are different ways to read the story of Dolan v. City of Tigard.(1) One is the plaintiff's story: the story of Mrs. Dolan, an elderly widow, who wishes to expand the family hardware store, but who is prevented...

Dolan v. City of Tigard: another step in the right direction.(Colloquium on Dolan: The Takings Clause Doctrine of the Supreme Court and the Federal Circuit)
January 1, 1995... I. JUDICIAL BALANCING AND THE TAKINGS CLAUSE The Supreme Court's decision in Dolan v. City of Tigard(1) is another step, following Lucas v. South Carolina Coastal Council,(2) in the right direction.(3) In Dolan, a majority of the Court has...

Substantive due process resurrected through the takings clause: Nollan, Dolan, and Ehrlich.(Colloquium on Dolan: The Takings Clause Doctrine of the Supreme Court and the Federal Circuit)
January 1, 1995... As a practitioner in the planning law field, I have been asked to deal with the practical effects of Dolan v. City of Tigard(1) on local planning practice. That question is laden with speculation. Dolan is the latest in a series of cases from our...

Takings law and appellate decision making.(Colloquium on Dolan: The Takings Clause Doctrine of the Supreme Court and the Federal Circuit)
January 1, 1995... The issue with which we are dealing today--takings--is one of the most challenging, interesting and exciting areas of law today. I gather from the presence of so many of you here that you feel so too. The takings clause combines constitutional...

The end of environmental law? Libertarian property, natural law, and the just compensation clause in the Federal Circuit. (includes discussion)(Colloquium on Dolan: The Takings Clause Doctrine of the Supreme Court and the Federal Circuit)
January 1, 1995... "Government hardly could go on if to some extent values incident to property could not be diminished without paying for every such change in the general law." Justice Holmes, in Pennsylvania Coal Co. v. Mahon(1) "The more often the...

Another Supreme Court move away from recognition of tribal sovereignty.(Case Note)
January 1, 1995... I. Introduction II. Congressional Abrogation of Treaty Rights A. Shifting Standards of Abrogation B. The Dion Standard III. Judicial Erosion of Tribal Sovereignty: The Montana and Brendale Decisions A. Montana v. United States B....

The State and Social Power in Global Environmental Politics.
January 1, 1995... Perceptions vary as to how to achieve global environmental balance. The dominant view is that nation states will meet the challenge through a set of incremental steps whereby individual states unite in a system of collective management. This...