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A journal investigating issues of environment law and policy on a local, national and international level.
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Entrepreneurial environmentalism: a new approach for the new millennium.
January 1, 2000...
In this Essay, Representative Blumenauer discusses the history of the
United States's environmental movement and the laws it has produced. Given
the current stalemate, where political pressure and shrinking economic
resources...
Coming of age in the environment.
January 1, 2000... In this Essay, Judge Richard Cudahy traces the history of the environmental movement in the United States. Starting with several examples of environmental disasters during the 1950s, he then moves on to discuss the budding awareness of...
The past and future of environmental law.
January 1, 2000... From the perspective of a legal educator at the school that invented environmental law as a specialty, Dean Huffman presents his vision of the future of environmental law. The environmental movement's origins lie in the conservationist...
A road map for environmental law in the twenty-first century: follow the Oregon trail.
January 1, 2000...
Oregon is a national model for promoting strategies that protect open
spaces and encourage smart growth. These are lessons that should be
employed on a national level and implemented in the twenty-first century.
In this Essay,...
"Who do you think you are?" Tales from the trenches of the environmental standing battle.
January 1, 2000...
Mr. Van Tuyn identifies as a significant trend in environmental law the
increasing tendency of federal judges to dismiss proenvironment lawsuits
for lack of standing. The trend has been facilitated by United States
Supreme Court...
Essential fish habitat: does calling it essential make it so?
January 1, 2000...
In 1996 Congress amended the Magnuson-Stevens Fishery Conservation and
Management Act with the Sustainable Fisheries Act (SFA), adopting language
that some predict will change fisheries management. Through the SFA, and
its...
Pollutants without half-lives: the role of federal environmental laws in controlling ballast water discharges of exotic species.
January 1, 2000...
Used by ships to increase stability, ballast water is the largest source of
aquatic exotic (i.e., nonindigenous) species in the United States today.
Despite the catastrophic effects on native ecosystems, and the billions of
...
When is a trade secret not so secret? The deficiencies of 40 C.F.R. Part 2, Subpart B.(Code of Federal Regulations)
January 1, 2000...
Current environmental law attempts to balance the public's right to
information about the environment with business and industry's legitimate
need to keep certain competitive information confidential. Despite being
economically...
Prospective purchaser agreements: EPA's new outlook on landowner liability.
January 1, 2000...
Brownfields are abandoned, idled, or under-used industrial and commercial
facilities where expansion or redevelopment is complicated by real or
perceived environmental contamination. The strict liability scheme imposed
by...
A millennial update on procedural issues in environmental litigation.
January 1, 2000... Dear Editorial Staff:
I. INTRODUCTION
Regular readers of "Clear the Air" have probably noticed the absence in Environmental Law's Volumes 28 and 29 of my annual contributions, which over the preceding haft-decade had emphasized the...
Errata.(correction to "Lucas v. South Carolina Coastal Council: The Categorical and Other "Exceptions" to Liability for Fifth Amendment Takings of Private Property Far Outweigh the 'Rule'", Environmental Law, vol. 29, p. 939)(Correction Notice)
January 1, 2000... The following change should be made to Glenn P. Sugameli, Lucas v. South Carolina Coastal Council: The Categorical and Other "Exceptions" to Liability for Fifth Amendment Takings of Private Property Far Outweigh the "Rule", 29 ENVTL. L. 939...