Environmental Law articles from June 1995

Environmental Law archives from June 1995

Toxic apportionment: a causation and risk contribution model.
June 22, 1995... I. Introduction and Summary A. The Basic Idea In a typical toxic tort case,(1) the plaintiff or the plaintiffs property suffers some harm as a result of exposure to one or more sources of a toxic substance.(2) For example, if the plaintiff...

Running on empty: the case for a sustainable national transportation system.
June 22, 1995... I. Introduction:A New Era in Transportation Policy With the election of the 104th Congress, our nation's federal government began a potentially historic transition. What is emerging from new concepts being considered and adopted in the...

Natural resources policy in the Clinton administration: a mid-course evaluation from inside.(Symposium on Clinton's New Land Policies)
June 22, 1995... I will try not to give a campaign speech, but I must warn you in advance that I may not be successful in cleansing my remarks of all partisanship. I will try to step back a little from the day-to-day stuff of government and suggest some of the...

Reflections on the Endangered Species Act.(Symposium on Clinton's New Land Policies)
June 22, 1995... I. Reflections on the Presume: Habitat Protection A. Habitat Protection and the Phenomenon of Species Extinction The diversity of life on earth is nearly beyond human imagination. The baseline number of living organisms is unknown, even to...

'Til the cows come home: the fatal flaw in the Clinton administration's public lands grazing policy.(Symposium on Clinton's New Land Policies)
June 22, 1995... Livestock grazing is the most extensive commercial use of public lands in the United States. The two largest categories of public lands are the national forests, managed by the United States Forest Service, and the public lands managed by the...

Energy policy from Nixon to Clinton: from grand provider to market facilitator.(Symposium on Clinton's New Land Policies)
June 22, 1995... I. A Brief History of U.S. Energy Policy A. 1973 to 1980 While the federal role in energy policy has been significant for decades - the Teapot Dome scandal dates to 1922 and the Atomic Energy Act(1) passed in 1946-for most purposes the modem...

Fulfilling the executive's trust responsibility toward the native nations on environmental issues: a partial critique of the Clinton administration's promises and performances.(Symposium on Clinton's New Land Policies)
June 22, 1995... I. Introduction In a fittingly symbolic display of nature on April 29, 1994, clouds darkened in the sky over the south lawn of the White House as a tribal leader waved eagle feathers toward the four comers of the earth against a background of...

Mootness and citizen suit civil penalty claims under the Clean Water Act: a post-Lujan reassessment.
June 22, 1995... I. Introduction Over the past twenty-one years, the citizen suit provision of the Federal Water Pollution Control Act (the Clean Water Act)(1) has become a powerful means by which citizen groups can prosecute parties who illegally pollute the...

Population, Law, and the Environment.
June 22, 1995... In this intelligent and well-written book, Robert Hardaway makes a point-counterpoint challenge to Vice President Al Gore's views as expressed in Earth in the Balance. Hardaway seeks to answer the question of how national policies on family...

Beyond NIMBY: Hazardous Waste Siting in Canada and the United States.
June 22, 1995... This work takes a refreshing approach to evaluating hazardous waste disposal policies in the United States and Canada. The phrase "not in my backyard" (NIMBY) has become associated with the strong opposition by most communities to having a...

Footing the Bill for Superfund Cleanups: Who Pays and How?
June 22, 1995... Superfund, the federal government's controversial program for apportioning liability and cost for toxic waste cleanup, is one of the government's least understood environmental programs. The first part of this book provides a comprehensive...

Climate Change and the Agenda for Research.
June 22, 1995... In this 1994 work, Ted Hanisch brings together a volume of essays from the 1992 Earth Summit discussing the most strategic questions and challenges to scientists and policy-makers dealing with climate change. The book, as did the Rio Convention,...

Controlling Environmental Policy: The Limits of Public Law in Germany and the United States.
June 22, 1995... The author, Susan Rose-Ackerman, dispels the notion that Germany should be the mold from which other nations' environmental policies should be cast. She compares regulatory law and policy in the United States and Germany. Focusing on the...

Integrated Public Lands Management.
June 22, 1995... This book addresses two major concerns. The first is the lack of unified treatment of the analytical procedures used by federal land management agencies in planning and managing the lands for which they are responsible, and the second is the...

1994 Ninth Circuit Environmental Review. (includes index of cases and statutes)
June 22, 1995... A. Clean Air Act 1. McCarthy v. Thomas, 27 F. 3d 1363 (9th Cir. 1994). The plaintiffs requested injunctive relief ordering the cities of Tucson and Phoenix to expand their mass transit systems in accordance with the approved portions of...

The legal status of Land and Resource Management Plans for the national forests: paying the price for statutory ambiguity. (LRMPs)
June 22, 1995... I. Introduction The National Forest Management Act (NFMA)(1) directs the United States Forest Service Forest Service) to prepare land and resource management plans (LRMPs) to guide the maintenance and use of resources within the national...

Alaska Sport Fishing Association v. Exxon Corporation highlights the need to take a hard look at the doctrine of parens patriae when applied in natural resource damage litigation.(Case Note)
June 22, 1995... I. INTRODUCTION Under the doctrine of parens patriae, the government represents all of its citizens when it is a party in a suit involving a matter of sovereign interest. In this capacity, the government acts as a trustee of the public....

Transportation planning and the Clean Air Act.
June 22, 1995... I. Introduction Of all life's necessities, air is the one that people partake of most directly. Water can be filtered and food can be cleaned or grown organically, but we breath everything that we emit into the atmosphere.(1) Of all the...