Environmental Law articles from March 2000

Environmental Law archives from March 2000

Tragically difficult: the obstacles to governing the commons.
March 22, 2000... I. INTRODUCTION In 1968 Garrett Hardin published his famous and oft-cited article "The Tragedy of the Commons," examining the overuse of commonly shared resources.(1) Hardin chose his title well. The problem of the tragedy of the commons...

Protecting habitat for off-reservation tribal hunting and fishing rights: tribal comanagement as a reserved right.
March 22, 2000... I. INTRODUCTION After being suppressed under discriminatory regimes of state and federal fish and game management for much of this century, Indian tribes and their members successfully began to assert their reserved rights(1) to hunt,...

Equivalence: not quite close enough for the international harmonization of environmental standards.
March 22, 2000... I. INTRODUCTION As noted by economist Herman Daly, the world used to be "relatively empty of human beings and their belongings... and relatively full of other species and their habitats."(1) But many people, particularly urban residents,...

Dueling risk assessments: why the WTO and Codex threaten U.S. food standards.(World Trade Organization; Codex Alimentarius Commission)
March 22, 2000... I. INTRODUCTION The onset of increased international trade during the 1980s and 1990s has resulted in numerous challenges to United States laws and regulations.(1) The next likely U.S. target of the international trade juggernaut could be...

Shifting the experiment to the lab: does EPA have a mandatory duty to require chemical testing for endocrine disruption effects under the Toxic Substances Control Act?
March 22, 2000... I. INTRODUCTION We can never construct a society that is completely free of risk. At a minimum, however, the American people have a right to know the substances to which they and their children are being exposed and to know everything that...

EPA's approach to endangered species protection in state clean water act programs.
March 22, 2000... I. INTRODUCTION In the last decade the National Marine Fisheries Service (NMFS) has issued an unprecedented number of endangered and threatened salmonid listings(1) under the Endangered Species Act (ESA).(2) These listings affect virtually...

Comparative Asian Environmental Law Anthology.(Review)
March 22, 2000... COMPARATIVE ASIAN ENVIRONMENTAL LAW ANTHOLOGY Alexander J. Bolla & Ted L. McDorman. Durham NC: Carolina Academic Press, 2000. (919) 489-7486. 557 pp. This anthology presents readings on environmental law and policy that helps focus the...