Environmental Law articles from March 2009

Environmental Law archives from March 2009

Global warming and the problem of policy innovation: lessons from the early environmental movement.
March 22, 2009... In this opening decade of the twenty-first century, our nation and the entire globe faces a daunting array of environmental problems. They present some steep hills to climb, with disruptive climate change looming as the largest. This Essay...

Disestablishing environmentalism.
March 22, 2009... I. INTRODUCTION II. RELIGION AND THE ENVIRONMENT A. Defining Establishment and Religion B. Is Environmentalism a Religion? 1. What is Environmentalism? 2. Environmentalism's Religious Language 3....

The Rhino in the Colonia: how Colonias Development Council v. Rhino Environmental Services, Inc. set a substantive state standard for environmental justice.
March 22, 2009... I. INTRODUCTION II. BACKGROUND A. Waste Siting and the Origins of the Environmental Justice Movement B. Chaparral, New Mexico C. The Rhino Landfill Proposal D. The Hearing III. RHINO IN THE COURTS ...

Public outcry: Kelo v. City of New London - a proposed solution.
March 22, 2009... I. INTRODUCTION II. THE FACTS III. THE MAJORITY OPINION IV. DISSENTING OPINIONS V. THE PUBLIC AND MEDIA REACTION TO KELO VI. POST-KELO STATE EMINENT DOMAIN LEGISLATION VII. EMINENT DOMAIN: ORIGIN AND LEGAL DEVELOPMENT VIII. THE U.S....

Why private remedies for environmental torts under the Alien Tort Statute should not be constrained by the judicially created doctrines of jus cogens and exhaustion.
March 22, 2009... I. INTRODUCTION II. THE ALIEN TORT STATUTE: OVERVIEW & CONGRESSIONAL INTENT A. ATS History & Recent Developments 1. Discerning the Intent of the First Congress B. The Meaning of "a Tort" 1. Tort History ...

Trashing the presumption: intervention on the side of the government.
March 22, 2009... I. INTRODUCTION II. INTERVENTION: RULE 24 OF THE FEDERAL RULES OF CIVIL PROCEDURE III. MINIMAL BURDEN TEST: THE TRBOVICH CASE IV. ORIGINS OF THE PARENS PATRIAE DOCTRINE V. TRASHING THE PRESUMPTION A. The Presumption Rests on...