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Environmental Law
A journal investigating issues of environment law and policy on a local, national and international level.
Articles from Vol. 39, No. 2, Spring
Disestablishing Environmentalism
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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. Environmentalist...
Global Warming and the Problem of Policy Innovation: Lessons from the Early Environmental Movement
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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 concentrates...
Public Outcry: Kelo V. City of New London - a Proposed Solution
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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. SUPREME COURT'S STANDARDS...
The Rhino in the Colonia: How Colonias Development Council V. Rhino Environmental Services, Inc. Set a Substantive State Standard for Environmental Justice
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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
A. The Initial Appeal
...
Trashing the Presumption: Intervention on the Side of the Government
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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 Shaky Precedent
...
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
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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
C. What...
