Environmental Law

A journal investigating issues of environment law and policy on a local, national and international level.

Articles from Vol. 41, No. 4, Fall

Mastering the Evidence: Improving Fact Finding by International Courts
I. INTRODUCTION II. THE PAST AND PROSPECTS FOR THE FUTURE A. The Past: Working with Experts B. The Pulp Mills Evidence: Voluminous, Complex, Scientific, and Technical III. THE SPECIAL MASTER IV. FINDING THE AUTHORITY TO USE MASTERS...
Neither Joint nor Several: Orphan Shares and Private CERCLA Actions
I. INTRODUCTION II. BACKGROUND A. Joint and Several Versus Several Liability B. CERCLA III. PRIVATE CERCLA CLAIMS AND THE ORPHAN SHARE PROBLEM A. Yesteryear B. Aviall and Atlantic Watershed C. Today 1. The Muddle...
Preventing Coal Companies from Using Compliance Schedules to Loophole around the Mountains
I. INTRODUCTION II. THE CLEAN WATER ACT A. Contents of an NPDES Permit B. Changing the Permit Terms 1. Appealing the Final Permitting Decision 2. Modification 3. Enforcement. III. COMPLIANCE SCHEDULES A. What...
Setting the Foundation: Climate Change Adaptation at the Local Level
I. INTRODUCTION II. ADAPTING TO A WARMER WORLD III. TOWARDS A POLYCENTRIC MODEL OF CLIMATE REGULATION A. Evolution of the Polycentric Model B. Adaptation in a Polycentric Model IV. ADAPTATION AND URBAN DEVELOPMENT A. Focus on the...
State Trust Lands: Static Management and Shifting Value Perspectives
I. INTRODUCTION II. A BRIEF HISTORY OF STATE TRUST LANDS III. THE TRUST FORMED BY THE ARIZONA-NEW MEXICO ENABLING ACT A. Elements of the Trust B. Early Cases Recognizing the Trust. IV. RECENT STATE TRUST LAND LITIGATION A. Changing...
The Answer Lies in Admiralty: Justifying Oil Spill Punitive Damages Recovery through Admiralty Law
I. INTRODUCTION II. DEEPWATER HORIZON, THE OIL POLLUTION ACT, AND MARITIME LAW PUNITIVE DAMAGES A. The Oil Pollution Act of 1990 B. The Deepwater Horizon Spill C. The Case Against Punitive Damages Under the Oil Pollution Act ...
Water, Work, Wildlife, and Wilderness: The Collaborative Federal Public Lands Planning Framework for Utility-Scale Solar Energy Development in the Desert Southwest
I. INTRODUCTION II. A CONSENSUS ON RENEWABLE ENERGY DEVELOPMENT A. A National Priority B. Nevada's Electric Restructuring Legislation and Renewable Portfolio Standard C. Arizona's Renewable Energy Standard and Tariff. ...