Environmental Law

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

Articles from Vol. 27, No. 4, Winter

Allowing Fertility Decline: 200 Years after Malthus's Essay on Population
I. INTRODUCTION Currently, fertility rates are declining or are already low in most countries.(1) The economic opportunity model presented herein predicts that this trend will continue because it is a response to real economic and environmental...
Environmental Malthusianism: Integrating Population and Environmental Policy
I. INTRODUCTION: THE TRADITIONAL MALTHUSIAN DEBATE When Thomas Malthus warned of the dangers of overpopulation in his 1798 Essay on Population, he was concerned mostly about food.(1) Malthus warned that if the world's population was permitted...
Feeling Grounded: A Gendered View of Population Control
On a slow boat in China, sailing up the Yangtze River, I observed construction beginning on what will soon become the largest dam on the planet.(1) I was on my way to the 1995 United Nations Fourth World Conference on Women in Beijing(2) and took...
Political Influences on USFWS Listing Decisions under the ESA: Time to Rethink Priorities
Recently I read an account of a Los Angeles "Eco-Expo" last April, where children were invited to write down their answers to the basic question: "Why save endangered species?" One child, Gabriel, answered, "Because God gave us animals." Travis and...
Population Control and Sustainability: It's the Same Old Song but with a Different Meaning
If the earth must lose that great portion of its pleasantness which it owes to things that the unlimited increase of wealth and population would extirpate from it, for the mere purpose of enabling it to support a larger but not a better or a happier...
Religious Responses to the Population Sustainability Problematic: Implications for Law
I. INTRODUCTION In an Atlantic Monthly article, Charles Mann asked the question, "How Many is Too Many?" for the earth to sustain.(1) Mann argues that since the 1700s, the answers to this question have varied between those who believe that continued...
Successor Liability and CERCLA: The Runaway Doctrine of Continuity of Enterprise
I. INTRODUCTION II. CERCLA, SUCCESSOR LIABILITY, AND THE EPA INTERPRETATION III. PRODUCT LIABILITY AND CERCLA--ALTERNATIVE EVOLUTIONS OF THE SUCCESSOR LIABILITY DOCTRINE A. Setting the Stage: The Traditional Doctrine and Its Evolution...
Sustainable Consumption and the Law
I. INTRODUCTION Over a quarter century has passed since the Clean Air Act of 1970(1) ushered in the era of modern environmental law, establishing for the first time tough, nationally uniform command-and-control requirements.(2) From today's...
The Environment, Population, and Women's Human Rights
I. INTRODUCTION In the view of many current observers, the state of the earth's environment and the population it sustains has reached a critical point. A host of serious problems face the world community and satisfactory solutions appear difficult...
The Population Explosion: Why We Should Care and What We Should Do about It
Almost everyone has heard about the population explosion, but few people understand its significance. Following is a brief overview of the basic problem caused by the rapid increase in human numbers from roughly one billion people in 1800 to some,...