Environmental Law

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

Articles from Vol. 26, No. 4, Winter

Assessing the Fitness of Novel Scientific Evidence in the Post-Daubert Era: Pesticide Exposure Cases as a Paradigm for Determining Admissibility
I. INTRODUCTION Problems inhere with the introduction of scientific evidence to prove general and specific causation. In particular, novel scientific evidence proffered in toxic tort litigation presents considerable problems for courts today....
Enforcement of Environmental Law in United States and European Law: Realities and Expectations
I. Introduction In the last twenty years, the world has witnessed various major environmental accidents, ranging from Seveso, Italy(1) to Bhopal, India(2) to Chernobyl(3) to Basel.(4) The discharge of toxic chemicals and the fallout of nuclear...
Equal Footing, County Supremacy, and the Western Public Lands
I. INTRODUCTION In recent years, a movement to wrest control of public lands from the federal government has arisen in the rural west.(1) A loose confederation, which has been labeled the "county supremacy movement,"(12) is attempting to dislodge...
Property as a Public Conversation, Not a Lockean Soliloquy: A Role for Intellectual and Legal History in Takings Analysis
I. INTRODUCTION The supreme power cannot take from any man any part of his property without his own consent; for the preservation of property being the end of government and that for which men enter into society, it necessarily supposes...
State Environmental Audit Privilege Laws: Can EPA Still Access Environmental Audits in Federal Court?
I. INTRODUCTION Over the last twenty-five years Congress, states, and administrative agencies have woven a complex web of environmental laws and regulations.(1 )Facing fines, criminal prosecutions of employees, and bad publicity if they are...
The Relationship between "Permanent Sovereignty" and the Obligation Not to Cause Transboundary Environmental Damage
I. Introduction 1188 II. Permanent Sovereignty over Natural Resources 1190 A. Conception and Development of the Principle 1190 B. The Principle of Permanent Sovereignty...
The Return of Reasonableness to NEPA Review?
I. Introduction The National Environmental Policy Act (NEPA) of 1969[1] is a remarkable piece of legislation. It may not seem so remarkable today, where impact statements of all kinds are routinely done for federal actions of every description....