Articles and Essays on Environmental Advocacy Topics
Essays
New England Law Review Articles
- Kristen M. Ploetz, Note, Light Pollution in the United States: An Overview of the Inadequacies of Common Law and State and Local Regulation (Summer 2002) [PDF format] : A discussion of the myriad of attempts to regulate the ever growing problem of light pollution and the subsequent failures of each. The author argues for federal legislation to address the problem uniformly.
- Paula J. Frasso, Note, The Massachusetts Anti-Cruelty Statute: A Real Dog - A Proposal for a Re-Draft of the Current Law (Summer 2001) [PDF format]: A discussion of animal cruelty laws across the United States and an analysis of the best components of each that should be incorporated into Massachusetts' law to ensure the safety of our pets.
- Joan M. Malik, Comment, Centerior Service Co. v. Acme Scrap Iron & Metal Corp.: Pleading for CERCLA Recovery (Fall 1999) [PDF format]: CERCLA cost recovery actions and the differing opinions amongst the Circuits as to the applications of sections 107 and 113 for the contribution and recovery of cleanup costs.
- Ann Berwick, Esq. Environmental Implications of Energy Industry Restructuring (Spring 1999 Symposium) [PDF format] : A speech outlining the impacts of energy restructuring including the premature closure of nuclear power plants, the increase of coal and natural gas use, and the potential impact of various environmental regulations.
- Pamela Hill, Esq. Emerging Policy and Legal Directions at EPA (Spring 1999 Symposium) [PDF format]: Assistant General Counsel of EPA Pamela Hill's comments to the 1999 symposium concerning the successes of EPA and new challenges that the agency faces. The challenges include land use and other planning initiatives to curb runoff, efforts to lower the miles that commuters travel in personal vehicles, as well as old challenges such as superfund sites.
- Martin E. Levin, Esq. Environmental Law Enforcement and Deregulation (Spring 1999 Symposium) [PDF format] : Mr. Levin, of the MA Attorney General's Office, discussed new approaches to environmental regulation. These new approaches include less direct oversight by EPA and DEP and a looser command and control structure. This new approach calls for a combination of industry good faith, government compliance reporting, and case specific enforcement in order for the system to work.
- Lauren Stiller Rikleen, Esq. Reconciling One's Environmentalism and the Duty to Represent Zealously (Spring 1999 Symposium) [PDF format] : Attorney Stiller, a former EPA enforcement attorney, discussed the conflicts that arise between being private sector attorney and one?s own environmentalism.
- Professor Allison M. Dussias, Asserting a Traditional Environmental Ethic: Recent Developments in Environmental Regulation Involving Native American Tribes (Spring 1999 Symposium) [PDF format] : Professor Dussias presents a discussion of the role of the environment for Native American tribes and how environmental regulations have been applied to them. Specifically, the discussion examines how the view of nature and the environment effects attempts to treat the tribes as states under the existing environmental regulations.
- Mark Roberts, Esq. & Andy Morgan, Cleaning Up, Redeveloping and Reusing Contaminated Properties (Spring 1999 Symposium) [PDF format]: This article discusses the early attempts to clean the myriad of hazardous waste sites across the country and the realization and change that occurred in the 1990s to push for redevelopment rather than litigation and cleanup.
- William A. Shutkin, Esq. Realizing the Promise of the New Environmental Law (Spring 1998 Symposium) [PDF format]: Attorney Shutkin discusses the available tools such as Brownsfields legislation and smart growth that if used properly and with knowledge could make a large impact on the environment today. However, the environmentalist movement has not yet grasped these tools in an effective manner. Greater knowledge, accessibility, and informing the general public of the gains that can be made through redevelopment and eco-planning are some of the steps suggested to really use these tools.
- Ann Brewster Weeks, Esq. Advising Nature: Can We Get Clean Air from the Old Dirties? (Spring 1999 Symposium) [PDF format]: Can grandfathering of old power plants ever equal clean air. Attorney Weeks discusses the need for a New New Source Review Program and the sweeping changes necessary to "fight" air pollution.
- Ethan H. Jessup, Environmental Crimes and Corporate Liability: The Evolution of the Prosecution of "Green" Crimes by Corporate Entities (Spring 1999 Symposium) [PDF format]: The use of enforcement regulations has altered the view of many industries and dispelled the complacency towards environmentalism. Through the use of techniques that hold corporations and individuals personally responsible, EPA and state environmental organizations have put teeth in the old regulations.
- Suzanne M. Parent, Note, Like Oil and Water: States and Feds Confront Environmental Self-Auditing (Summer 1997): A discussion of the use of industry provided information in enforcing environmental regulations. Many environmental laws allow for self policing and reporting, but what is the EPA or state to do when a violation is found? Can this information be used against the perpetrator?
- John R. Casciano, Comment, Key Tronic Corporation v. United States: A New Standard Narrows the Scope of the American Rule as Applied to CERCLA Private Contribution Recovery Actions (Winter 1996) : A discussion of the right to contribution in CERCLA actions. Can a private party recover attorney and litigation costs that are supposedly part of the remediation or cleanup costs?
Advocacy Project Articles
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