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Mobil Oil Exploration, Environmental Protection, and Contract Repudiation: It's Time to Recognize the Public Trust in the Outer Continental Shelf

December 2000

Citation: ELR 11104

Author: Robin Kundis Craig

In a recent article reviewing the U.S. Supreme Court's environmental decisions over the last 30 years (1969-1999), Professor Richard Lazarus argues that "the Justices have never fully appreciated environmental law as a distinct area of law."1

They perceive environmental law instead as merely an incidental factual context, in which environmental protection concerns are at stake, but there is nothing uniquely environmental about the legal issues being raised. The Justices, accordingly, fail to appreciate how the nature of the environmental concerns being addressed can sometimes be relevant to their resolution of those legal issues.2

Robin Kundis Craig is an Assistant Professor of Law at Western New England College School of Law. Professor Craig received her J.D. in 1996 from the Lewis & Clark School of Law, her Ph.D. in English Literature in 1993 from the University of California, and her M.A. in Writing About Science in 1986 from the Johns Hopkins University. Professor Craig can be contacted through e-mail at rcraig@llama.lnet.wnec.edu or the Internet at http://wneclaw.wnec.edu/faculty/craig/default.html.

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