In Minnesota v. Mille Lacs Band of Chippewa Indians, the U.S. Supreme Court unanimously held that U.S. treaty negotiators severed the perpetual right to use land from formal title to the land in an 1837 (and 1854) Treaty. The Mille Lacs majority and dissent differed only as to whether treaty-guaranteed usufructuary property rights had been abrogated by subsequent events.
Major emitting facilities are required to comply with BACT standards for each pollutant subject to regulation under the CAA. This requirement—initially thought to be inconsequential—has now become a dominant feature of the PSD program, for the first time subjecting greenhouse gas emissions from stationary sources to federally mandated pollution control standards. This Article is the fifth in a series on the CAA’s complex PSD program.
The use of environmental tort claims to compensate pollution victims or to protect the environment and human health is still in an early stage of development in China. Nevertheless, tort cases play an outsized role in China’s environmental law system. From 2004 to 2009, China’s courts heard more environmental pollutionrelated tort cases than pollution-related administrative and criminal cases combined. Since 1998, the number of environmental lawsuits filed with the courts increased at an annual average of 25%.
This Comment presents an overview of China’s environmental administrative enforcement primarily regarding pollution control. It introduces the institutional framework of China’s environmental enforcement at the national and local levels and discusses the role of citizens and courts. The main challenges with China’s environmental enforcement are also presented.
The People’s Republic of China (PRC) was founded in 1949 by the Chinese Communist Party (CCP). For almost three decades after the PRC’s establishment, there was a perception that a formal legal system for many areas of national life was unnecessary since the economy was centrally controlled and conflicts could thus be resolved through mediation or administrative means without reference to legal rights and obligations.
A Texas appellate court reversed and remanded a $550,019 judgment awarded to property owners in their suit against a neighboring convenience store for damages stemming from a leaking UST. The evidence was legally sufficient to show that the gasoline migrated from the store's property to the plai...
A Wisconsin appellate court held that real estate agents may be held liable to the purchasers of their client's property for failing to disclose that a landfill next to the purchased property was a Superfund site. The purchasers learned that the landfill was a Superfund site shortly after closin...
California's highest court upheld a regional water board's issuance of a NPDES permit authorizing a power plant to draw cooling water from an adjacent harbor and slough. An environmental group filed suit, claiming that the permit did not satisfy the "best technology available" requirement of CWA...
The Ninth Circuit upheld the denial of animal rights groups' motion to preliminarily enjoin DOI from rounding up, destroying, or auctioning off wild horses and burros in the Twin Peaks Herd Management Area on the California-Nevada border. The groups claimed that the large-scale removal of horses...
The Third Circuit held that the Secretary of Labor need only demonstrate the possibility of exposure to asbestos that is substantially probable to lead to serious harm for purposes of classifying work standard violations as "serious." The Secretary had cited a company for nine "serious" violatio...