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Harnessing Consumer Power: Using Certification Systems to Promote Good Governance

A vast array of consumer products, including diamonds, timber, coffee, and rugs, have been linked to environmental and social harm around the world. Diamonds, for example, have financed global terrorist operatives such as Al Qaeda, and have perpetuated armed conflict and civil wars that have caused the death of more than three million people and driven more than six million people from their homes.

Judical Review Under the APA of Agency Inaction in Contravention of a Statutory Mandate: <i>Norton v. Southern Utah Wilderness Alliance</i>

Norton v. Southern Utah Wilderness Alliance, presently before the U.S. Supreme Court on appeal from the U.S. Court of Appeals for the Tenth Circuit, raises a fundamental issue of administrative law: whether the federal courts have jurisdiction under the Administrative Procedure Act (APA) to review inaction by a federal agency when that inaction violates a nondiscretionary statutory mandate imposed by the U.S. Congress.

Environmental Management Systems in Federal Enforcement Settlements

Introduction

This Article analyzes data and information on the use of environmental management systems (EMS) in federal enforcement settlements. An EMS is an approach to management and system improvements which includes policies, practices, procedures, processes, and resources for developing, implementing, achieving, and reviewing the organization's environmental policy and goals.

Industry Files Litigation Against New Jersey Opposing Aggressive Natural Resource Initiatives

An industry coalition filed suit in March 2004, against the state of New Jersey opposing highly criticized tactics, including the state's use of a New Orleans-based firm known for representing plaintiffs in toxic tort and related litigation, to recover money damages for natural resource claims. The action seeks to end the state's plan to rely upon contingent fee attorney Allan Kanner to sue more than 80 companies for alleged damages to natural resources.

Trouble in Mesopotamia: Can America Deter a Water War Between Iraq, Syria, and Turkey?

I. Introduction

The tensions over the waters of the [Tigris-Euphrates] basin have reached internationally acknowledged levels, and a lack of cooperation among the riparians confronts the world with a new potential conflict area. This situation threatens the delicate political stability in the Middle East, and further polarization in [sic] region continues . . . . The basin is one of the most unstable political areas in the region and water plays and [sic] important role. This is a classic case of [sic] water quantity issue, and use of the available water in the basin.

New Source Review: Should It Survive?

The Clean Air Act's (CAA's) new source review (NSR) program has not been effective. Some of the worst emitters of air pollutants today were among the worst polluters when control of new source emissions by the CAA began in 1970. Moreover, the program as applied to existing sources, despite its marginal successes, is characterized by uncertainty, complexity, vagueness concerning its requirements, and the potential high costs associated with unpredictable enforcement.

Federal Oversight Vs. State Discretion: EPA's Authority to Reject State Permitting Authorities' BACT Determinations Under the CAA's Prevention of Significant Deterioration Program: <i>Alaska Department of Environmental Conservation v. EPA</i>

In Alaska Department of Environmental Conservation (ADEC) v. U.S. Environmental Protection Agency, the U.S. Supreme Court narrowly upheld orders issued by the U.S. Environmental Protection Agency (EPA) pursuant to §§113(a)(5) and 167 of the Clean Air Act (CAA or Act), prohibiting construction of a new power generator unit at a mine in Northwest Alaska.