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Losing Ground: A Nation on Edge

America builds on the edge of disaster prone areas: on moveable barrier islands, fragile coastal ecosystems, shorelines subject to inundation, and next to flammable forests. Ferocious storm events focus attention during the tragic moment and as short-term recovery efforts proceed; too often, we then return to business as usual, continuing to build and rebuild on the edge. This series of Articles draws from our book Losing Ground: A Nation on Edge. The volume collects papers from a variety of disciplines: law, history, geography, environmental science, and urban planning.

Learning From Disasters: The Synergy of Law and Geography

Editor's Summary: Historically, regulatory approaches to natural disaster mitigation have been created in the aftermath of specific disasters. For instance, the world's first city building code was created in the wake of the Great Fire of London, and the U.S. Congress enacted flood control rules for the Lower Mississippi after the Great Mississippi River Flood of 1927. In this Article, Rutherford H. Platt discusses how natural disasters have informed society's understanding of natural resource management and land use planning over the last several centuries.

Sustainability at the Edge: The Opportunity and Responsibility of Local Governments to Most Effectively Plan for Natural Disaster Mitigation

Editors' Summary: The traditional link between disaster mitigation and local land use planning was highlighted by the Disaster Mitigation Act (DMA) of 2000, which emphasizes the need for mitigation coordination among state and local entities. In this Article, Patricia E. Salkin looks at the role of local governments in natural disaster mitigation, specifically, how local governments may use traditional land use powers, such as the police power, to protect against disasters.

Increasing Resilience to Natural Hazards: Obstacles and Opportunities for Local Governments Under the Disaster Mitigation Act of 2000

Editors' Summary: The term natural disaster is a misnomer. As Anna K. Schwab and David J. Brower note in this Article, disasters do not occur naturally, they occur only where humans have placed themselves in the way of natural hazard events. Therefore, decisions about the way human environments are initially constructed can mitigate the effects of natural hazard events. They distinguish between resistance and resilience, explaining that attempts to resist forces of nature by trying to contain or control nature itself have largely been unsuccessful.

Regulating Risks of Nanotechnologies for Water Treatment

Editors' Summary: Commercialization of nanotechnologies for water treatment prior to careful study of their potential risks may put human health and our limited freshwater resources at risk. In this Article, Reut Snir explores the risks surrounding regulating nanotechnologies for water treatment. She analyzes the gaps in the current legislative and regulatory framework managing nano-based applications for water treatment, focusing specifically on EPA's tools for collecting environmental health and safety information.

The Limits of Statutory Law and the Wisdom of Common Law

Editors' Summary: Although federal environmental statutes may largely have been created to address limitations in the common law, common law still retains some advantages over statutory law for plaintiffs seeking redress in the face of risk or uncertain harms. In this Article, Michael D. Axline explains some of the shortcomings of statutory law.

The Risks and Rewards of Resident Curatorships

Editors' Summary: A growing number of states are creating resident curatorship programs to preserve historic buildings located on public land. Under these programs, state park services lease surplus buildings to individuals and corporations who agree to restore or rehabilitate them at their own expense in exchange for a rent-free life tenancy or long-term lease. In this Article, Adam Wolkoff analyzes resident curatorship programs in Delaware, Maryland, and Massachusetts to provide guidance for other states considering this approach.

Moving a Mountain: The Struggle for Environmental Justice in Southeast Los Angeles

Editor's Summary: Environmental protection frequently requires creative legal strategies, and operating solely through the court system is not always the most effective means for protecting the environment and public health. In this Article, Richard T. Drury offers a case study of a public nuisance suit against a concrete-crushing facility in southeastern Los Angeles County. The facility, which was causing pollution and health concerns for the surrounding Latino low-income community, was challenged through an administrative public nuisance complaint to the city council.

Recent Clean Air Act Developments--2007

Editor's Summary: Last year saw many exciting developments in CAA law and policy, including implications and fallout from the U.S. Supreme Court decision in Massachusetts v. EPA. In this Article, Ari G. Altman and Jessica M. Lewis look at a number of cases involving carbon dioxide emissions from both mobile and stationary sources. They address the momentum toward passing climate change legislation in Congress and moving to implement cap-andtrade systems at the regional level, as well as several potential options for regulating greenhouse gases under the existing CAA.

Further Developments in the D.C. Circuit's Article III Standing Analysis: Are Environmental Cases Safe From the Court's Deepening Skepticism of Increased-Risk-of-Harm Claims?

Editor's Summary: Following the issuance of two significant decisions in 2006 addressing whether claims of "probabilistic" injury are cognizable for Article III standing purposes, the U.S. Court of Appeals for the District of Columbia (D.C.) Circuit has continued to develop its jurisprudence on this important constitutional question. In this Article, Cassandra Sturkie and Suzanne Logan examine how the D.C. Circuit has analyzed these "increased-risk-of-harm" claims in four cases decided between November 2006 and January 2008.