Editors' Summary: This Article examines whether evidence of environmental contamination should be admitted in eminent domain valuation proceedings. The minority view holds that the evidence is inadmissible and that the condemnee should receive the full value of the property as if clean or remediated. The majority view allows the evidence to be admitted, and bases the property's value either upon its fair market value as contaminated or upon its value as remediated less the remediation costs.

Editors' Summary: On December 14, 2004, the U.S. District Court for the Northern District of Georgia ruled that a series of EPA policy memoranda aimed at addressing excess emissions that occur during startup, shutdown, and/or malfunction (SSM) superceded part of Georgia's EPA-approved SIP that allowed, under certain conditions, excess emissions that occur during SSM conditions. The authors argue that this case is notable for two reasons. First, more than one-half of the air regulatory agencies in the country have SIPs that include a provision similar to the Georgia SSM condition.

Editors' Summary: Beginning with Agins v. City of Tiburon and continuing for 25 years, the U.S. Supreme Court has held that regulation effects a taking when it does not substantially advance legitimate state interests. Throughout this period, many have criticized this standard as "a return to Lochner," opposed to the extreme deference accorded economic and property regulation since the New Deal. According to this author, however, a careful review of cases reveals that the "substantial advancement" doctrine is not simply a means-ends review of the efficacy of economic legislation.

Editors' Summary: A number of communities across our country host DOE nuclear weapons production facilities. This Article argues that although DOE has known about contamination caused by these facilities for decades, the federal government has not sufficiently addressed these communities' health concerns. It uses the Fernald community in Ohio, the only community to succeed in holding DOE accountable for these actions, as a case study to argue that the U.S. Congress should establish community medical monitoring programs at DOE nuclear weapons sites.

Editors' Summary: This index has been updated to include environmental justice case law since 1999. Following a brief narrative describing the expansion in scope of environmental justice claims, the author categorizes the case law as follows: Part I, Types of Disputes, describes the types of grievances that form the basis of these claims, such as the siting of facilities or housing in environmentally hazardous areas. Part II, Causes of Action, lists the federal statutes and constitutional amendments under which the claims arise.

Editors' Summary: Administrative orders are one of the most potent enforcement mechanisms that EPA has at its disposal. Yet the vast majority of courts, under a variety of federal environmental statutes, has held that there is no preenforcement judicial review of such orders.

Editor's Summary: This Article describes the current state of the U.S. Securities and Exchange Commission's financial reporting requirements of corporate environmental liabilities and risks. The difficulty in quantifying these liabilities to meet the "materiality" standard under the Sarbanes-Oxley Act has led to a proposal by the American Society of Testing and Materials (ASTM) to cumulatively assess the financial impact of a company's environmental liabilities.

Editor's Summary: Most people agree that unjustified cruelty to animals should be avoided. Consequently, all 50 states and the District of Columbia have laws prohibiting such abuse. Yet when the owner of an animal is suspected of engaging in abuse or neglect, the animal is usually seized or impounded by the state or local authority. This often results in the animal being left in a shelter for a long period of time while the state prepares its case. The authors argue that extended shelter stays are not only unnecessary, but they do not serve in the animal's or the owner's best interest.

Editor's Summary: California's Proposition 65 is by now a well-known regulatory tool for warning consumers about the potentially toxic components of products they consume or to which they are exposed. Rechtschaffen and Williams argue that while Proposition 65 has been subject to some abuses, it has also brought about important reductions in exposures to toxic substances. To make their point, they examine product reformulations caused by enforcement of Proposition 65's warning requirements over the past five years.

Editors' Summary: Information is a key factor in shaping and regulating environmental behavior from various perspectives: that of a stockholder looking into the sound nature of an investment, of a consumer choosing a product, or of a government official determining compliance with law. The authors of this Article set out to identify and collate what they thought would be a significant amount of environmental compliance information available on the Internet that could serve these purposes.