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Environmental Law and Policy/Governance

Republicans on the Environment

Editors' Summary: Environmental issues often involve collective choice about the kind of society we want. Choosing a President and a Congress on November 3 is one way we make that choice.

With that in mind, the...

The Changing Congress: Your Scorecard for the November Elections

As important as is the outcome of the presidential race this November, environmental lawyers, lobbyists, and advocates who watch Congress are keenly aware that the simultaneous congressional elections on November 3 are key to the nature...

Environmental Law Drafting in Central and Eastern Europe

Editors' Summary: Legal reforms are sweeping Central and Eastern Europe, including the drafting of new environmental laws. Advisors from western countries, including the United States, are trying to apply lessons learned during the...

The Inconsistent Implementation of the Environmental Laws of the European Community

Editors' Summary: The Treaty Establishing the European Economic Community (EEC Treaty) was intended to create a unified European market. The 1987 Single European Act, which amended the EEC Treaty, provided the legal framework to...

Federal Versus State Environmental Protection Standards: Can a National Policy Be Implemented Locally?

Keynote Presentation: Making the Partnership Work

Panel Discussion: Regulation of Nuclear Materials

Regulation of Air Quality

Regulation of Water Quality: Is EPA Meeting Its Oblilgations or Can the States Better...

The Persistent Problem of Standing in Environmental Law

The first panel at this conference discussed standing to invoke federal court review, and related doctrines that limit access to the courts. That a standing panel should begin the day's discussion of the relationship between...

Some Thoughts on the Constitution and the Environment

I. The Senate Filibuster

I think Richard Lazarus was right when he said that the biggest constitutional impediment to environmental law in the United States may be Article I, §5 of the U.S. Constitution, which provides that...

The Scope of Congressional Authority to Protect the Environment

Bruce Myers: I'm fortunate to be moderating a panel with three very distinguished experts. Bob Irvin is Senior Vice President for Conservation Programs with Defenders of Wildlife here in Washington, D.C. Bob leads Defenders'...

New and Emerging Constitutional Theories and the Future of Environmental Protection

I am honored to moderate and participate in today's panel, "New and Emerging Constitutional Theories and the Future of Environmental Protection." My charge is to introduce our esteemed panel speakers, and then to provide...

Owning Up to the Environment

It may seem paradoxical to suggest that property law can shape constitutional doctrine, let alone that it can do so in a pro-environmental direction. As every law student learns, constitutional law trumps "ordinary" law such...