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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...

Land Use Regulation in Houston Contradicts the City's Free Market Reputation

Throughout the 20th century, government agencies increasingly regulated the use of private land in the United States. In particular, zoning spread across the country as the principal regulatory tool for land use control. Although many...

Where Do We Fit In? U.S. Information Disclosure and Hazardous Waste Remediation Laws as Compared With the Policy Suggestions of the U.N. Environment Program

In May 2002, the United Nations Environment Program (UNEP) issued its long-awaited, authoritative report, Global Environmental Outlook 3 (GEO-3).1 This 446-page document, which reflects the work of more...

Water Scarcity and Its Impact on Water Rights: A Real Concern for Multinational Companies?

Water is vital to most things in life. Business operations are no exception to this rule. Companies across all industrial sectors, from consumer products to energy production to agriculture to high technology, use large quantities of...

Of Nominal Value: The Impact of Tahoe-Sierra on Lucas and the Fundamental Right to Use Private Property

In the 1992 case of Lucas v. South Carolina Coastal Council,1 the U.S. Supreme Court held that "when the owner of real property has been called upon to sacrifice all economically beneficial uses in the...

RECLAIM: Southern California's Failed Experiment With Air Pollution Trading

The bottom line is that capitalism may now be getting its ultimate test. For the smog market, more than any other system, will reveal whether financial incentives can prod major corporations into simultaneously acting for the public...

A Turning of the Tide: The Tahoe Regulatory Takings Decision

On April 23, 2002, in Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency,1 the U.S. Supreme Court rejected a regulatory taking claim based on a nearly three-year moratorium on...

Federal-State Decisionmaking on Water: Applying Lessons Learned

Water policy in the United States has been significantly influenced in recent years by a number of high-profile environmental and water use conflicts, including disputes relating to California's Bay Delta, Florida's Everglades, the...

Great Lakes Water Exports and Diversions: Annex 2001 and the Looming Environmental Battle

On June 18, 2001, all eight governors of the Great Lakes states and the premiers of the two Canadian provinces bordering the Great Lakes basin gathered at the impressive Prospect Point in Niagara Falls to sign a sweeping joint...

Oregon's Growth Boundaries: Myth and Reality

Introduction: The Portland Miracle

The most stringent1 anti-sprawl measure adopted by any American state is Oregon's urban growth boundary (UGB) program.2 A UGB is a line...