Volume
25, Issue 1
Winter 1995
DEDICATION
Edmund O. Belsheim
James L. Huffman & Douglas K. Newell
ARTICLES
International Environmental Standards for Transnational Corporations
Robert Fowler
Professor Fowler explains the challenges inherent in applying environmental standards to transnational corporations, analyzes the various methods that could be used to regulate TNCs, and concludes by arguing for extraterratorial applications of disclosure statutes as a means of imposing stricter self-regulation.
The Political Implications of the Enforcement Provisions of the NAFTA Environmental Side Agreement: The CEC as a Model for Future Accords
Kal Raustiala
According to Professor Raustiala, a powerful and effective Commission for Environmental Cooperation (CEC) could use the enforcement provisions of NAFTA's environmental side agreement against the United States in a way that would reduce agency and technology-forcing statutes and lessen the substantive scope of environmental legislation.
Congress, the Courts, and Solid Waste Transport: Good Fences Don't Always Make Good Neighbors
Philip Weinberg
After summarizing current Supreme Court jurisprudence holding most state laws that regulate interstate transfer of garbage unconstitutional under the Dormant Commerce Clause, Professor Weinberg reviews current federal legislation that attempts to authorize states to pass such laws, but concludes that such state laws, even if authorized by the federal government, would violate the Equal Protection Clause.
The Self Critical Analysis Privilege and Environmental Audit Reports
Peter A. Gish
Mr. Gish reviews the self-critical analysis privilege, which precludes certain self-audits from being discovered or admitted in court and concludes that this privilege will probably not protect environmental self-audits.
Making Sense Out of Secondary Sources in Environmental Law: A Research Primer
Nancy Perkins Spyke
Professor Spyke provides an in-depth bibliography of secondary sources that are useful for environmental law research. She explains how to use each source, discusses its coverage, and outlines the benefits and drawbacks of different sources that cover the same ground.
COLLOQUIUM ON Dolan v. City of Tigard
Dolan v. City of Tigard: Introduction and Decision
Larry Watters
Mr. Watters introduces the colloquium by providing an in-depth summary of all states of Mrs. Dolan's Takings Clause claim against the City of Tigard.
Reading Dolan v. City of Tigard
William Funk
Professor Funk explains why the Court accepted the landowner's version of the Dolan story over the city's version and concludes that the case will not significantly affect land use planning.
Dolan v. City of Tigard: Another Step in the Right Direction
James L. Huffman
Dean Huffman argues that balancing tests are a disturbing trend in Supreme Court jurisprudence, especially in Takings Clause cases, but concludes that Dolan's dicta promise greater protection of property rights.
Substantive Due Process Resurrected Through the Takings Clause: Nollan, Dolan and Ehrlich
Edward Sullivan
Mr. Sullivan asserts that Dolan's proportionality test resurrects substantive due process through the Takings Clause and will result in courts imposing their own values over those of local governments.
Takings Law and Appellate Decision Making
Jay Plager
Circuit Judge Plager explains how the dynamics of appellate decision making prevents courts from creating a cohesive takings jurisprudence and then summarizes Takings Clause issues, indicating which are settled and which remain open.
The End of Environmental Law? Libertarian Property, Natural Law, and the Just Compensation Clause in the Federal Circuit
Michael C. Blumm
Professor Blumm argues that Florida Rock Industries and Loveladies Harbor, two recent cases from the Federal Circuit, represent a radical, libertarian view of property and are not supported by either Supreme Court opinions or the history of American property law.
The Takings Clause and the Future of Environmental and Land Use Regulation
Panel of Speakers Moderated by Larry Watters
NOTE
South Dakota v. Bourland: Another Supreme Court Move Away from Recognition of Tribal Sovereignty
Janis Searles
This recent case continues the Supreme Court's trend of eroding Indian sovereignty, but Ms. Searles suggests ways that the Army Corps of Engineers can protect tribal interests within its current statutory framework.
BOOK REVIEW
A New World Order in Environmetal Policy Making? A Review of The State and Social Power in Global Environmental Politics
Matthew Werner
Mr. Werner finds this new book to be an impressive treatment of complex issues and concludes that although it doesn't provide solutions to the problems it raises, it adds fuel to the fire of the public debate and should help spur successful solutions to global environmental problems.
CLEAR THE AIR
FRCP Rule 8 and Rule 11 Sanctions
Carl Tobias