Volume
27, Issue 4
Winter 1997
ARTICLES
Territoriality,
Risk Perception, and Counterproductive Legal Structures: The Case of Waste
Facility Siting
Michael
B. Gerrard
The placement of hazardous and nuclear waste
facilities is an exercises fraught with difficulties. Local communities and
states often object vehemently to any proposal that would place a new facility
within their borders. In his Article, Mr. Gerrard postulates that one of the
primary reasons for this difficulty is the failure of hazardous waste law to
take into account the fundamental instinct of territoriality.
Forsaking
the Rule of Law: The 1995 Logging Without Laws Rider and Its Legacy
Patti
A. Goldman & Kristen L. Boyles
Ms. Goldman and Ms. Boyles, public interest
environmental lawyers, discuss and analyze the litigation that occurred over
the 1995 Logging Without Laws Rider. The Authors assert that abandoning the
rule of law left federal agencies unfettered and unaccountable to the public,
federal courts unwilling and unable to exert control, and the environment
unprotected.
SYMPOSIUM ON POPULATION LAW
Allowing
Fertility Decline: 200 Years After Malthus's Essay on Population
Virginia
Deane Abernathy
Population
Control and Sustainability: It's the Same Old Song but With a Different Meaning
Paula
Abrams
The
Environment, Population, and Women's Human Rights
Reed
Boland
Religious
Responses to the Population Sustainability Problematic: Implications for Law
Harold
Coward
The
Population Explosion: Why We Should Care and What We Should Do About It
Paul
R. Ehrlich & Anne H. Ehrlich
Environmental
Malthusianism: Integrating Population and Environmental Policy
Robert
M. Hardaway
Sustainable
Consumption and the Law
James
Salzman
Feeling
Grounded: A Gendered View of Population Control
Elizabeth
Spahn
COMMENTS
Political
Influences on USFWS Listing Decisions Under the ESA: Time to Rethink Priorities
Ivan
J. Lieben
In his Comment, Mr. Lieben examines how political
and economic pressures have modified USFWS listing decisions under the ESA, in
direct contradiction to the the statute's plain language. Mr. Lieben recommends
modifications to USFWS listing regulations, which would reduce the likelihood
of the Service considering political factors in future decisions and place more
emphasis on the ecosystem significance of a candidate species.
Successor
Liability and CERCLA: The Runaway Doctrine of Continuity of Enterprise
Christopher
J. Neumann
Mr. Neumann discusses the doctrine of successor
liability and the corresponding continuity of enterprise exception in the
context of CERCLA liability. Mr. Neumann criticizes the extensive use of the
continuity of enterprise exception and argues that only the traditional
successor liability doctrine should apply in CERCLA cases.