This article examines economic and legal constraints that determine whose losses are included in natural resource damages as a result of an oil spill or hazardous-substance release. For example, the article describes the circumstances under which use losses experienced by young children would...

In the past two decades, the U.S. Congress has passed several major environmental statutes that designate natural resource management agencies as trustees of the resources on behalf of the public and that allow the trustees to recover damages for injuries to public resources from releases of...

Valuing the environment is an extremely difficult and contentious issue. Courts have struggled with this issue in determining natural resource damages (NRD) under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) and the Oil Pollution Act of 1990 (OPA)....

Few issues are more contentious for local communities than industrial pollution. When local industries pollute, lawmakers and regulators must balance two primary concerns: economic prosperity and the environment. The role of political pressure is well-documented in environmental policy. What is...

Given the high levels of greenhouse gases already in the atmosphere and the likelihood of growing emissions in the future, even aggressive limits on greenhouse gas emissions might ultimately fail to prevent dangerous climate disruptions. To prepare for this risk, some scientists have started to...

This paper documents the evolution of the Australasian Environmental Law Enforcement and Regulators neTwork (AELERT), through several phases, focussing on both the accomplishments and challenges encountered along the way. Commencing as a national network with five Australian foundation member...

This article suggests that were federal environmental regulators to view themselves as human rights decisionmakers, we might well see a new kind of regulatory decisionmaking emerge — one not only more responsive and transparent, but also more likely to enjoy the trust of the American public....

The Gulf oil spill was the worst environmental disaster in U.S. history, and will be the most significant criminal case ever prosecuted under U.S. environmental laws. The Justice Department is likely to prosecute BP, Transocean, and Halliburton for criminal violations of the Clean Water Act and...

Environmental Impact Assessment (EIA) is an instrument of environmental governance that ensures that the environmental implications of decisions are taken into account before the decisions are made. As such, environmental impact assessment constitutes the legal response to risk management needs...