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Judicial Review and Environmental Analysis Under NEPA: "Timing Is Everything"

The timing of environmental analysis and judicial review presents critical issues of interpretation under the National Environmental Policy Act (NEPA). Courts must be able to review an agency's compliance with NEPA before the agency makes major decisions, and before it invests significant resources that can compromise environmental review. Agencies must not be allowed to delay environmental review just because necessary data and research are difficult to obtain, or environmental impacts are uncertain. This Article discusses how the courts have handled these timing problems.

3M and the Withdrawal of PFOS: TSCA, Product Liability, and the Precautionary Principle

On May 16, 2000, Minnesota Mining and Manufacturing (3M) Company announced its intention to voluntarily phase out its perfluorooctane sulfonate (PFOS)-based line of products from the global chemical market.1 This announcement surprised many in the industry, as 3M had manufactured PFOS-based products such as Scotchgard TM for nearly 40 years.2 In its press release, 3M executives indicated their decision was based on their pursuit of responsible environmental management.3 However, while the scientific information av

Does Emissions Trading Encourage Innovation?

Proponents of "economic incentives" frequently state that emissions trading promotes technological innovation.1 Emissions trading programs authorize polluters to meet pollution reduction obligations by purchasing extra reductions from polluters reducing their emissions below applicable limits. This Article examines the claim that this trading of compliance obligations fosters innovation.

Wildlife Law: A Coming of Age

For years, individual law professors have offered courses in wildlife law. Many of the courses have centered on the Endangered Species Act (ESA) or on the preservation of biological diversity. Others have considered the subject more broadly, attending to issues of the allocation of power within the federal system, to wildlife-related problems on federal lands, or to issues arising under state game laws.

Integrating Sustainable Development into U.S. Law and Business

Few if any U.S. environmental laws explicitly consider sustainable development as their goal or objective. At most, a few U.S. laws may be said to be partial or imperfect reflections of sustainable development theory and to incorporate portions of the concept of sustainable development. Nonetheless, recent quantitative indicators on a cross-national basis suggest that U.S. law and policy has been reasonably effective at promoting sustainable development.

Treaties in Collision: The Biosafety Protocol and the World Trade Organization Agreements

On January 29, 2000, over 130 countries adopted the Cartagena Protocol on Biosafety to the Convention on Biological Diversity (Biosafety Protocol or Protocol).1 The Protocol establishes international procedures applicable to the transboundary movement of bioengineered living organisms (referred to in the Protocol as living modified organisms (LMOs)). The adoption of the Protocol marked the close of over four years of intensive, contentious, and often emotional negotiations regarding the multibillion-dollar trade in bioengineered organisms.