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The Enron Story and Environmental Policy

There are many aspects of the Enron saga that would give pause to someone who thinks about the environment and its problems. One of the most obvious is the concern that allowing unregulated trading of energy might not account for the costs of environmental externalities that are concurrent with energy production and usage.1 Another worry is that reducing the cost of energy may increase consumption and accelerate environmental degradation.

The Stakeholder Convergence: Enhanced Public Participation and Sustainable Business Practices

People's right to know about and participate in decisions that could affect their quality of life is increasingly recognized as a critical element of sustainable development.1 In this context, the environmental matters have been a "wedge issue," allowing advocates to open up government processes and make them more accountable.2 Natural resources and the environment play a fundamental role in ensuring a safe, healthy, and productive life, thus people are more likely to demand opportunities to be involved in decisions that affect these natur

Environmental Labeling and Certification Schemes: A Modern Way to Green the World or GATT/WTO-Illegal Trade Barrier?

The debate between free traders and environmentalists has increasingly been drawing global attention throughout the last decade. It centers, generally speaking, around the question of how best to resolve the often conflicting goals of international trade liberalization on the one hand, and an increasing need for global environmental protection on the other. Measures to protect the environment often affect trade between different states, while at the same time trade measures might affect environmental conditions.

Improving State Environmental Enforcement Performance Through Enhanced Government Accountability and Other Strategies

Modern federal environmental law has a built-in dynamic of tension that since its inception has led to challenging relations between the U.S. Environmental Protection Agency (EPA) and the states. On the one hand, the U.S. Congress enacted numerous environmental statutes in the early 1970s because of widespread dissatisfaction with state efforts to protect the environment. Congress made EPA ultimately accountable for achieving the mandates of federal law.

When Aliens Invade: Regulating the Release of Exotic Species Through the "Takings Clause" of the Endangered Species Act

In May 2002, biologists made a surprising discovery—snakehead fish had proliferated in a small pond in Crofton, Maryland.1 Snakeheads are a native fish of China and Korea, capable of tolerating extreme environmental conditions.2 They are also fierce predators with the ability to disrupt native ecosystems through predation and competition.3 Immediately, concern arose over the presence of the snakeheads in Maryland due to their non-native status and highly invasive tendencies.

Regulatory Takings After Brown

This Article attempts to unpack the meaning and significance of the recent decision in Brown v. Legal Foundation of Washington,1 in which the U.S. Supreme Court rejected a takings challenge to Washington State's Interest on Lawyers' Trust Accounts (IOLTA) program.

Weakening NEPA: How the Bush Administration Uses the Judicial System to Weaken Environmental Protections

The Defenders of Wildlife Judicial Accountability Project—undertaken with the assistance of the Vermont Law School Clinic for Environmental Law and Policy—seeks to fill a data void on the environmental record of the current Bush Administration by analyzing all reported environmental cases in which the Administration has presented legal arguments regarding an existing environmental law, regulation, or policy before federal judges, magistrates, or administrative tribunals.

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 than 1,000 scientists around the globe, surveyed the present state of the world's environment and offered provocative policy recommendations for addressing the regional and global environmental problems facing humankind over the next 30 years.