Editors' Summary: Environmental litigation is witnessing an increasing number of claims for "stigma" damages, which arise when the value of real property decreases due to a public perception that the property is contaminated or threatened with contamination. In the past, courts generally eschewed awarding such damages in the absence of other actionable harm. Recent decisions, however, reveal that courts have begun to recognize stigma damages in new contexts.

The 104th Congress opened with great attention to the Republican "Contract With America" (the Contract), which the House leadership promised would pass the House of Representatives within the first 100 days. The Contract was first fleshed-out on January 4, 1995, when 10 bills were introduced.¹ After a flurry of legislative activity, rushed hearings, and abbreviated floor debate, the House fulfilled its promise to act on all 10 bills, finishing more than one week ahead of schedule.²

Editors' Summary: As environmental laws throughout the world impose stricter requirements on corporations, international organizations are increasingly emphasizing the importance of corporate environmental auditing programs. This Article examines the principal environmental auditing programs applicable to corporations doing business in Europe. First, it discusses the European Union's Eco-Management and Audit Scheme. Next, it discusses environmental management standards issued by the International Organization for Standardization and the British Standards Institute.

Editors' Summary: In United States v. Lopez, the U.S. Supreme Court for the first time in 62 years struck down a federal statute on grounds that it violated the Commerce Clause of the U.S. Constitution. The Gun-Free School Zones Act of 1990 was unconstitutional because it intruded into an area of traditional state concern and did not regulate a commercial activity, either directly or as part of a pervasive regulatory scheme. Although United States v.

Editors' Summary: In this first of a three-part series, the authors examine the history and general operation of the federal environmental crimes program. The authors first describe how an effective enforcement program emerged in the Justice Department and EPA despite various obstacles — including disagreements between and within the agencies about prosecutorial decisions — and how the program's history continues to influence decisions about what conduct EPA will investigate and what violations Justice will prosecute criminally.

The Republican takeover of Congress has triggered—and promises to continue triggering—a proliferation of suggestions from all political sectors for reforming our environmental regulatory system. So far, media attention has focused almost exclusively on generic proposals to require agencies to support new regulations with cost-benefit analysis and more "realistic" risk evaluation. Meanwhile, a completely different and equally broad-based approach has largely escaped notice.

Editors' Summary: As the increased use of automobiles in the United States has offset reductions in auto emissions, legislators and regulators have sought new ways to address air pollution from cars. As part of that search, they have devoted greater attention to the regulation of fuels. This Article analyzes the current federal fuels program and the regulatory and legislative developments that led up to it. The Article begins by discussing the regulation of fuel additives, which resulted in the elimination of lead from gasoline.

This Dialogue provides researchers with background on the environmental justice movement and an overview of the legal materials that address environmental justice. It summarizes federal and state statutory and case law that relates to environmental justice and lists legal periodicals, technical periodicals, popular periodicals, and books. It also provides the addresses and phone numbers of selected organizations that work in the environmental justice movement. It concludes with some notes explaining how to update the sources it reviews.

Editors' Summary: Tension regarding state and tribal sovereignty over issues affecting Native American reservations has been on the increase for decades. Among these issues, protection of the environment is one of the most prominent. This Article discusses the role and extent of tribal sovereignty over air quality decisionmaking and examines the tools available to Native American tribes to protect air quality on the reservation from sources both inside and outside reservation boundaries.

Editors' Summary: State and federal appellate courts are almost evenly split on the meaning of the pollution exclusion clause in standard comprehensive general liability insurance policies. The authors of this Article argue that — even in jurisdictions where appellate decisions favor insurers — policyholders can win environmental insurance coverage cases at trial. The Article begins by reviewing general legal principles of insurance coverage, the evolution of policy language applicable to environmental coverage claims, and the recent case law.