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When the Law Is Silent, Trespassers W . . . : Law and Power in Implied Property Rights

In the magical world of Winnie the Pooh, Piglet lives in a house signposted “TRESPASSERS W.” The golden silence that follows the W allows Pooh and his friends to wonder about the sign’s meaning, which Piglet insists honors his grandfather, Trespassers William. Piglet’s grandfather aside, silence in the law allows competing interpretations to arise and flourish in the realms of rhetoric, narrative, power, and politics.

Business Environmentalism: Good Works and Greenwash

Products, processes, and whole companies are voluntarily going green today, leading the way to a whole new approach to protecting the environment. Company claims of green products, processes, and philosophy are merely so much greenwash, with little or no real substance. Both of these sharply contrasting views of business  environmentalism command passionate support today. Three questions about business environmentalism become apparent: Why is business environmentalism  important? Second, what are companies doing today and are they getting better environmental performance?

Regulating Greenhouse Gas Emissions From Existing Sources: Section 111(d) and State Equivalency

On December 9, 2011, the Nicholas Institute for Environmental Policy Solutions convened a broad range of stakeholders representing numerous viewpoints to explore  issues surrounding CAA §111(d), including options for states to demonstrate that existing GHG policies are equivalent to the §111(d) requirements. This Article builds upon the discussion during the December 9 workshop and considers some of the major challenges associated with categories of potentially “equivalent” state programs.

EPA and the Economy: Seeing Green?

Supporters of EPA note that the Agency is responsible for only 0.06% of the U.S. national debt and 0.26% of the federal government’s budget, and argue that cutting environmental spending could make our economy worse by increasing medical costs if the Agency lacks the resources to enforce laws that protect public health.  Opponents argue that the EPA regulatory process has exploded, creating so much red tape for businesses that they are unable to hire workers and stimulate our economy. On December 9, 2011, ELI convened a seminar to examine the effect of EPA on the economy and jobs.

West Virginia Highlands Conservancy, Inc. v. Huffman

The Fourth Circuit upheld an injunction requiring the West Virginia Department of Environmental Protection to obtain NPDES permits for reclamation efforts at abandoned coal mining sites. The text of the CWA, as well as corresponding EPA regulations, confirm that the permit requirements apply...

Jones v. United States

A district court held that North Carolina's general 10-year statute of repose does not bar a woman's lawsuit against the United States for injuries stemming from exposure to contaminated drinking water at a military base in North Carolina 20 years earlier. The North Carolina Legislature did not inte...

Exxon Mobil Corp. v. Ford

A Maryland appellate court held that under certain circumstances, Maryland law permits recovery for emotional distress related to reasonable fear of cancer. The case involved a jury verdict awarding compensatory damages totaling over $147 million to hundreds of plaintiffs who claimed that an oil...

Sánchez v. United States

The First Circuit upheld the dismissal of residents' Federal Tort Claims Act (FTCA) against the United States in connection with the Navy's alleged negligence in emitting certain pollutants during military exercises at a naval training facility on Vieques Island, Puerto Rico. The discretionary f...

United States v. Exxon Corp.

A district court denied an oil company's motion to enforce a 1991 consent decree entered into in response to the Exxon Valdez oil spill in Prince William Sound, Alaska. The decree expressly released the company from cleanup obligations following the decree's entry. But it also contained a "reopene...

Save the Peaks Coalition v. United States Forest Service

The Ninth Circuit held that the U.S. Forest Service did not violate NEPA when it allowed a ski resort operator to make artificial snow with reclaimed water. The lower court erred in holding that the suit was barred by laches. Although the plaintiffs lacked diligence in pursuing their claims, a l...