... It took another series of dam breaks and close-calls for meaningful implementation of the Act... more ... It took another series of dam breaks and close-calls for meaningful implementation of the Act to result. Ac-cordingly, this article sets forth a number of critical measures which are essential to a viable dam safety program. Using ...
Book Review: S. Lerner, Diamond: A Struggle for Justice in Louisiana's Chemical Corridor
Criminal Justice Review, 2007
The Liability Consequences of Dam Failures
Hydro Review, 2003
Are Federal Facilities Subject to State Penalties for Violations of Environmental Laws
Act of God? Or Act of Man?: A Reappraisal of the Act of God Defense in Tort Law
Social Science Research Network, Nov 4, 2005
Hurricane Kartrina and similar natural disasters raise significant legal issues. Potentially liab... more Hurricane Kartrina and similar natural disasters raise significant legal issues. Potentially liable parties quickly invoke the common law Act of God doctrine as a limitation on liability. However, the defense is severely restricted in its application. For example, the common law held it was inapplicable when an Act of God coalesced with an Act of Man, in other words human negligence, to cause injury. This article analyzes the traditional Act of God defense while positing that most large scale natural disasters entail human errors, such as in design, construction, operations, maintenance, inspection, regulation, or preparation or response to an emergency. The legal result is the same whether the Act of God is viewed as a defense, duty issue, or intervening causation issue. Two follow up articles, in a trilogy dealing with the legal issues involved with natural risks and societal responses to emergencies, are The Duty to Disclose Gelologic Hazards in Real Estate Transactions, 1 Chapman Law Review 13 (1998) and Emergency Action Plans: A Legal and Practical Blueprint Failing to Plan is Planning to Fail, 63 U. Pitt. Law Review 791 (2002).
Criminal Enforcement of Environmental and Health and Safety Laws
Potential Changes in Dam Owner Liability Must Be Considered Before Modifications are Made
Wisconsin Public Intervenor v. Mortier: To what extent may local government regulate the application of pesticides?
Preview of the United States Supreme Court Cases, 1991
Essays on "Federal Tort Liability," "Nuisance," and "Tennessee v. Garner" for the Ready Reference: American Justice
Emergency Action Plans: A Legal and Practical Blueprint "Failing to Plan is Planning to Fail
University of Pittsburgh Law Review, 2002
... 8 In general, see KEVIN M. QUINLEY AND DONALD L. SCHMIDT, BUSINESS AT RISK: HOW TO ASSESS, MI... more ... 8 In general, see KEVIN M. QUINLEY AND DONALD L. SCHMIDT, BUSINESS AT RISK: HOW TO ASSESS, MITIGATE, AND RESPOND TO TERRORIST THREATS (The National Underwriter Company 2002) (hereinafter referred to as “Business at Risk”). ...
Abstract The world’s attention was riveted on Savar, Bangladesh on April 24, 2013 when the eight-... more Abstract The world’s attention was riveted on Savar, Bangladesh on April 24, 2013 when the eight-story Rana Plaza collapsed, killing 1136 and injuring over 2000. Almost all the victims were textile workers. The causes of the collapse were the addition of an unpermitted, poorly engineered four stories coupled with substandard building materials. The building’s owner and factory operators ignored an engineer’s warning of dangerous cracks in the structure the day before the collapse. Instead, workers were ordered back into the building. The aftermath witnessed the arrests of 42 individuals, including the owner of the building, five factory owners, and a dozen national and local officials, including Savar’s mayor. 1 The Bangladesh arrests of those responsible for the Rana Plaza tragedy raise the legal issue of criminal prosecutions in disasters and tragedies arising from both natural and human causes. I noticed in the aftermath of the Rana Plaza collapse an increasing application of criminal law in these incidents, giving rise to several theses: 1) A substantial increase globally in criminal prosecutions in non-terrorist disasters and tragedies in the New Millennium; 2) A high percent of the incidents are in Asia and the Pacific Islands; 3) Several cases include the prosecution of government officials and employees for corruption and other derelictions of duty 2 ; and 4) The surge in prosecutions may be prompted by the ubiquity of smart phones, tablets, and social media. A plausible hypothesis is the increase in hand held digital cameras and cell phones coupled with the advent of social media to globally disseminate incidents, disasters, and tragedies. The New Millennium ushered in smart phones, Google, and the Internet. Popular knowledge and reaction to tragedies prompts a call for action, resulting in prosecutors taking action. 3 This paper presents an analysis of the results of the study. It lays out the need for criminal prosecutions, followed by the methodology. It summarizes the findings, and discusses a few situations which stand out. It also looks at the special case of South Korea, which has been most proactive in responding to incidents, not only with criminal prosecutions, but also with changes in government and society. The full 56-page list at denisbinder.com contains thumbnail sketches of each incident. 4
Index of Environmental Justice Cases
Social Science Research Network, May 28, 2021
Wrongful Discharge of Environmental Whistle-Blowers
City of Chicago v. Environmental Defense Fund, Inc.: What did Congress Mean? Does Federal Law Regulate Incinerator Ash as Hazardous Waste?
Preview of the United States Supreme Court Cases, 1994
An Introduction to the Causation Issue in Toxic Torts Litigation
Strip mining, the West, and the Nation. [Detailed examination of State and Federal laws]
With the anticipated development of western coal lands, much attention has been directed at the e... more With the anticipated development of western coal lands, much attention has been directed at the existing patterns of strip mining regulation. Focusing upon the particular problem of reclamation, Professor Binder analyzes the sufficiency of applicable state and federal regulations. It is the author's thesis that federal regulation of strip mining, applicable to all coal lands, is needed for adequate regulation.
Book Review: Diamond: A Struggle for Environmental Justice in Louisiana’s Chemical Corridor
Criminal Justice Review, Mar 1, 2007
Lujan v. Defenders of Wildlife: Does the Endangered Species Act apply to activities in foreign countries? Who has standing to argue that it does?
Cleaning Up Hazardous Waste: Can a Private Landowner Recover the Costs of Cleaning Up Leaking Underground Storage Tanks Under Federal Environmental Protection Law?
Endangered Species Act: Must Private Landowners Protect the Critical Habitat of Endangered Species?
... LAW Denis Binder is professor of law at the Western New England College School of Law, 1215Wi... more ... LAW Denis Binder is professor of law at the Western New England College School of Law, 1215Wilbraham Road, Springfield, MA 01119; (413) 782-1450. at a ... sue, hunt, shoot, wound, kill, trap, capture, or collect, or attempt to engage in any such conduct." 16 USC § 1532(19). ...
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