Legal Theory Library

Twenty Legal Doctrines Across Six Collections

Browse introductory articles explaining foundational legal doctrines and their relevance to environmental disputes. Each article traces the doctrine's history, legal framework, environmental applications, and critical perspectives, with links to actual cases from the collection.

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Water Rights and the Public Trust

Water law in the western United States developed around the doctrine of prior appropriation — 'first in time, first in right' — which prioritised consumptive use over instream flows. These cases trace the tension between prior appropriation and the public trust doctrine, and examine the constitutional right of access to water in South Africa.

Articles in this collection are currently in editorial review. They will appear here once their content has been verified and approved.

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Land Use and Regulatory Takings

When does a government regulation that restricts property use go 'too far' and require compensation? These cases trace the development of regulatory takings doctrine from the foundational zoning case of Euclid through the ad hoc balancing of Penn Central, the categorical rule of Lucas, and the application of 'background principles' in Palazzolo and Good.

Articles in this collection are currently in editorial review. They will appear here once their content has been verified and approved.

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Biodiversity and Environmental Assessment

The National Environmental Policy Act and the Endangered Species Act provide two of the strongest legal frameworks for protecting ecosystems. These cases examine the requirements for environmental impact assessment of connected and cumulative actions, the scope of endangered species protection including habitat modification, and the mandatory nature of ESA obligations.

Articles in this collection are currently in editorial review. They will appear here once their content has been verified and approved.

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Pollution Regulation and Hazardous Substances

Modern environmental law is built on statutory frameworks — the Clean Water Act, CERCLA, FIFRA, and the Clean Air Act — that empower agencies to regulate pollution through technology-based standards, impose liability for hazardous waste, and set air quality standards. These cases examine the scope of agency discretion, the breadth of hazardous waste liability, and the preemption of state law.

Articles in this collection are currently in editorial review. They will appear here once their content has been verified and approved.

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International Environmental Trade and Climate Law

Environmental protection intersects with international trade law through the WTO's GATT exceptions and with climate law through the application of existing statutes to greenhouse gases. These cases examine the balance between free trade and environmental regulation, state standing to challenge agency inaction on climate, and the legal framework for regulating greenhouse gas emissions.

Articles in this collection are currently in editorial review. They will appear here once their content has been verified and approved.