BOSTON COLLEGE
Environmental Affairs

Student
Publications

Volume 27 2000 Number 3

[Pages 341-390]
CRIMINAL PENALTIES FOR CREATING A TOXIC ENVIRONMENT: MENS REA, ENVIRONMENTAL CRIMINAL LIABILITY STANDARDS, AND THE NEUROTOXICITY HYPOTHESIS
Colin Crawford*

Recent research in brain biochemistry examining the likely neurological effects of exposure to toxic contaminants continues to demand legal consideration. In this Article, Professor Crawford evaluates the possible consequences of recent neurobiological studies—labeled “The Neurotoxicity Hypothesis” by researchers—for lawyers and the legal system. After summarizing the research, Professor Crawford suggests that as this (or similar) neurobiological research gains increased scientific acceptance, it will be necessary to reduce dramatically the acceptable levels of these toxic elements that can be discharged into the environment. He then examines the implications of such a result for establishing criminal liability under federal environmental statutes, focusing on the criminal liability provisions of the Federal Water Pollution Control Act.

[Pages 391-424]
HORMONE REPLACEMENT THERAPY, OR JUST EAT MORE MEAT: THE TECHNOLOGICAL HARE VS. THE REGULATORY TORTOISE
Leticia M. Diaz*

We are a society advancing towards undetermined levels of technological sophistication. As we enter the new millennium, we bring a wealth of highly advanced biotechnology, allowing the synthesis of chemicals and hormones which are designed to kill or alter living organisms. Unfortunately, we as humans fall into the definition of “living organisms.”

[Pages 425-466]
THE "WHOLLY SEPARATE" TRUTH: DID THE YELLOWSTONE WOLF REINTRODUCTION VIOLATE SECTION 10(J) OF THE ENDANGERED SPECIES ACT?
Elizabeth Cowan Brown*

The gray wolf has been listed as an endangered species since 1973. In 1995, the Department of the Interior and the United States Fish and Wildlife Service implemented the Northern Rocky Mountain Gray Wolf Recovery Plan (Recovery Plan), which was designed to bolster the endangered wolf population. Under the Recovery Plan, and pursuant to section 10(j) of the Endangered Species Act, Canadian gray wolves were captured and released into Yellowstone National Park and central Idaho. The Recovery Plan has since been the subject of intense litigation by ranching groups over the last several years. The major allegation of the farm bureau federations is that the Recovery Plan, as implemented, violated section 10(j), and these organizations want the reintroduced wolves removed. On January 13, 2000, the Tenth Circuit Court of Appeals delivered a major blow to the farm bureau federations involved in the litigation by holding that the Recovery Plan was conducted in full compliance with section 10(j). The court ordered that the reintroduced wolves be allowed to stay in the recovery areas. The danger, however, to this and other reintroduction programs is not over. This Comment explores the legality of the Recovery Plan, ultimately endorsing a flexible reading of section 10(j) as it applies to the Yellowstone wolves, and offering such flexibility as a means of promoting future wildlife reintroduction programs.

[Pages 467-518]
THE MILITARY MUNITIONS RULE AND ENVIRONMENTAL REGULATION OF MUNITIONS
Joshua E. Latham*

In the current post-Cold War era, when the need for combat readiness no longer seems necessary, the training activities of the United States military have come under fire. Military training sites across the nation are littered with spent munitions and unexploded ordnance, the result of decades of weapons development and training exercises. The problem is that these military munitions contain materials and chemicals which are potentially hazardous to the environment, and their destruction and cleanup pose special environmental and safety concerns. Congress has tried to strike a balance between the United States military’s need for continued training and the Environmental Protection Agency’s (EPA) desire to have the military clean up its hazardous waste sites. To do this, Congress enacted the Military Munitions Rule (Munitions Rule), which, if administered properly, is designed to effectively accomplish the goals of both the military and the EPA. However, the Munitions Rule is already the subject of litigation and controversy, leading some to question its actual effectiveness.

[Pages 519-566]
APPLYING THE BASIC PRINCIPLES OF COGNITIVE SCIENCE TO THE STANDARD STATE ZONING ENABLING ACT
Michael J. McCormack*

Cognitive Science studies cognition by examining problem-solving, establishing general conceptual tools and guidelines by which novices may become experts. Available to problem-solvers of all disciplines, including legislators, these tools offer a means for evaluating legislation. For example, by using these tools to assess the problem-solving effort in Euclidean zoning as embodied in the Standard State Zoning Enabling Act, it becomes clear that this Act could be improved in several ways: first, by shifting more of the decision-making power to those with the most experience; and, second, by mitigating the electoral and judicial constraints upon these decision-makers. These steps will ensure that Euclidean zoning, as a problem-solving process with distinct phases, represents an effective problem-solving effort.