Some Thoughts on the Merits of Pragmatism as a Guide to Environmental Protection

Pragmatism, a philosophical movement that had considerable influence in the United States in the early twentieth century, has recently undergone an intellectual revival. In the 1980s, its precepts were applied to legal analysis and commentary by a diverse group of scholars who refer to themselves as “legal pragmatists.” Moreover, a number of philosophers and legal scholars have attempted to apply pragmatic thought to ethical aspects of protecting the non-human natural world. This Article surveys and evaluates selected aspects of that varied, provocative body of scholarship. After summarizing the fundamental principles espoused by pragmatic thinkers, the Article focuses on the writings of two neo-pragmatic scholars, Keith Hirokawa and Daniel Farber, whose works provide useful illustrations of pragmatic approaches to environmental laws and policies. It also assays the overall benefits and shortcomings of pragmatic analysis, both as a tool for environmental policymaking and as an aid to advocates of needed improvements in environmental laws

New Loopholes or Minor Adjustments? A Summary and Evaluation of the Small Business Liability Relief and Brownfields Revitalization Act

This article is both a summary and an evaluation of these recent Comprehensive Environmental Response, Compensation and Liability Act ( CERCLA ) amendments. It will begin by recounting the key modifications to the Superfund Act\u27s liability provisions, which have been affected by the Small Business Liability Relief and Brownfields Revitalization Act. It will then treat the statute\u27s new funding mechanisms for revitalizing brownfield areas. Finally, it will assay the merits of the Act as an alteration of the longstanding liability precepts of CERCLA and as a financing measure for extending the scope of brownfields redevelopment