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Royal C. Gardner, Book Review, Wetlands Explained: Wetlands Science, Policy and Politics in America, Journal of Experimental Marine Biology and Ecology 192 (2002)Clicking on the button will copy the full recommended citation.
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Royal C. Gardner, Corps’ New Regulatory Guidance Letter on Mitigation: Trick or Treat?, 24 Nat'l Wetlands Newsletter 3 (2002)Clicking on the button will copy the full recommended citation.
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Royal C. Gardner, Compensating for Wetland Losses under The Clean Water Act, National Research Council (The National Academies Press, 2001)Clicking on the button will copy the full recommended citation.
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Royal C. Gardner, Money for Nothing? The Rise of Wetland Fee Mitigation, 19 Virginia Envtl. L. Journal 1 (2000)Clicking on the button will copy the full recommended citation.
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Royal C. Gardner, Invoking Private Property Rights for Environmental Purposes: The Takings Implications of Government-Authorized Aerial Pesticide Spraying, 18 Stanford Envtl. L. Journal 65 (1999)Clicking on the button will copy the full recommended citation.
Part II of this article summarizes the history of medfly eradication efforts in the United States and the events surrounding Florida's 1997 infestation and eradication experience. Part III reviews private property rights in light of physical takings cases. Applying the principles examined in Part III to wide-scale aerial pesticide spraying, Part IV explains why these invasions constitute takings, despite their minimal size and limited duration. Part IV also examines the possible government defenses of nuisance and necessity, and notes the difference between governmental intervention to protect public health and safety and invasive action to protect a specific industry. Part V assesses the implications of a takings challenge to wide-scale aerial pesticide spraying.
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Royal C. Gardner, Book Review, Diverse Opinions on Biodiversity, 6 Tulsa Journal of Comparative and International Law 303 (1999)Clicking on the button will copy the full recommended citation.
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Royal C. Gardner, Foreward: International Environmental Law Symposium, 28 Stetson L. Rev. 1031 (1999)Clicking on the button will copy the full recommended citation.
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Royal C. Gardner, Casting Aside the Tulloch Rule, reprint, 10 Environmental Litigation Committee Newsletter 11 (1999)Clicking on the button will copy the full recommended citation.
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Royal C. Gardner, Casting Aside the Tulloch Rule, 20 Nat'l Wetlands Newsletter 5 (1998)Clicking on the button will copy the full recommended citation.
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Royal C. Gardner, Exporting American Values: Tenth Amendment Principles and International Environmental Assistance, 22 Harvard Envtl. L. Review 1 (1998)Clicking on the button will copy the full recommended citation.
This article provides a quasi-constitutional justification for foreign environmental assistance. Part II of the article briefly reviews the history of the Tenth Amendment and its resuscitation by the United States Supreme Court. Part III examines how the Tenth Amendment has been used in the domestic environmental context to invalidate certain regulatory regimes and how the federal government has structured environmental programs to avoid infringing on state sovereignty. Part IV considers the Unfunded Mandates Reform Act as a statutory manifestation of Tenth Amendment principles. Part V explores the nature of national sovereignty and its implications for global environmental challenges. Part V analogizes Tenth Amendment principles to techniques employed by the international community to address specific environmental problems such as stratospheric ozone depletion, climate change, and the loss of biological diversity. Part VI analyzes the United States' commitments to help fund financial mechanisms established by the Montreal Protocol on Substances That Deplete the Ozone Layer, the United Nations Convention on Climate Change, and the Convention on Biological Diversity. Part VI also examines the extent to which the United States is complying with its financial responsibilities under these conventions.