Fighting Westway

From 1971 to 1985, battles raged over Westway, a multibillion-dollar highway, development, and park project slated for placement in New York City. It would have projected far into the Hudson River, including massive new landfill extending several miles along Manhattan’s Lower West Side. The most expensive highway project ever proposed, Westway also provoked one of the highest stakes legal battles of its day. In Fighting Westway, William W. Buzbee reveals how environmentalists, citizens, their lawyers, and a growing opposition coalition, despite enormous resource disparities, were able to defeat this project supported by presidents, senators, governors, and mayors, much of the business community, and most unions. Although Westway’s defeat has been derided as lacking justification, Westway’s critics raised substantial and ultimately decisive objections. They questioned claimed project benefits and advocated trading federal Westway dollars for mass transit improvements. They also exposed illegally disregarded environmental risks, especially to increasingly scarce East Coast young striped bass often found in extraordinarily high numbers right where Westway was to be built. Drawing on archival records and interviews, Buzbee goes beyond the veneer of government actions and court rulings to illuminate the stakes, political pressures, and strategic moves and countermoves that shaped the Westway war, a fight involving all levels and branches of government, scientific conflict, strategic citizen action, and hearings, trials, and appeals in federal court. This Westway history illuminates how high-stakes regulatory battles are fought, the strategies and power of America’s environmental laws, ways urban priorities are contested, the clout of savvy citizen activists and effective lawyers, and how separation of powers and federalism frameworks structure legal and political conflict. Whether readers seek an exciting tale of environmental, political, and legal conflict, to learn what really happened during these battles that transformed New York City, or to understand how modern legal frameworks shape high stakes regulatory wars, Fighting Westway will provide a good read.

The 4-mile-long, 550-acre Hudson River Park is nearing completion and is the largest park built in Manhattan since Central Park opened more than 150 years ago. It has transformed a derelict waterfront, protected the Hudson River estuary, preserved commercial maritime activities, created new recreational opportunities for millions of New Yorkers, enhanced tourism, stimulated redevelopment in adjacent neighborhoods, and set a precedent for waterfront redevelopment. The Park attracts seventeen million visitors annually. Creating the Hudson River Park is a first-person story of how this park came to be. Working together over three decades, community groups, civic and environmental organizations, labor, the real estate and business community, government agencies, and elected officials won a historic victory for environmental preservation, the use and enjoyment of the Hudson River, and urban redevelopment. However, the park is also the embodiment of a troubling trend toward the commercialization of America’s public parks. After the defeat of the $2.4 billion Westway plan to fill 234 acres of the Hudson in 1985, the stage was set for the revitalization of Manhattan’s West Side waterfront. Between 1986 and 1998 the process focused on the basics like designing an appropriate roadway, removing noncompliant municipal and commercial activities from the waterfront, implementing temporary improvements, developing the Park’s first revenue-producing commercial area at Chelsea Piers, completing the public planning and environmental review processes, and negotiating the 1998 Hudson River Park Act that officially created the Park. From 1999 to 2009 planning and construction were funded with public money and focused on creating active and passive recreation opportunities on the Tribeca, Greenwich Village, Chelsea, and Hell’s Kitchen waterfronts. However, initial recommendations to secure long term financial support for the Park from the increase in adjacent real estate values that resulted from the Park’s creation were ignored. City and state politicians had other priorities and public funding for the Park dwindled. The recent phase of the project, from 2010 to 2021, focused on “development” both in and adjacent to the Park. Changes in leadership, and new challenges provide an opportunity to return to a transparent public planning process and complete the redevelopment of the waterfront for the remainder of the 21st-century. Fox’s first-person perspective helps to document the history of the Hudson River Park, recognizes those who made it happen and those who made it difficult, and provides lessons that may help private citizens and public servants expand and protect the public parks and natural systems that are so critical to urban well-being.

The Harvard Law Review is offered in a digital edition for ereaders, featuring active Contents, linked notes, and proper ebook formatting. The contents of Number 2 include: • Article, “The (Non)Finality of Supreme Court Opinions,” by Richard J. Lazarus • Book Review, “The Laws of Capitalism,” by David Singh Grewal • Note, “Citizens United at Work: How the Landmark Decision Legalized Political Coercion in the Workplace” • Note, “Data Mining, Dog Sniffs, and the Fourth Amendment” • Note, “Nonbinding Bondage” The issue includes In Memoriam contributions about the life, scholarship, and teaching of John H. Mansfield. The contributors are Anthony D'Amato, Robert W. Gordon, Martha Minow, Frederick Schauer, and James A. Sonne. In addition, the issue features student commentary on Recent Cases and policy papers, including such subjects as internet law and privacy, Fourth Amendment right to deletion, state action and credit card fees, antitrust law and foreign trade, applicability of Seventh Amendment to states and commonwealths, free speech and tour guide licensing in D.C., labor law and sexual harassment claims, and gender crimes in international criminal law. Finally, the issue includes several summaries of Recent Publications. The Harvard Law Review is a student-run organization whose primary purpose is to publish a journal of legal scholarship. The Review comes out monthly from November through June. The organization is formally independent of the Harvard Law School. Student editors make all editorial and organizational decisions. This issue of the Review is December 2014, the second issue of academic year 2014-2015 (Volume 128).

A history of Manhattan from the 17th century to the present. The second edition of this text includes two additional chapters that encompass the changes that have taken place in the areas of restoration, legislation, and within the new movements in environmental consciousness during the 1990s.

Bella Abzug’s promotion of women’s and gay rights, universal childcare, green energy, and more provoked not only fierce opposition from Republicans but a split within her own party. The story of this notorious, galvanizing force in the Democrats’ “New Politics” insurgency is a biography for our times. Before Alexandria Ocasio-Cortez, Elizabeth Warren, or Hillary Clinton, there was New York’s Bella Abzug. With a fiery rhetorical style forged in the 1960s antiwar movement, Abzug vigorously promoted gender parity, economic justice, and the need to “bring Congress back to the people.” The 1970 congressional election season saw Abzug, in her trademark broad-brimmed hats, campaigning on the slogan “This Woman’s Place Is in the House—the House of Representatives.” Having won her seat, she advanced the feminist agenda in ways big and small, from gaining full access for congresswomen to the House swimming pool to cofounding the National Women’s Political Caucus to putting the title “Ms.” into the political lexicon. Beyond women’s rights, “Sister Bella” promoted gay rights, privacy rights, and human rights, and pushed legislation relating to urban, environmental, and foreign affairs. Her stint in Congress lasted just six years—it ended when she decided to seek the Democrats’ 1976 New York Senate nomination, a race she lost to Daniel Patrick Moynihan by less than 1 percent. Their primary contest, while gendered, was also an ideological struggle for the heart of the Democratic Party. Abzug’s protest politics had helped for a time to shift the center of politics to the left, but her progressive positions also fueled a backlash from conservatives who thought change was going too far. This deeply researched political biography highlights how, as 1960s radicalism moved protest into electoral politics, Abzug drew fire from establishment politicians across the political spectrum—but also inspired a generation of women.

"This is the riveting tale of Argentina's sovereign debt drama, a complicated story that unfolds over 15 years and involves a host of characters, institutions, and issues. The country defaulted on its debt in 2001, restructured it in 2005, and was in court for the ensuing decade. The debt restructuring and the lawsuits that followed have had an outsized impact on sovereign debt law, sovereign debt markets, and sovereign debt policy: Argentina's pending default triggered an intense fight in Washington over the role of the IMF in sovereign debt restructurings; Argentina's default and its losses in court triggered the adoption (and enhancement) of a quasi-bankruptcy feature in sovereign bonds called Collective Action Clauses; the Argentina bond cases generated numerous opinions from the courts relating to what creditors can and can't do to try to collect from a country in defau

Since 1996, The Hudson: An Illustrated Guide to the Living River has been an essential resource for understanding the full sweep of the great river's natural history and human heritage. This updated third edition includes the latest information about the ongoing fight against pollution and environmental damage to the river, plus vibrant new full-color illustrations showing the plants and wildlife that make this ecosystem so special. This volume gives a detailed account of the Hudson River’s history, including the geological forces that created it, the various peoples who have lived on its banks, and the great works of art it has inspired. It also showcases the many species making a home on this waterway, including the Atlantic sturgeon, the bald eagle, the invasive zebra mussel, and the herons of New York Harbor. Combining both scientific and historical perspectives, this book demonstrates why the Hudson and its valley have been so central to the environmental movement. As it charts the progress made towards restoring the river ecosystem and the effects of emerging threats like climate change, The Hudson identifies concrete ways that readers can help. To that end, royalties from the sale of this book will go to the non-profit environmental advocacy group Hudson River Sloop Clearwater, Inc.

Environmental Protection: Law and Policy, widely respected for its intellectual breadth and depth, is an interdisciplinary and international overview of the fundamental issues of Environmental Law, incorporating history, theory, litigation, regulation, policy, science, economics, and ethics. It includes a complete introduction to the history of environmental protection; laws and regulations; regulatory design strategies; policy objectives; and analysis of constitutional federalism and related policy questions concerning the design and implementation of environmental protection programs. Coverage includes the major federal pollution control laws (the Clean Air Act, the Clean Water Act, the Resource Conservation and Recovery Act, CERCLA, and more); climate change (a chapter discussing important scientific, policy, and program design questions); natural resource management issues (two chapters focusing on the National Environmental Policy Act and the Endangered Species Act); and national forest management. New to the Eighth Edition: Thoroughly updated coverage, including how various actors—Congress, the President, political and career staff at agencies such as EPA, and regulatory beneficiaries—influence shifts in environmental law and policy, including Trump Administration initiatives that raise novel administrative and environmental law issues that have been or are likely to be addressed by the courts Coverage of evolving agency approaches to the scope of Clean Water Act mandates through repeal of or revisions to the "waters of the United States" rule, and of controversies surrounding the Trump Administration's climate change policies, including repeal of the Clean Power Plan and its announced withdrawal from the 2015 Paris climate agreement to which virtually every other nation is a party Inclusion of new principal cases such as the Supreme Court's decision in Michigan v. EPA, which addressed the role of cost in regulation, and the Third Circuit's decision in American Farm Bureau Federation v. EPA, which involved implementation of the total maximum daily load program under the Clean Water Act Comprehensive treatment of 2016 amendments to the Toxic Substances Control Act, the first major revisions to a core environmental statute enacted by Congress in 20 years Treatment of compliance and enforcement issues and their importance to the development and implementation of environmental law Coverage of ongoing controversial litigation in courts throughout the country on application of the public trust doctrine to force government action to mitigate climate change through controls on greenhouse gas emissions Professors and students will benefit from: Thorough and nuanced treatment of the history of environmental protection, existing laws, regulations, and cases, regulatory design strategies, and current and developing policy objectives Broad-based international and interdisciplinary approach incorporating science, economics, and ethics Coverage of major federal pollution control laws Landmark and cutting-edge cases Notes and questions Charts and graphics Numerous exercises and problems Distinguished authorship with extensive practical, scholarly, and teaching experience