Candidate conservation agreements under the Endangered Species Act: prospects and perils of an administrative experiment
Article Abstract:
The US Fish and Wildlife Service has started using conservation agreements as a substitute for listing endangered species. A year-long moratorium on endangered species listing and funding denials led to a belief in the Service that an alternative to listing was necessary. Public and political opposition to the Endangered Species Act made the Service more willing to look at cooperating with the states in conservation. The conservation agreement is a prime example of a new readiness to allow participation by states and private parties in listing decisions.
Publication Name: Boston College Environmental Affairs Law Review
Subject: Law
ISSN: 0190-7034
Year: 1997
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Caveat Venditor: a case for granting subsequent purchasers a cause of action against builder-vendors for latent defects in the home
Article Abstract:
The doctrine of caveat emptor has been eroded by the courts in suits by homeowners that purchase directly from the developer and subsequent purchasers based on negligence, strict liability and implied warranty of habitability. Privity limits warranty of habitability suits under contract law to purchasers buying directly from the developer, but subsequent purchasers may invoke the rule of assignment to imply the warranty. Tort actions under negligence and strict liability theories are limited by the economic loss doctrine.
Publication Name: The Journal of Corporation Law
Subject: Law
ISSN: 0360-795X
Year: 1995
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