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Book Review Of Toxic Debts And The Superfund Dilemma, Ronald H. Rosenberg Sep 2019

Book Review Of Toxic Debts And The Superfund Dilemma, Ronald H. Rosenberg

Ronald H. Rosenberg

No abstract provided.


The Necessary Interrelationship Between Land Use And Preservation Of Groundwater Resources, Linda A. Malone Sep 2019

The Necessary Interrelationship Between Land Use And Preservation Of Groundwater Resources, Linda A. Malone

Linda A. Malone

No abstract provided.


Reflections On The Jeffersonian Ideal Of An Agrarian Democracy And The Emergence Of An Agricultural And Environmental Ethic In The 1990 Farm Bill, Linda A. Malone Sep 2019

Reflections On The Jeffersonian Ideal Of An Agrarian Democracy And The Emergence Of An Agricultural And Environmental Ethic In The 1990 Farm Bill, Linda A. Malone

Linda A. Malone

No abstract provided.


Green Helmets: A Conceptual Framework For Security Council Authority In Environmental Emergencies, Linda A. Malone Sep 2019

Green Helmets: A Conceptual Framework For Security Council Authority In Environmental Emergencies, Linda A. Malone

Linda A. Malone

No abstract provided.


Discussion In The Security Council On Environmental Intervention In The Ukraine, Linda A. Malone Sep 2019

Discussion In The Security Council On Environmental Intervention In The Ukraine, Linda A. Malone

Linda A. Malone

No abstract provided.


Book Review Of Eco-Pragmatism: Making Sensible Environmental Decisions In An Uncertain World, Lynda L. Butler Sep 2019

Book Review Of Eco-Pragmatism: Making Sensible Environmental Decisions In An Uncertain World, Lynda L. Butler

Lynda L. Butler

No abstract provided.


Shaping The Future: The Dialectic Of Law And Environmental Values, Holly Doremus Aug 2016

Shaping The Future: The Dialectic Of Law And Environmental Values, Holly Doremus

Holly Doremus

No abstract provided.


Shaping The Future: The Dialectic Of Law And Environmental Values, Holly Doremus Aug 2016

Shaping The Future: The Dialectic Of Law And Environmental Values, Holly Doremus

Holly Doremus

No abstract provided.


Shaping The Future: The Dialectic Of Law And Environmental Values, Holly Doremus Aug 2016

Shaping The Future: The Dialectic Of Law And Environmental Values, Holly Doremus

Holly Doremus

No abstract provided.


What Economics Teaches Us About Environmental Protection, Chad J. Mcguire Jan 2015

What Economics Teaches Us About Environmental Protection, Chad J. Mcguire

Chad J McGuire

A basic premise in economics is that companies should pay all of the costs that are incurred in the process of producing their goods and services. The reason? By incurring all of the costs in production, the price charged by the company will reflect those costs. The price consumers pay, then, will also reflect all of the costs incurred in production. This leads to price efficiency, a major goal in free-market economic principles.
Unfortunately we don’t always include the costs to the environment in the production process. Take, for example, electricity generation, which can be accomplished using different inputs. Coal-burning …


Preparing For Disaster: How Our Voting Sends The Wrong Message, Chad J. Mcguire Jan 2015

Preparing For Disaster: How Our Voting Sends The Wrong Message, Chad J. Mcguire

Chad J McGuire

I would like to propose that we, the voting public, bear an important respon- sibility when it comes to our role in providing for the public good. Evi- dence is clear that in our system of government, elected officials are recep- tive to how we vote. If we choose to understand and prioritize the benefits of preparing for disaster, it is likely our elected offi- cials will follow our lead. But if we fail to realize the benefits of preparing, then it is more likely politi- cians will respond to those signals, throwing money at a problem that is not …


Market Failures And Protecting The Environment, Chad J. Mcguire Jan 2015

Market Failures And Protecting The Environment, Chad J. Mcguire

Chad J McGuire

Whether you agree with government intervention, or with the specific form of gov- ernment intervention applied, it is a fact that government becomes involved in environ- mental issues because, to date, we have failed to fully inter- nalize the costs of our actions toward the environment in our market systems. So this is why government becomes involved in the first place, to correct existing and recurring market failures. Knowing this important fact helps us better understand, and judge, envi- ronmental laws and policies.


Rising Sea Levels Challenge Flood Insurance Management, Chad J. Mcguire Jan 2015

Rising Sea Levels Challenge Flood Insurance Management, Chad J. Mcguire

Chad J McGuire

Our climate is changing. And the trend of this climate change shows the earth is, on average, getting warmer. We in New England emerged from a very cold winter in 2014 making it hard for us to see (and thus believe) the earth is getting warmer. But this is the trick of cli- mate change: The pattern of overall warming is hard to see on a day-to-day basis. We tend to judge our climate through experiencing our local weather patterns: When the weather is cold like it has been in our region over the past winter, it is hard for …


The Role Of Risk Perception In Building Sustainable Policy Instruments: A Case Study Of Public Coastal Flood Insurance In The Usa, Chad J. Mcguire Dec 2014

The Role Of Risk Perception In Building Sustainable Policy Instruments: A Case Study Of Public Coastal Flood Insurance In The Usa, Chad J. Mcguire

Chad J McGuire

Public planning for sustainability implies a forward-looking approach that often includes imagining future harm and taking steps to prevent that future harm before it occurs. A major challenge to implementing such forward looking, or precautionary, a policy instrument is managing the impacts such policies have on existing expectations. The purpose of this paper is to discuss the role of risk perception in the development of forward-looking policy instruments. A case study example focused on coastal flood insurance in the USA is presented to highlight the difficulty of implementing sustainable policy goals when current policies incentivise the discounting of risk. The …


Uncertainty, Daniel A. Farber Sep 2013

Uncertainty, Daniel A. Farber

Daniel A Farber

The article discusses environmental risks and uncertainties and the current approaches to risk assessment. It is said that conventional risk assessment is a powerful methodology, but over-reliance on it can lead to a failure to acknowledge any risks that do not lend themselves to the technique. Uncertainties can be associated with fat-tailed distributions.


Cyber Defense As Environmental Protection - The Broader Potential Impact Of Failed Defensive Counter Cyber Operations, Jan Kallberg, Rosemary A. Burk Jul 2013

Cyber Defense As Environmental Protection - The Broader Potential Impact Of Failed Defensive Counter Cyber Operations, Jan Kallberg, Rosemary A. Burk

Rosemary A. Burk

Key in the critique of the likelihood of cyber conflict has been the assumption that cyber does not lead to long-term and irrevocable effects – therefore it cannot be fought as a war. This might be true if cyber attacks are constrained to specific functions of a computer system or set of client computers, however, a failed cyberdefense can have wider effects than discussed in earlier debates of potential consequences and risks. The environmental aspect of cyberdefense has not drawn attention as a national security matter. We all, as people, react to threats to our living space and natural environment. …


The Challenges Of Dynamic Water Management In The American West, Holly Doremus, Michael Hanemann Nov 2012

The Challenges Of Dynamic Water Management In The American West, Holly Doremus, Michael Hanemann

Holly Doremus

No abstract provided.


Constitutive Law And Environmental Policy, Holly Doremus Nov 2012

Constitutive Law And Environmental Policy, Holly Doremus

Holly Doremus

No abstract provided.


Sciene Plays Defense: Natural Resource Management In The Bush Administration, Holly Doremus Nov 2012

Sciene Plays Defense: Natural Resource Management In The Bush Administration, Holly Doremus

Holly Doremus

The George W. Bush Administration has been criticized by scientists for its use of science in the policy arena generally, and for politicizing science. However, the problem is more one of the scientizing of politics, as the administration has shown that the rhetoric of science can be used defensively, as a barrier to regulation. Key methods used by the administration to pursue its strategy of defensive science in natural resource management are detailed. A more normatively defensible, and a more politically effective, strategy for conservationists would emphasize the need to bring transparency and a commitment to updating into the regulatory …


Adaptive Management Program Progress Report, Susan Wainscott, Lee Bice Aug 2012

Adaptive Management Program Progress Report, Susan Wainscott, Lee Bice

Susan Wainscott

Progress of the Adaptive Management Program for the Clark County Multiple Species Habitat Conservation Program is presented.


Sheldon Kamienieck Cv, Sheldon Kamieniecki May 2012

Sheldon Kamienieck Cv, Sheldon Kamieniecki

Sheldon Kamieniecki

No abstract provided.


Public Policy Frameworks In Environmental Settings: An Argument For New Policy Frameworks To Support New Policy Directions, Chad J. Mcguire Apr 2012

Public Policy Frameworks In Environmental Settings: An Argument For New Policy Frameworks To Support New Policy Directions, Chad J. Mcguire

Chad J McGuire

Environmental policy is about solving problems, not creating them. Policy frameworks are meant to be supportive of policy initiatives. Most environmental initiatives are impacted by new information, and as such, policy frameworks should be responsive to new information. Often existing policy frameworks limit the ability of information that suggests a change in policy direction. This article discusses some of the causes for this phenomenon and suggests that new policy frameworks should be considered in supporting new policy directions, rather than relying on the manipulation of existing policy frameworks.


Systems Thinking Applied To U.S. Federal Fisheries Management, Chad J. Mcguire, Bradley P. Harris Dec 2011

Systems Thinking Applied To U.S. Federal Fisheries Management, Chad J. Mcguire, Bradley P. Harris

Chad J McGuire

The goal of this article is to provide the reader with a kind of historical case study on how fisheries law and policy evolution has brought management of the resource to a more ‘systems-centered’ approach. In addition to this historical rendition, another goal of this article is to identify some areas of potential growth, specifically the development of legal instruments that are more adapted to systems principles.


Coastal Planning, Federal Consistency, And Climate Change: A Recent Divergence Of Federal And State Interests, Chad J. Mcguire Dec 2011

Coastal Planning, Federal Consistency, And Climate Change: A Recent Divergence Of Federal And State Interests, Chad J. Mcguire

Chad J McGuire

The purpose of this article is to identify the contrasting policy approaches being undertaken at the state and federal levels with respect to climate change and offshore resource development respectively, noting how these respective approaches are leading to a divergence between state and federal priorities in the marine environment. The divergent approaches identified will be placed in the context of the CZMA, particularly the federal consistency requirement of that act, which helps to define the relationship between state and federal actions in ocean waters. Legal issues that arise from this divergence will be identified and analyzed. We begin with identification …


Climate Adaptation And The Fifth Amendment Of The U.S. Constitution: A Regulatory Takings Analysis Of Adaptation Strategies In Coastal Development With Application To Connecticut’S Coastal Management Regime, Chad J. Mcguire, Jason Hill Dec 2011

Climate Adaptation And The Fifth Amendment Of The U.S. Constitution: A Regulatory Takings Analysis Of Adaptation Strategies In Coastal Development With Application To Connecticut’S Coastal Management Regime, Chad J. Mcguire, Jason Hill

Chad J McGuire

As climate change impacts are realized at the governance level, states and local governments are moving towards adaptation strategies that include increasing restrictions on how land is used in coastal zones. The purpose of this article is to review state regulatory strategies that are attempting to adapt to climate change in light of limits placed on those strategies by the Fifth Amendment to the United States Constitution: the prohibition against the taking of private property by government action without a public purpose and just compensation. This article highlights the importance in identifying the roles governments can take beyond the role …


A Framework For Analyzing Information Flows In Public Policy Decision-Making: A Move Towards Building Sustainable Policy Instruments, Chad J. Mcguire Aug 2011

A Framework For Analyzing Information Flows In Public Policy Decision-Making: A Move Towards Building Sustainable Policy Instruments, Chad J. Mcguire

Chad J McGuire

The purpose of this paper is to explain a framework that focuses on information flows as a means of understanding public policy decision-making, with a specific emphasis on information relating to sustainable development. The goal of this framework is to further aid in identifying and explaining the extent to which sustainability goals are being implemented in public policy decisions. The suggestion is that by focusing on the information flows directly related to sustainable information, instances can be isolated where specific pieces of information are not making their way to final decision-making processes, or alternatively, where new information interferes with sustainable …


Adaptive Management Program Poster, Susan Wainscott Aug 2011

Adaptive Management Program Poster, Susan Wainscott

Susan Wainscott

Adaptive Management is the use of evidence-based data and best scientific knowledge to improve management and programmatic actions and to reduce the uncertainty inherent in those actions. This approach is the core of the Clark County Multiple Species Habitat Conservation Plan (MSHCP), which also includes a strong emphasis on transparency in decision making to increase the accountability of the program.

The MSHCP supports an incidental take permit from the United States Fish and Wildlife Service (USFWS). When reviewing the MSHCP and issuing the incidental take permit, the USFWS required certain tasks be completed on a regular or ongoing basis. The …


A Review Of Amendment 16 To The Northeast Multispecies Fishery Management Plan, Jonathon N. Feinberg, Chad J. Mcguire Jul 2011

A Review Of Amendment 16 To The Northeast Multispecies Fishery Management Plan, Jonathon N. Feinberg, Chad J. Mcguire

Chad J McGuire

The purpose of this article is to review Amendment 16 to the Northeast Multispecies Fishery Management Plan, highlighting some of the legal and policy implications to the fishing community and regulatory bodies. Questions of impact are framed from the local fishing community perspective, while larger questions of regulatory implications, including statutory purpose, are identified where appropriate. The article concludes by identifying necessary policy questions that need to be resolved if we are to move toward a coherent strategy of national fisheries management that is both rational for the sake of the resource, and equitable to those who are most directly …


Who Owns The Fish? Moving From The Commons To Federal Ownership Of Our National Fisheries, John B. Walden, Chad J. Mcguire Jul 2011

Who Owns The Fish? Moving From The Commons To Federal Ownership Of Our National Fisheries, John B. Walden, Chad J. Mcguire

Chad J McGuire

The purpose of this article is to explore a premise that fishery management at the federal level would be more effective if the U.S. government simply charged for the privilege to commercially harvest fish. This argument is supported by a mix of historical fact-finding and legal precedent, brought together in an attempt to identify a basic economic principle of property rights. The goal is to allow both practitioners and policy makers an opportunity to view fishery management options through a lens of government property rights, and show how a rational distribution of those rights through advancing market mechanisms may provide …


Marine Mammals And International Trade: Balancing Social Conscience With Trade Obligations – A Summary And Update On The World Trade Organization Seal Products Dispute, Chad J. Mcguire Apr 2011

Marine Mammals And International Trade: Balancing Social Conscience With Trade Obligations – A Summary And Update On The World Trade Organization Seal Products Dispute, Chad J. Mcguire

Chad J McGuire

The purpose of this article is to provide a summary of the current debate surrounding the proposed European Union expansion of barriers to trade in seal products. This article will also identify some of the potential legal issues at the heart of the ban. Finally, some policy considerations that may arise depending on how this case ultimately resolves itself will be highlighted. What is reinforced in this case study is the notion that the interaction between domestic policy and international law can often create unique frustrations where seemingly independent goals can lead to legal conflicts. This case study is an …