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Articles 1 - 28 of 28
Full-Text Articles in Entire DC Network
No Time Like The Present: The Eighteenth Century Judicial Power Meets The Twenty-First Century Problem In Massachusetts V. Epa, Jamison E. Colburn
No Time Like The Present: The Eighteenth Century Judicial Power Meets The Twenty-First Century Problem In Massachusetts V. Epa, Jamison E. Colburn
Jamison E. Colburn
In this short commentary, I consider the nature of our judicial power and the Court's standing doctrine in light of the oral argument in Massachusetts et al. v. EPA. My critique is that the Court has invented any number of ways to find that the rule of law can play no role in our climate change debates.
The Waiter At The Party: A Parable Of Ecosystem Management In The Everglades, Alfred R. Light
The Waiter At The Party: A Parable Of Ecosystem Management In The Everglades, Alfred R. Light
Alfred Light
No abstract provided.
Reunion In Salem: Updating The Mtbe Controversy, Richard O. Faulk
Reunion In Salem: Updating The Mtbe Controversy, Richard O. Faulk
Richard Faulk
Concerned about groundwater contamination and the potential health effects of methyl tertiary butyl ether (MTBE), a gasoline additive used to curtail air pollution, several states have banned its use. Similarly, MTBE hus been the subject ofa great deal of litigation. And while the Energy Policy Act of 2005 did not ban MTBE outright, it eliminated the federal oxygenate requirement for gasoline, thereby making the additive unnecessary. But according to RichardFaulk and./ohrr Gray, the controversy surrounding MTBE is greatly exaggerated. Moreover, MTBE represents only about 11% of the dangerous chemicals in gasoline that leak from USE into groundwater. Banning MTBE and …
Bilateral Breakdown: U.S. – Canada Pollution Disputes, Noah D. Hall
Bilateral Breakdown: U.S. – Canada Pollution Disputes, Noah D. Hall
Noah D Hall
The United States and Canada have one of the strongest bilateral relationships in the world, and the history of cooperation and diplomacy on environmental matters has been a major part of their relationship. However, as some recent efforts to resolve U.S.- Canadian pollution disputes through diplomacy and international law have failed, environmental advocates have looked to domestic litigation in U.S. courts to vindicate their rights. Is this a welcome development for environmental protection or a troubling trend for bilateral diplomacy? This essay explores the recent developments with a historical perspective and provides some recommendations for balancing the competing interests of …
A Modern Disaster: Agricultural Land, Urban Growth, And The Need For A Federally Organized Comprehensive Land Use Planning Model, Jess M. Krannich
A Modern Disaster: Agricultural Land, Urban Growth, And The Need For A Federally Organized Comprehensive Land Use Planning Model, Jess M. Krannich
Jess M. Krannich
No abstract provided.
Toward A New Horizontal Federalism: Interstate Water Management In The Great Lakes Region, Noah D. Hall
Toward A New Horizontal Federalism: Interstate Water Management In The Great Lakes Region, Noah D. Hall
Noah D Hall
This article presents a new model for environmental policy, called cooperative horizontal federalism. The cooperative horizontal federalism approach utilizes a constitutional mechanism for states to bind themselves to common substantive and procedural environmental protection standards, implemented individually with regional resources and enforcement. Here, the concept of cooperative horizontal federalism model is illustrated through the recently proposed Great Lakes-St. Lawrence River Basin Water Resources Compact. Under this proposed compact, the eight Great Lakes states would cooperatively manage the world’s largest freshwater resource under common minimum standards, which are then incorporated into state law and implemented individually. This cooperative horizontal federalism approach …
Trends In Constitutional Environmental Law, James R. May
Trends In Constitutional Environmental Law, James R. May
James R. May
This article is about the growing field at the intersection of environmental and constitutional law. Thirty years ago, constitutional issues rarely arose in environmental law. Nowadays, nearly two in three federal environmental, energy and land use cases are decided on constitutional grounds invoking no fewer than 18 issues. These include the extent to which Congress can regulate activities that are either traditionally intrastate or not inherently economic in nature (the Commerce Clause), preempt state causes of action (Supremacy Clause), and prescribe state functions (10th Amendment) or subject them to federal actions (11th Amendment). Other issues include whether states can burden …
Western Growth And Sustainable Water Use: If There Are No "Natural Limits" Should We Worry About Water Supplies? (With S. Van De Wetering), A. Dan Tarlock
Western Growth And Sustainable Water Use: If There Are No "Natural Limits" Should We Worry About Water Supplies? (With S. Van De Wetering), A. Dan Tarlock
Dan Tarlock
No abstract provided.
Five Views Of The Great Lakes And Why They Might Matter, A. Dan Tarlock
Five Views Of The Great Lakes And Why They Might Matter, A. Dan Tarlock
Dan Tarlock
No abstract provided.
The Real Problem With New Source Review, Shi-Ling Hsu
The Real Problem With New Source Review, Shi-Ling Hsu
Shi-Ling Hsu
No abstract provided.
The Methamphetamine Remediation Research Act Of 2005: Just What The Doctor Ordered For Cleaning Up Methfields—Or Sugar Pill Placebo?, Aaron R. Harmon
The Methamphetamine Remediation Research Act Of 2005: Just What The Doctor Ordered For Cleaning Up Methfields—Or Sugar Pill Placebo?, Aaron R. Harmon
Aaron R. Harmon
Methamphetamine labs can be set up anywhere. One batch of methamphetamine produces five to seven pounds of toxic byproduct. These contaminants are often dumped at the production site and, along with airborne contaminants from the cooking process, leave behind a “methfield.” States have developed widely divergent standards for methfield remediation. This Comment examines the solution proposed under the Methamphetamine Remediation Research Act of 2005 (“MRRA”). Part II provides some background on methamphetamine use, production, and cleanup. Part III reviews how methfields have been addressed by state and federal agencies. Part IV evaluates the MRRA and assesses its potential contributions to …
Protecting The Public Trust And Human Rights In The Great Lakes, Melissa K. Scanlan
Protecting The Public Trust And Human Rights In The Great Lakes, Melissa K. Scanlan
Melissa K. Scanlan
No abstract provided.
Realizing The Promise Of The Great Lakes Compact: A Policy Analysis For State Implementation, Melissa K. Scanlan, Jodi H. Sinykin, James Krohelski
Realizing The Promise Of The Great Lakes Compact: A Policy Analysis For State Implementation, Melissa K. Scanlan, Jodi H. Sinykin, James Krohelski
Melissa K. Scanlan
No abstract provided.
New Orleans, The Chesapeake, And The Future Of Environmental Assessment: Overcoming The Natural Resources Law Of Unintended Consequences, Erin Ryan
Erin Ryan
This piece tells the tale of two disappearing wetlands—those surrounding Louisiana's Gulf Coast and those fringing the Chesapeake Bay—each providing new insight into the old quandary of unintended consequences that lies at the center of natural resource management. Louisiana's losses follow three hundred years of natural resource engineering to accomplish effective flood control along the Mississippi River, while the Chesapeake losses follow implementation of among the most meticulous wetlands-protection programs of its time. And yet, New Orleans suffered a catastrophic flood, and Chesapeake wetlands continue to disappear. How could this happen? Call it the “Natural Resources Law of Unintended Consequences.” …
Vantage Point & Issue Editor, Transboundary Conflicts Issue, David R. Hodas
Vantage Point & Issue Editor, Transboundary Conflicts Issue, David R. Hodas
David R. Hodas
No abstract provided.
A Boundary Dispute’S Effect On Siting An Lng Terminal, Kenneth T. Kristl
A Boundary Dispute’S Effect On Siting An Lng Terminal, Kenneth T. Kristl
Kenneth T Kristl
No abstract provided.
Sharing Potential And The Potential For Sharing: Open Source Licensing As A Legal And Economic Modality For The Dissemination Of Renewable Energy Technology, Jason Wiener
Jason Wiener
No abstract provided.
Committee On Climate Change And Sustainable Development: 2005 Annual Report, John Dernbach
Committee On Climate Change And Sustainable Development: 2005 Annual Report, John Dernbach
John C. Dernbach
No abstract provided.
Climate Change And Land Use In Africa, David Hodas
Climate Change And Land Use In Africa, David Hodas
David R. Hodas
Sub-Saharan Africa faces a major development crisis due to the global climate crisis and rising prices for fossil fuels. By 2030, the world’s energy needs will be 30 percent greater than they are now. This will frustrate Africa’s plans for rapid economic and technological expansion, which are based on the dominant low-cost fossil fuel model. Climate change is also become pressing policy issues. Although Sub-saharan nations emit very little carbon dioxide, their reliance on livestock and agriculture as commercial resources, results in relatively high level of methane and nitrous oxide emission rate. The IPCC has predicted that climate change will …
Clean Water Act Developments: The Aftermath Of Tmdl Litigation: Consent Decrees And Settlement Agreements, James R. May
Clean Water Act Developments: The Aftermath Of Tmdl Litigation: Consent Decrees And Settlement Agreements, James R. May
James R. May
This article provides the latest developments about TMDL lawsuits nationally. It concludes that the results of TMDL settlements are mixed, least so where it matters most. The glory is that EPA has reviewed anew, or had the states review, readily existing and available water quality related data and information for 40,000 waters, finding 20,000 more ones impaired, bringing the national total to 60,000. EPA has agreed to "backstop" TMDL development for about 20,000 of these, and set or approved TMDLs for 10,000 impaired waters. EPA has for the first time reviewed and evaluated CPPs in six states. It has conducted …
Clean Water Act Npdes Developments In The Courts, James R. May
Clean Water Act Npdes Developments In The Courts, James R. May
James R. May
Although the Clean Water Act has been in effect for over thirty-three years, many aspects of the Act remain for the Supreme Court to define. In fact, the Court is still called upon to determine certain threshold questions about the Act’s scope and jurisdiction, permits, water quality standards and enforcement. One central question has been the definition of “navigable waters” as it relates to wetlands. The purpose of the Act is to protect the nation’s waters, and a logical question that the Court must address is “to what extent can wetlands be included as navigable waters?” Two cases have been …
Palazzolo, The Public Trust, And The Property Owner’S Reasonable Expectations: Takings And The South Carolina Marsh Island Bridge Debate, Erin Ryan
Erin Ryan
South Carolina recently promulgated new guidelines regulating the State’s consideration of requests by private marsh island owners to build bridges for vehicular access through publicly owned marsh and tidelands. Many thousands of these islands hug the South Carolina coast, but they are surrounded by tidelands subject to South Carolina’s formidable public trust doctrine, which obligates the State to manage submerged lands and waterways for the benefit of the public. This piece evaluates the relationship between the public trust doctrine and the takings subtext to the debate over the new guidelines – a relationship that has become particularly interesting in the …
Constituting Fundamental Environmental Rights Worldwide, James R. May
Constituting Fundamental Environmental Rights Worldwide, James R. May
James R. May
This article discusses the extent to which nations worldwide have constituted such “fundamental environmental rights” (FERs). Constitutions provide a framework for social order. They also reflect a paradox. While constitutions are usually the product of a convulsive event of majoritarian democracy, most contain antimajoritarian features designed to protect so-called fundamental rights against the tyranny of the majority. Traditional fundamental rights, such as those found in the Bill of Rights to the Constitution of the United States, include protecting for its citizens free speech, religious exercise and voting rights. Does a fundamental, enforceable, individual right to a clean and healthy environment …
Ethical Emissions Trading And The Law, Kirk W. Junker
Ethical Emissions Trading And The Law, Kirk W. Junker
Kirk W Junker
Markets, Monocultures, And Malnurition: Agricultural Trade Policy Through An Environmental Justice Lens, Carmen G. Gonzalez
Markets, Monocultures, And Malnurition: Agricultural Trade Policy Through An Environmental Justice Lens, Carmen G. Gonzalez
Carmen G. Gonzalez
Much of the literature on environmental justice struggles in the United States and in the Global South has highlighted the disproportionate concentration of environmental hazards in poor communities and communities of color. However, it is equally important to evaluate how human societies distribute access to environmental necessities , such as food and water. Food is a quintessential environmental necessity that is critical human survival, and the right to food is recognized under under a vareity of international human rights law instruments. This article examines the complex ways in which the rules governing international trade in agricultural products affect the fundamental …
Deconstructing The Mythology Of Free Trade: Critical Reflections On Comparative Advantage, Carmen G. Gonzalez
Deconstructing The Mythology Of Free Trade: Critical Reflections On Comparative Advantage, Carmen G. Gonzalez
Carmen G. Gonzalez
The theory of comparative advantage serves as the theoretical justification for the neoliberal economic reforms promoted by the International Monetary Fund, the World Bank, and multilateral and regional free trade agreements. This article employs insights from both neoclassical and heterodox economics in order to critique the theory of comparative advantage as applied to the agricultural sector. In particular, the article takes aim at the illusory notion that eliminating distortions in international agricultural trade caused by the lavish agricultural subsidies of wealthy nations will be sufficient to “level the playing field” and promote prosperity in both developed and developing countries. The …
“Addition,” “Pollutant,” “Point Source”: Recent Case Developments Affecting The Scope Of Activities Covered By The Cwa, James R. May
“Addition,” “Pollutant,” “Point Source”: Recent Case Developments Affecting The Scope Of Activities Covered By The Cwa, James R. May
James R. May
This article examines recent developments in the interpretation of the words “addition,” “pollutant,” and “point source,” as used in the Clean Water Act. These words have been the subject of much controversy and many interpretations as the CWA leaves them undefined. The Supreme Court has concluded most notably that the transfer of polluted water within the same body of water does not constitute “addition,” however the transfer of pollutants from one body of water into another is addition. Similarly, much controversy has surrounded the possibility of pesticides, lead shot and erosion as additions. Most recently courts have found that pesticides …
Runoff And Reality: Externalities, Economics, And Traceability Issues In Urban Runoff Regulation, Donald J. Kochan
Runoff And Reality: Externalities, Economics, And Traceability Issues In Urban Runoff Regulation, Donald J. Kochan
Donald J. Kochan
It has long eluded regulators and private enforcers how to control the imposition of negative externalities. This paper will examine: (1) Whether existing authorities (like the Clean Water Act) are capable of providing regulation of urban runoff; (2) Whether, in light of economic controls, regulation of these activities are necessary; (3) A summary of recent runoff litigation; and (4) What is next; what should be next? Although each of these questions form background, the primary emphasis currently anticipated for this presentation is on traceability, collective action, and free rider problems that motivate regulation in this area. Often runoff is described …