Law Commons^™

Climate Change And The Political Question Doctrine, James R. May

James R. May

No abstract provided.

Tiny Fish/Big Battle: 30 Years After Tva And The Snail Darter Clashed, The Case Still Echoes In Caselaw, Politics, And Popular Culture, Zygmunt J.B. Plater

Zygmunt J.B. Plater

No abstract provided.

Developing An International Competence-Based Curriculum For Environmental Health, R. Konkel, Maurice Brennan, Tony Lewis

Steve Konkel

In 1998, the International Federation of Environmental Health (IEFH) commissioned the International Faculty Forum (IFF) of environmental health educators to develop an international curriculum for environmental health. In commissioning such a curriculum, IFEH implicitly recognised and sought to address the ongoing issues of professional identity, status and the transportability of qualifications for Environmental Health Practitioners (EHPs). A draft model for an international curriculum based on competence was proposed by Brennan, Konkel anad Lewis and developed and supported by IFF members when they met in May 2008 in Brisbane, Australia. Development of the model and its underpinning concepts of 'environmental healthness' …

Using Mandates And Incentives To Promote Sustainable Construction And Green Building Projects In The Private Sector: A Call For More State Land Use Policy Initiatives, Carl J. Circo

Carl J. Circo

Vantage Point, David R. Hodas

David R. Hodas

No abstract provided.

Preliminary Plan For The Doctoral Thesis: The Role And Function Of Law As The Promoter Of The Sustainable Use Of Bio-Fuels In The Transport Sector, Evgenia Pavlovskaia

Evgenia Pavlovskaia

The paper contains the preliminary plan of the doctoral thesis made in 2008. It explains that the purpose of the project is to analyze the use of the law as a means to implement the sustainable policy on bio-fuels. The author will investigate and evaluate in what respect legal systems promote respectively restrain trade, production and use of bio-fuels in the transport sector, and how they balance the bio-fuel objective against other objectives important for the sustainable development (such as food production and biodiversity). The author will also identify efficient and less efficient legal constructions and discuss possibly successful legal …

Federal Climate Change Legislation As If The States Matter, John C. Dernbach, Robert B. Mckinstry,, Thomas D. Peterson

John C. Dernbach

The growing prospect of comprehensive national climate change legislation raises many important questions about the role of state efforts in a national climate change program. This article identifies the key state/federal issues that should be addressed in any comprehensive national comprehensive climate change legislation. It also provides recommendations for resolving these issues. In addition to a cap-and-trade program and uniform national standards for some sectors, federal climate change legislation should adopt and modify the State Implementation Plan model in the Clean Air Act. That is, states should be given responsibility through State Implementation Plans to achieve specified emissions reductions, including …

Developing A Comprehensive Approach To Climate Change Policy In The United States That Fully Integrates Levels Of Government And Economic Sectors, John C. Dernbach, Thomas D. Peterson, Robert B. Mckinstry

John C. Dernbach

The United State Supreme Court's holding in Massachusetts v. EPA that greenhouse gases are air pollutants under the Clean Air Act makes it virtually certain that federal climate change legislation will be accomplished by amending that Act. This Article explains and justifies an approach to federal climate legislation that uses and builds on the Act's various tools, including air quality standards, technology-based limitations, and state implementation plans. The Article discusses models for climate response that have emerged from state responses to date and presents the reductions that could be achieved if these were scaled up to the federal level. Federal …

Drowning Our Sorrows To Create A Carbon Free Future? Some International Legal Considerations Relating To Sequestering Carbon By Fertilising The Oceans, Rosemary Rayfuse

Rosemary Rayfuse

No abstract provided.

Trying To Vote In Good Conscience, Elizabeth F. Brown

Elizabeth F Brown

This Article analyses the U.S. Conference of Catholic Bishops’ statement, Forming Consciences for Faithful Citizenship: A Call to Political Responsibility from the Catholic Bishops of the United States, and how it addresses the economic and environmental issues raised during the 2008 Presidential election.

Much Ado About Pluralities: Pride And Precedent Amidst The Cacophy Of Concurrences, And Re-Percolation After Rapanos, Donald J. Kochan, Melissa M. Berry, Matthew J. Parlow

Donald J. Kochan

Conflicts created by concurrences and pluralities in court decisions create confusion in law and lower court interpretation. Rule of law values require that individuals be able to identify controlling legal principles. That task is complicated when pluralities and concurrences contribute to the vagueness or uncertainty that leaves us wondering what the controlling rule is or attempting to predict what it will evolve to become. The rule of law is at least handicapped when continuity or confidence or confusion infuse our understanding of the applicable rules. This Article uses the recent U.S. Supreme Court decision in Rapanos v. United States to …

Greenwashed?: Developers, Environmental Consciousness, And The Case Of Playa Vista, Matthew J. Parlow

Matthew Parlow