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Articles 1 - 15 of 15
Full-Text Articles in Law
Fish Don't Litter In Your House: Is International Law The Solution To The Plastic Pollution Problem?, Taylor G. Keselica
Fish Don't Litter In Your House: Is International Law The Solution To The Plastic Pollution Problem?, Taylor G. Keselica
Pace International Law Review
This article addresses the complex issue of plastic pollution—focusing on ocean plastics. Specifically, this article examines the ocean plastics problem, critiques current binding and non-binding international environmental law surrounding ocean plastics, hazardous wastes, and pollution, and proposes a more effective solution to the ocean plastics problem. Section I provides a basic history of the creation of plastics and discusses plastics as they are used today. Section II considers the concerns surrounding ocean plastics, focusing on impacts of plastic on marine ecosystems as well as human health effects. Section III, IV, and V discuss the ongoing attempts to address the ocean …
The Clean Air Act: How It Can Be Localized To Promote Both Environmental And Social Justice, Tate Kirk
The Clean Air Act: How It Can Be Localized To Promote Both Environmental And Social Justice, Tate Kirk
Seattle Journal of Technology, Environmental, & Innovation Law
Legislators attempt to achieve intended goals by enacting laws that provide for regulatory enforcement. However, many times laws are unable to achieve their stated goals and in some ways may create new or exacerbate existing issues. Luckily, upon review, many of these issues can be fixed with quick modifications to either their implementation or enforcement mechanisms. In its current form, the Clean Air Act does not effectively account for differences in regional climate patterns, and, moreover, it perpetuates environmental injustice. If local governments were given more autonomy to enforce the Clean Air Act, they could shape its enforcement to more …
Back To The Future: Creating A Bipartisan Environmental Movement For The 21st Century, David M. Uhlmann
Back To The Future: Creating A Bipartisan Environmental Movement For The 21st Century, David M. Uhlmann
Articles
With a contentious presidential election looming amidst a pandemic, economic worries, and historic protests against systemic racism, climate action may seem less pressing than other challenges. Nothing could be further from the truth. To prevent greater public health threats and economic dislocation from climate disruption, which will disproportionately harm Black Americans, people of color, and indigenous people, this Comment argues that we need to restore the bipartisanship that fueled the environmental movement and that the fate of the planet—and our children and grandchildren—depends upon our collective action.
Crimes Against Pollution Caused By Illegal Construction In Turkey, Feridun Yenisey, Asiye Selcen Atac
Crimes Against Pollution Caused By Illegal Construction In Turkey, Feridun Yenisey, Asiye Selcen Atac
Journal of Comparative Urban Law and Policy
No abstract provided.
Climate Change, Technology Transfer, And Intellectual Property: A 'Modest Proposal' For An Ip Enforcement Moratorium, Dalindyebo Bafana Shabalala
Climate Change, Technology Transfer, And Intellectual Property: A 'Modest Proposal' For An Ip Enforcement Moratorium, Dalindyebo Bafana Shabalala
Fordham Environmental Law Review
No abstract provided.
Climate Policy & Environmental Justice Recommendations For Colorado: Environmental Justice And The Climate Action Plan To Reduce Pollution, Kevin J. Lynch, Edwin Lamair, Evan Healey
Climate Policy & Environmental Justice Recommendations For Colorado: Environmental Justice And The Climate Action Plan To Reduce Pollution, Kevin J. Lynch, Edwin Lamair, Evan Healey
Sturm College of Law: Faculty Scholarship
This report was primarily drafted in the Spring of 2019, as the Colorado Legislature considered, and ultimately enacted, HB 19-1261. Since that time, developments have only highlighted the critical importance of considering the justice impacts of any public health and environmental responses to the threat of climate change. In particular, the COVID-19 pandemic has highlighted the stark racial and class disparities that environmental conditions have on the health of a community. The same facilities and mobile sources that emit climate pollution also typically emit particulate matter and smogforming pollution that cause respiratory illness in many communities. These underlying conditions are …
Building A National Ocean Policy Confronts Deconstruction Of The Administrative State, Brion Blackwelder
Building A National Ocean Policy Confronts Deconstruction Of The Administrative State, Brion Blackwelder
Faculty Scholarship
No abstract provided.
The Politics Of Cost-Benefit Analysis: A Risky Bet For Environmental Law And Policy In Brazil, Julio Borges
The Politics Of Cost-Benefit Analysis: A Risky Bet For Environmental Law And Policy In Brazil, Julio Borges
William & Mary Environmental Law and Policy Review
Seeking to disseminate cost-benefit analysis as part of a global agenda of reforms on regulatory policy, the Organization for Economic Cooperation and Development (“OECD”) has advocated this economic tool to all its member countries. A key partner of that international organization since 2007, Brazil officially sought in 2017 to be a permanent OECD member, which means accepting orientation from that organization on policy reforms, namely regulatory policy. This Article disagrees with OECD’s recommendation because traditional cost-benefit analysis has been technically flawed and politically biased towards a deregulatory agenda. The purpose of this Article, therefore, is to analyze the potential impacts …
Environmental Justice In Little Village: A Case For Reforming Chicago’S Zoning Law, Charles Isaacs
Environmental Justice In Little Village: A Case For Reforming Chicago’S Zoning Law, Charles Isaacs
Northwestern Journal of Law & Social Policy
Chicago’s Little Village community bears the heavy burden of environmental injustice and racism. The residents are mostly immigrants and people of color who live with low levels of income, limited access to healthcare, and disproportionate levels of dangerous air pollution. Before its retirement, Little Village’s Crawford coal-burning power plant was the lead source of air pollution, contributing to 41 deaths, 550 emergency room visits, and 2,800 asthma attacks per year. After the plant’s retirement, community members wanted a say on the future use of the lot, only to be closed out when a corporation, Hilco Redevelopment Partners, bought the lot …
Out Of Sight, But Not Out Of Mind: Reevaluating The Role Of Federalism In Adequately Regulating Concentrated Animal Feeding Operations, Madhavi Kulkarni
Out Of Sight, But Not Out Of Mind: Reevaluating The Role Of Federalism In Adequately Regulating Concentrated Animal Feeding Operations, Madhavi Kulkarni
William & Mary Environmental Law and Policy Review
No abstract provided.
Safe & Environmentally Sound Recycling Of Ships: A Stocktaking Of The Current State Of International Law, Ishtiaque Ahmed
Safe & Environmentally Sound Recycling Of Ships: A Stocktaking Of The Current State Of International Law, Ishtiaque Ahmed
Fordham Environmental Law Review
Ship-breaking is one of the most dangerous occupations in the world and widely known as a pollution-heavy industry. This industry is currently concentrated primarily in three South Asian developing countries, namely Bangladesh, India and Pakistan. Ensuring the safe and environmentally sound recycling of ships remains a global concern. There are many international regulations which apply to the activities of ship-breaking, but none of them address the issue in a comprehensive manner. The most relevant international instrument governing ship recycling, the 2009 Hong Kong Convention remains unenforceable due to non-ratification by the chief ship recycling states. The only enforceable international instrument …
The Hns Convention: Will It Be A Game Changer For China’S Marine Pollution Law?, Ruixuan Zhuo
The Hns Convention: Will It Be A Game Changer For China’S Marine Pollution Law?, Ruixuan Zhuo
Natural Resources Journal
This article analyzes the international convention governing marine pollution caused by the shipment of hazardous and noxious substances (“HNS”). It also discusses China’s domestic laws and regulations of HNS marine pollution liability comparing the Chinese approach with norms under the HNS Convention. The author argues that China faces severe HNS pollution issues and proposes solutions to HNS liability and compensation problems.
New Environmental Crimes Project Data Shows That Pollution Prosecutions Plummeted During The First Two Years Of The Trump Administration, David M. Uhlmann
New Environmental Crimes Project Data Shows That Pollution Prosecutions Plummeted During The First Two Years Of The Trump Administration, David M. Uhlmann
Other Publications
The latest data from the Environmental Crimes Project at the University of Michigan Law School shows a dramatic drop in pollution prosecutions during the first two years under President Donald J. Trump. The data, which now includes 14 years of cases from 2005–2018, shows a 70 percent decrease in Clean Water Act prosecutions under President Trump, as well as a more than 50 percent decrease in Clean Air Act prosecutions. The data again shows that most defendants charged with pollution crime commit misconduct involving one or more of the aggravating factors identified in my previous scholarship, so prosecutors continue to …
Externalities As The Status Quo: Federal Application Of Environmental Charges In The United States, Robert Zupko
Externalities As The Status Quo: Federal Application Of Environmental Charges In The United States, Robert Zupko
Dissertations, Master's Theses and Master's Reports
Conceptualized as early as 1920 by English economist Arthur Cecil Pigou, but not formalized until later work in the 1970s and 1990s, “environmental charges” are a form of Pigouvian taxes that suggest the revenue burden of governance could be shifted from economic “goods” to environmental “bads”. While their association with Pigouvian taxes would suggest that environmental charges are applied as a policy instrument to encourage the reduction or elimination of environmental externalities, their application at the federal level in the United States suggests this is not the case. This report postulates that federally applied environmental charges accept environmental externalities as …
Introduction: Governing Wicked Problems, J. B. Ruhl, J. Salzman
Introduction: Governing Wicked Problems, J. B. Ruhl, J. Salzman
Vanderbilt Law School Faculty Publications
“Wicked problems.” It just says it all. Persistent social problems—poverty, food insecurity, climate change, drug addiction, pollution, and the list goes on—seem aptly condemned as wicked. But what makes them wicked, and what are we to do about them? The concept of wicked problems as something more than a generic description has its origins in the late 1960s. Professor Horst Rittel of the University of California, Berkeley, Architecture Department posed the term in a seminar to describe “that class of social system problems which are ill-formulated, where the information is confusing, where there are many clients and decision makers with …