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Articles 1 - 11 of 11
Full-Text Articles in Law
Why Chinese Wildlife Disappears As Cites Spreads, John C. Nagle
Why Chinese Wildlife Disappears As Cites Spreads, John C. Nagle
John Copeland Nagle
No abstract provided.
Endangered Species Wannabees, John Copeland Nagle
Endangered Species Wannabees, John Copeland Nagle
John Copeland Nagle
No abstract provided.
See The Mojave!, John C. Nagle
See The Mojave!, John C. Nagle
John Copeland Nagle
This article examines how the law is being asked to adjudicate disputed sights in the context of the Mojave Desert. The Mojave is the best known and most explored desert in the United States. For many people, though, the Mojave is missing from any list of America’s scenic wonders. The evolution in thinking about the Mojave’s aesthetics takes places in two acts. In the first act, covering the period from the nineteenth century to 1994, what began as a curious voice praising the desert’s scenery developed into a powerful movement that prompted Congress to enact the CDPA. The second act …
Green Harms Of Green Projects, John C. Nagle
Green Harms Of Green Projects, John C. Nagle
John Copeland Nagle
This article describes the recent development of renewable energy to examine environmental law’s three contrasting approaches to the green harms of green projects. Sometimes the law allows the green benefit regardless of the green harm. Sometimes the law prohibits the green harm regardless of the green benefit. And sometimes the law allows a balancing of all of the harms and benefits, green or not. Given these options, I argue that the law should not ignore or understate green harms even if they are caused by green projects. There are some types of green harms that no benefit can justify. But …
The Evangelical Debate Over Climate Change, John Copeland Nagle
The Evangelical Debate Over Climate Change, John Copeland Nagle
John Copeland Nagle
No abstract provided.
Cercla, Causation, And Responsibility, John C. Nagle
Cercla, Causation, And Responsibility, John C. Nagle
John Copeland Nagle
No abstract provided.
The Spiritual Values Of Wilderness, John C. Nagle
The Spiritual Values Of Wilderness, John C. Nagle
John Copeland Nagle
The Wilderness Act of 1964 is the principal legal mechanism for preserving wilderness in the United States. The law now protects over 100 million acres of federal land, half of which is in Alaska. Yet the contested meaning of the term wilderness continues to affect the management of those wilderness areas, and the designation of additional lands as wilderness areas. Much current thinking about wilderness emphasizes the ecological and recreational interests that Congress cited when it enacted the law. These justifications for wilderness preservation are important, but they are incomplete. They are best supplemented by a better understanding of the …
The Missing Chinese Environmental Law Statutory Interpretation Cases, John C. Nagle
The Missing Chinese Environmental Law Statutory Interpretation Cases, John C. Nagle
John Copeland Nagle
No abstract provided.
How Much Should China Pollute?, John C. Nagle
How Much Should China Pollute?, John C. Nagle
John Copeland Nagle
The debate concerning how much China should pollute is at the heart of international negotiations regarding climate change and environmental protection more generally. China is the world’s leading polluter and leading emitter of greenhouse gases. It insists that it has a right to emit as much as it wants in the future. China interprets the principle of “common but differentiated responsibilities” to mean that China has a responsibility to help avoid the harmful consequences associated with climate change, but that its responsibility is different from that imposed on the United States and the rest of the developed world. In fact, …
The Effectiveness Of Biodiversity Law, John C. Nagle
The Effectiveness Of Biodiversity Law, John C. Nagle
John Copeland Nagle
The Endangered Species Act (ESA) has generated a heated debate between those who believe that the law has succeeded and those who believe that the law has failed. The resolution to that debate depends upon whether the law’s stated purposes or some other criteria provide the basis for judging a law’s effectiveness. Meanwhile, since the enactment of the ESA in 1973, biodiversity protection has received growing attention in the nations of southeastern Asia. So far, the law has been much less effective in protecting Asian biodiversity from habitat loss, commercial exploitation, and other threats, yet southeastern Asia’s biodiversity law has …
The Commerce Clause Meets The Delhi Sands Flower-Loving Fly, John C. Nagle
The Commerce Clause Meets The Delhi Sands Flower-Loving Fly, John C. Nagle
John Copeland Nagle
Is the Endangered Species Act constitutional? The D.C. Circuit considered that question in National Association of Home Builders v. Babbitt in 1997. More specifically, the case considered whether the congressional power to regulate interstate commerce authorized the ESA's prohibition upon building a large regional hospital in the habitat of an endangered fly that lives only in a small area of southern California. The three judges on the D.C. Circuit approached the question from three different perspectives: the relationship between biodiversity as a whole and interstate commerce, the relationship between the fly and interstate commerce, and the relationship between the hospital …