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Articles 1 - 30 of 592
Full-Text Articles in Law
Legal And Non-Legal Agricultural Practices: Toward A Sustainable Future In Malaysia’S Palm Oil Industry, Hanim Kamaruddin, Harlida Abdul Wahab, Haslinda Mohd Anuar
Legal And Non-Legal Agricultural Practices: Toward A Sustainable Future In Malaysia’S Palm Oil Industry, Hanim Kamaruddin, Harlida Abdul Wahab, Haslinda Mohd Anuar
Indonesia Law Review
As a major global producer of palm oil products, Malaysia is familiar with criticisms of its palm oil cultivation, poor agricultural practices and decisions during the planting process. Loss of biodiversity and deforestation resulting from unsustainable palm oil practices are perceived as major setbacks for the environment in Malaysia. However, at the same time as Malaysia stands committed to the palm oil industry and its contribution to job growth and poverty reduction, the relevant stakeholders are creating strategies for sustainable production. Together with relevant environmental laws to prevent and control impacts from climate change, loss of biodiversity and deforestation, environmental …
Citizen And Legal Regulation Of The Use Of Certain Categories Of Land Plots, O. Kholmuminov
Citizen And Legal Regulation Of The Use Of Certain Categories Of Land Plots, O. Kholmuminov
Review of law sciences
The article deals with civil legal regulation of the right to use certain categories of land plots. Civil legal regulation of the right to use land basing on the experience of foreign countries has also been studied, and theoretical and practical recommendations have been given to advancing the legislation of this problem.
The Improvement Of Agrarian Legislation In A Changing Climate (By The Example Of Uzbekistan), N.K. Skripnikov, R. Kenjaev
The Improvement Of Agrarian Legislation In A Changing Climate (By The Example Of Uzbekistan), N.K. Skripnikov, R. Kenjaev
Review of law sciences
Emphasizing the urgency of the problems associated with climate change, the authors provide the definitions of the concepts “weather” and “climate”, reveal the features of climate change for agricultural production, show both negative and positive potential consequences in this area of relations using international legal acts and analysis of the legislation of the Republic of Uzbekistan, it is proposed to make appropriate amendments to the existing agrarian and natural resource legislation in order to adapt and risk mitigation
Legal Issues Of The Allocation Of The Castle Plots For Business Activities, R. Toshboeva
Legal Issues Of The Allocation Of The Castle Plots For Business Activities, R. Toshboeva
Review of law sciences
the article discloses a number of negative consequences of using the land resources in the process of business activities. Author analyzed national legislation and foreign practice regarding this issue and on their basis, proposals are developed for further improvement of legislation.
Tribal Tools & Legal Levers For Halting Fossil Fuel Transport & Exports Through The Pacific Northwest, Mary Christina Wood
Tribal Tools & Legal Levers For Halting Fossil Fuel Transport & Exports Through The Pacific Northwest, Mary Christina Wood
American Indian Law Journal
As alarming scientific predictions crystallize into the realities of today’s climate crisis, tribal communities in the Pacific Northwest find themselves on the front lines of a global assault launched by the fossil fuel industry. Encouraged by President Trump’s declaration of intent to unleash $50 trillion of America’s domestic fossil fuels, corporations push for massive expansion of the nation’s fossil fuel infrastructure—even as the world races towards irrevocable climate thresholds. The unprecedented onslaught hinges on the Pacific Northwest as a key link in a global market scheme. The coastal region sits as a proposed industrial gateway for huge export facilities transporting …
Crow Indian Tribe V. United States, Hallee Kansman
Crow Indian Tribe V. United States, Hallee Kansman
Public Land & Resources Law Review
The protection status of the Greater Yellowstone grizzly bear continues to elicit debate and find its way into the courtroom. In Crow Indian Tribe v. United States, for the second time in the last decade, a court held the Service’s attempt to delist the Yellowstone Grizzly arbitrary and capricious. Specifically, the court found the Service’s evaluation of remnant populations, recalibration, and genetic health deficient. This case demonstrates the importance in and the resilient motivation behind preserving grizzly bear populations and genetics. As the practice of delisting a species under the Endangered Species Act continues, this case will provide important …
Why Corporate Attorneys And Other Gatekeepers Should Consider Esg And Sustainability Principles, Beth Haddock, Tucker Pribor, Kate Starr
Why Corporate Attorneys And Other Gatekeepers Should Consider Esg And Sustainability Principles, Beth Haddock, Tucker Pribor, Kate Starr
Fordham Environmental Law Review
No abstract provided.
The Role Of The Chief Executive Officer In Firm Environmental Decisions, Timothy D. Hubbard
The Role Of The Chief Executive Officer In Firm Environmental Decisions, Timothy D. Hubbard
Fordham Environmental Law Review
No abstract provided.
A Gap In Causation? Punishing Polluters For Contributing To Climate Change & Increasing Violent Crime, Nicolette Pellegrino
A Gap In Causation? Punishing Polluters For Contributing To Climate Change & Increasing Violent Crime, Nicolette Pellegrino
Pace Environmental Law Review
Climate change will lead to an increase in violent crime. More rapes and violent felonies occur during the warm summer months than in cooler temperatures. As climate change progresses, there will be longer summers, higher temperatures, and thus, more violent crime. This Note examines whether American sanctions of environmental crimes that contribute to climate change should become more stringent given what we now know about the violent consequences of climate change. Part II of this Note describes the history and scientific evidence which proves that rising temperatures increase the rate of violent crimes. Part III reviews current regulations that deal …
The Carbon Tax Vacuum And The Debate About Climate Change Impacts: Emission Taxation Of Commodity Crop Production In Food System Regulation, Gabriela Steier
The Carbon Tax Vacuum And The Debate About Climate Change Impacts: Emission Taxation Of Commodity Crop Production In Food System Regulation, Gabriela Steier
Pace Environmental Law Review
The scientific consensus on climate change is far ahead of U.S. policy on point. In fact, the U.S. has a legal vacuum of carbon taxation while climate change continues to impact the codependence of agriculture and the environment. As this Article shows, carbon taxes follow the polluter-pays model, levying taxes on the highest greenhouse gas (“GHG”) emissions—and contributions to climate change. But this is not only unsustainable; it would also undermine agricultural production and, thus, food security. This Article describes how the law can regulate climate change contributions and promote adaptation and mitigation supported through carbon taxes in the agricultural …
Accurate Economics To Protect Endangered Species And Their Critical Habitats, Jacob P. Byl
Accurate Economics To Protect Endangered Species And Their Critical Habitats, Jacob P. Byl
Pace Environmental Law Review
Federal agencies currently use a methodology that finds negligible benefits of protecting critical habitat for endangered species, despite the prime real estate that is often involved. The Endangered Species Act already calls for economic analysis, but agencies currently treat it as a meaningless hoop to jump through. Agencies justify this hollow exercise by pointing to the difficulty in quantifying the increment of added protection that comes with critical habitat designation. However, the increment of added protection for critical habitat can be measured using methods already employed by agencies in other environmental analyses. Although the central benefits of critical habitat are …
President Trump’S Unilateral Attempt To Cease All Implementation Of The Paris Agreement And To Withdraw From It: Constitutional?, Phillip M. Kannan
President Trump’S Unilateral Attempt To Cease All Implementation Of The Paris Agreement And To Withdraw From It: Constitutional?, Phillip M. Kannan
Pace Environmental Law Review
In his announcement, President Trump stated that he would comply with the withdrawal provision in the Paris Agreement. This Essay argues that, while compliance with that process may satisfy the treaty obligation, it probably does not conform to U.S. constitutional standards, and therefore, would not be binding on the United States. The argument demonstrating the failure of the President to satisfy constitutional standards proceeds as follows. Part I develops the context in which the Paris Agreement arose. Part II briefly summarizes the Paris Agreement. In Part III, I argue that President Trump’s attempt to cease implementation of the Paris Agreement …
Planning For Excellence: Insights From An International Review Of Regulators’ Strategic Plans, Adam M. Finkel, Daniel E. Walters, Angus Corbett
Planning For Excellence: Insights From An International Review Of Regulators’ Strategic Plans, Adam M. Finkel, Daniel E. Walters, Angus Corbett
Pace Environmental Law Review
What constitutes regulatory excellence? Answering this question is an indispensable first step for any public regulatory agency that is measuring, striving towards, and, ultimately, achieving excellence. One useful way to answer this question would be to draw on the broader literature on regulatory design, enforcement, and management. But, perhaps a more authentic way would be to look at how regulators themselves define excellence. However, we actually know remarkably little about how the regulatory officials who are immersed in the task of regulation conceive of their own success.
In this Article, we investigate regulators’ definitions of regulatory excellence by drawing on …
Bringing The European Eel Back From The Brink: The Need For A New Agreement Under The Convention On Migratory Species, Chris Wold
Pace Environmental Law Review
The European eel is considered “Critically Endangered.” Its population has been declining due to overutilization, barriers to migration such as dams, pollution, and climate change. The international community has responded by including the European eel in Appendix II of the Convention on International Trade in Endangered Species (“CITES”) to regulate international trade and Appendix II of the Convention on Migratory Species (“CMS”) to help improve the species conservation status. The EU has taken regional action to prohibit imports into and exports from EU Member States, although intra-EU trade is permissible. Despite these actions, the eel’s conservation status might not be …
Ten Years Of Economic Analyses For The European Marine Strategy Framework Directive: Overview Of Experiences And Lessons Learned, Rob Van Der Veeren, Ann Kathrin Buchs, Günter Hörmandinger, Soile Oinonen, Conceição Santos, Max Vretborn
Ten Years Of Economic Analyses For The European Marine Strategy Framework Directive: Overview Of Experiences And Lessons Learned, Rob Van Der Veeren, Ann Kathrin Buchs, Günter Hörmandinger, Soile Oinonen, Conceição Santos, Max Vretborn
Journal of Ocean and Coastal Economics
The European Marine Strategy Framework Directive, which came into force in 2008, requires from Member States inter alia to perform various (types of) economic analyses. In order to help Member States to implement this directive, the European working group on Economic and Social Analysis was initiated in 2009. This working group has developed various guidance documents which have been very useful in helping each other to understand the Directive and its requirements, to develop one language, to understand the pros and cons of various approaches, and to share experiences. However, up until now, outside of this working group this information …
Surrogate Science And Judicial Deference To Agency Findings: How The Ninth Circuit Keeps Exemptions For Bioenergy On Track In Helping Hand Tools V. Epa, Joshua Schmid
Villanova Environmental Law Journal
No abstract provided.
The Native Species Protection Act: A Deceptively-Named Measure To Destroy The Endangered Species Act, Daniel Fors
The Native Species Protection Act: A Deceptively-Named Measure To Destroy The Endangered Species Act, Daniel Fors
Villanova Environmental Law Journal
No abstract provided.
Trust The Process? The Supreme Court Of Pennsylvania's Broad Interpretation Of The Environmental Rights Amendment Sent Shockwaves Through The Commonwealth In Pennsylvania Environmental Defense Foundation V. Commonwealth, Rebecca A. Cabrera
Villanova Environmental Law Journal
No abstract provided.
Standing Up For A Cleaner Town: How The Ehb's Broad Definition Of Standing In Friends Of Lackawanna V. Department Of Environmental Protection Expands Citizens' Appellate Rights, Zoey H. Lee
Villanova Environmental Law Journal
No abstract provided.
Alaska Oil & Gas Association V. Pritzker: The Court Foresees A Warm Future And Upholds Bearded Seals' Esa Listing, Shawna Riley
Alaska Oil & Gas Association V. Pritzker: The Court Foresees A Warm Future And Upholds Bearded Seals' Esa Listing, Shawna Riley
Villanova Environmental Law Journal
No abstract provided.
New Jersey's Legal Duty To Manage Its Coastline In Preparation For The Wrath Of Climate Change, Sarah Weiss Rozalis
New Jersey's Legal Duty To Manage Its Coastline In Preparation For The Wrath Of Climate Change, Sarah Weiss Rozalis
Villanova Environmental Law Journal
No abstract provided.
Mining For Answers: The Supreme Court Of California Addresses The State's Ability To Exercise Its Police Powers On Federal Land In People V. Rinehart, Rohan Mohanty
Villanova Environmental Law Journal
No abstract provided.
No Harm, No Foul: How The Ninth Circuit's Decision In Ground Zero Center For Non-Violent Action V. United States Department Of The Navy Essentially Weakens The Eis As An Enforcement Mechanism Of Nepa, Kathryn T. Siegeltuch
No Harm, No Foul: How The Ninth Circuit's Decision In Ground Zero Center For Non-Violent Action V. United States Department Of The Navy Essentially Weakens The Eis As An Enforcement Mechanism Of Nepa, Kathryn T. Siegeltuch
Villanova Environmental Law Journal
No abstract provided.
Green Supply Chain Management: A Perspective On Best Practices In Gscm Design, Leroy Paddock, Natasha Rao
Green Supply Chain Management: A Perspective On Best Practices In Gscm Design, Leroy Paddock, Natasha Rao
Arkansas Law Review
No abstract provided.
Reclaiming Energy Efficiency In An Age Of Petroleum Exclusion, Monika Ehrman
Reclaiming Energy Efficiency In An Age Of Petroleum Exclusion, Monika Ehrman
Arkansas Law Review
No abstract provided.
Contracting For Sustainable Surface Management, Tara Righetti
Contracting For Sustainable Surface Management, Tara Righetti
Arkansas Law Review
No abstract provided.
Keynote: Motivating Private Climate Governance: The Role Of The Efficiency Gap, Michael P. Vandenbergh
Keynote: Motivating Private Climate Governance: The Role Of The Efficiency Gap, Michael P. Vandenbergh
Arkansas Law Review
The topic of this symposium, “Environmental Sustainability and Private Governance,” is important and timely. In response to the shrinking federal role in environmental protection, many policy advocates have focused on the role of states and cities, but this symposium focuses on another important source of sustainability initiatives: the private sector, including corporations, households, civic and cultural organizations, religious organizations, private hospitals, colleges and universities, and other organizations. States, cities, and other subnational government responses are increasingly important, but the limited geographic reach of subnational governments constrains their ability to address many environmental problems. For instance, although twenty states have set …
1-Click Energy: Managing Corporate Demand For Clean Power, Gina S. Warren
1-Click Energy: Managing Corporate Demand For Clean Power, Gina S. Warren
Maryland Law Review
Globally, more private businesses, especially Fortune 100 companies are generating their own electricity, investing in renewable energy facilities, and voluntarily purchasing renewable energy credits to cover their carbon footprints. This shift could have a significant impact on the existing energy delivery system. On the one hand, this shift shows positive momentum toward the incorporation of clean energy into a fossil fuel dominated grid. As the negative impacts of climate change accelerate around the globe, decreasing reliance on fossil fuels is certainly an important goal. On the other hand, corporate disruption of what has historically been a highly regulated public service …
The Bureau Of Land Management's Infirm Compensatory Mitigation Policy, Justin Pidot
The Bureau Of Land Management's Infirm Compensatory Mitigation Policy, Justin Pidot
Fordham Environmental Law Review
Secretary of the Interior Ryan Zinke has described “compensatory mitigation” as “un-American” and “extortion.” In keeping with that view, on July 26, 2018, the Bureau of Land Management (“BLM”) adopted a radical new policy that disclaims statutory authority to impose compensatory mitigation measures.
Notwithstanding the aspersions the Secretary has cast, compensatory mitigation is a common-sense policy instrument that has been a mainstay of environmental and public lands policy for decades. It is a tool through which an agency authorizing private activities—drilling oil wells, filling wetlands—conditions its approval upon the implementation of measures to offset attendant environmental harms. Compensatory mitigation thereby …
The Affordable Clean Energy Rule And The Past, Present And Future Of Climate Change Regulation Of The U.S. Power Industry, David Zilberberg
The Affordable Clean Energy Rule And The Past, Present And Future Of Climate Change Regulation Of The U.S. Power Industry, David Zilberberg
Fordham Environmental Law Review
No abstract provided.