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Environmental Law

Selected Works

2013

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Articles 151 - 159 of 159

Full-Text Articles in Law

Why (And How) Conservatives Should Support Smart Growth, Michael Lewyn Dec 2012

Why (And How) Conservatives Should Support Smart Growth, Michael Lewyn

Michael E Lewyn

Conservatives have generally been critical of the smart growth movement, because they often fear that smart growth is synonymous with overregulation of land use. This article explains why sprawl threatens conservative values, and suggests conservative-friendly smart growth policies that can both make government less intrusive and make America more walkable.

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The Green Job Engine In Portugal, Kyle Herman Dec 2012

The Green Job Engine In Portugal, Kyle Herman

Dr. Kyle S. Herman

Renewable energy technology has come under fierce criticism around the world through the duration of the Global Financial Crisis. Opponents of a state-oriented renewable energy policy infer that the high cost of such technology has negative macroeconomic effects on the economy. This paper investigates the broader economic effects of renewable energy policy in Portugal. Research indicates the government has built cohesive renewable energy policy to foster a strong network of jobs and technologies in the industry. The Wind Energy Industrial Cluster, an innovation centre to drive wind energy technology, is an example of government policy which has fostered strong industrial …

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The Architecture Of Ignorance, Gregg Macey Dec 2012

The Architecture Of Ignorance, Gregg Macey

Gregg P. Macey

This Article develops an approach to environmental law that I refer to as “data-intensive regulation.” The origins of data-intensive regulation lie in the public’s ability to gather, for the first time, data at spatial and temporal scales of its choosing. This capability, and the knowledge-building efforts it supports, will eclipse the theoretical and computational procedures that guided environmental law’s enactment. As environmental law evolves from a data-starved to data-rich enterprise, pollution control and ecosystem management will need to respond in two ways, focusing less on data supply and more on the demands of data users and the data’s underlying architecture. …

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Energy And Environment Policy Case For A Global Project, Thomas A. Faunce Dec 2012

Energy And Environment Policy Case For A Global Project, Thomas A. Faunce

Thomas A Faunce

A policy case is made for a global project on artificial photosynthesis including its scientific justification, potential governance structure and funding mechanisms.

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Environmental Justice And International Environmental Law, Carmen G. Gonzalez Dec 2012

Environmental Justice And International Environmental Law, Carmen G. Gonzalez

Carmen G. Gonzalez

Environmental justice lies at the heart of many environmental disputes between the global North and the global South as well as grassroots environmental struggles within nations. However, the discourse of international environmental law is often ahistorical and technocratic. It neither educates the North about its inordinate contribution to global environmental problems nor provides an adequate response to the concerns of nations and communities disproportionately burdened by poverty and environmental degradation. This article examines some of the root causes of environmental injustice among and within nations from the colonial period to the present, and discusses several strategies that can be used …

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The Interest Convergence Of Education Reform And Economic Development: A Response To "The State Of Our Unions", Jonathan C. Augustine Dec 2012

The Interest Convergence Of Education Reform And Economic Development: A Response To "The State Of Our Unions", Jonathan C. Augustine

Jonathan C. Augustine

No abstract provided.

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Environmental Justice In The Deep South: A Golden Anniversary Reflection On Stimulus And Change, Jonathan C. Augustine Dec 2012

Environmental Justice In The Deep South: A Golden Anniversary Reflection On Stimulus And Change, Jonathan C. Augustine

Jonathan C. Augustine

2013 marks the 50th anniversary of Letter From Birmingham Jail written by the late Reverend Dr. Martin Luther King, Jr. (“King”). After being arrested on Good Friday in Birmingham, Alabama, King wrote the famous letter as an indictment against the state of racial injustice in the Deep South. Indeed, for King, the American Civil Rights Movement (“the Movement”) was born in response to the legal system’s contradiction between ideals of law and justice and the reality of racial discrimination. In the fifty years since King wrote Letter From Birmingham Jail, much has changed in America. In addition to the Movement …

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Climate Engineering Research: A Precautionary Response To Climate Change?, Jesse Reynolds, Floor Fleurke Dec 2012

Climate Engineering Research: A Precautionary Response To Climate Change?, Jesse Reynolds, Floor Fleurke

Jesse Reynolds

In the face of dire forecasts for anthropogenic climate change, climate engineering is increasingly discussed as a possible additional set of responses to reduce climate change’s threat. These proposals have been controversial, in part because they – like climate change itself – pose uncertain risks to the environment and human well-being. Under these challenging circumstances of potential catastrophe and risk-risk trade-off, it is initially unclear to what extent precaution is applicable. We examine what precaution is and is not, and make a prima facie case that climate engineering may provide means to reduce climate risks. When precaution is applied to …

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Standard Of Review Of Health And Environmental Regulations By Wto Panels, Lukasz A. Gruszczynski Dec 2012

Standard Of Review Of Health And Environmental Regulations By Wto Panels, Lukasz A. Gruszczynski

Lukasz A Gruszczynski

This chapter assesses the applicable standard of review in sanitary and phytosanitary (SPS) disputes with complex factual issues. In particular, the chapter analyzes how the new deferential standard, set out by the Appellate Body (AB) in US/Canada - Continued Suspension of Obligations in the EC – Hormones Dispute, is actually applied in practice (determining reasonableness of risk assessment, not its correctness). To this end, the AB report in Australia – Measures Affecting the Importation of Apples from New Zealand is scrutinized. The conclusion is reached that although the applicable standard of review under the SPS Agreement (particularly under Articles 2.2 …

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