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Environmental Law

2009

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Articles 1 - 30 of 581

Full-Text Articles in Law

Clearing The Air In Copenhagen, Richard Faulk Dec 2009

Clearing The Air In Copenhagen, Richard Faulk

Richard Faulk

As I prepare to depart for the Copenhagen climate change conference, the entire process seems awash in doubt, confusion, and controversy. Despite the grand hopes of many members of the international community, including many respected politicians and scientists, even the most optimistic advocates concede that it will be impossible to secure a comprehensive and binding climate change agreement. Instead, the delegates will seek a consensus that will guide the drafting and presentation of a formal treaty sometime in 2010, either in Bonn or in Mexico City.


Marine Spatial Planning Is Coming To An Ocean Near You, Robert S. Pomeroy Dec 2009

Marine Spatial Planning Is Coming To An Ocean Near You, Robert S. Pomeroy

Wrack Lines

There are too many conflicting uses of the ocean in a time where resources are rapidly dwindling. Marine Spatial Planning is catching on globally, and may soon come to Long Island Sound, but it may be difficult to decide who gets to do what, where.


A Bright Idea From The Black Canyon: Federal Judicial Review Of Reserved Water Right Settlements, Reed D. Benson Dec 2009

A Bright Idea From The Black Canyon: Federal Judicial Review Of Reserved Water Right Settlements, Reed D. Benson

Faculty Scholarship

Under the reserved water rights doctrine, lands the federal government has designated for a particular purpose have rights to sufficient water to fulfill that purpose. Reserved water rights are also known as Winters rights after the doctrine's foundational case, in which the United States Supreme Court held that Congress must have intended to reserve sufficient water to irrigate an Indian reservation although the treaty establishing that reservation said nothing about water.


Beautifying The Ugly Step-Sister: Desiging An Effective Cap-And-Trade Program To Reduce Greenhouse Gas Emissions, Miles Young Dec 2009

Beautifying The Ugly Step-Sister: Desiging An Effective Cap-And-Trade Program To Reduce Greenhouse Gas Emissions, Miles Young

BYU Law Review

No abstract provided.


Environmental Law In The Supreme Court: Highlights From The Marshall Papers, Robert V. Percival Nov 2009

Environmental Law In The Supreme Court: Highlights From The Marshall Papers, Robert V. Percival

Robert Percival

Justice Marshall served on the Court from 1967 until 1991. During that period, Congress passed all of the major federal environmental statutes and environmental regulation mushroomed. As a result, the Marshall papers reveal how the Court reached decisions that have shaped modern environmental law. The author, a former law clerk to former Justice Byron White and an associate professor of law at the University of Maryland, begins by describing the history of the Court's treatment of environmental disputes. He then discusses the steps the Justices take in deciding whether to accept cases for review; in reaching decisions on the ...


Environmental Law In The Twenty-First Century, Robert V. Percival Nov 2009

Environmental Law In The Twenty-First Century, Robert V. Percival

Robert Percival

No abstract provided.


The March To Copenhagen And The Quest For Climate Justice, Ondotimi Songi, Timipere Songi Nov 2009

The March To Copenhagen And The Quest For Climate Justice, Ondotimi Songi, Timipere Songi

Ondotimi Songi

Following events preceding the Copenhagen conference on climate change, the article looks at whether world leaders can seal a comprehensive, fair, effective and binding climate change deal. It traces efforts at addressing climate change from a policy and legal perspective noting that the discussion on climate change has focused on environmental and economic costs and suggesting that the issue be seen from a human rights and development perspective so as to realign strategies and programmes on mitigation and adaptation. From an African perspective, as a continent that is worst hit by climate change, it is noted that apart from insisting ...


The Clean Water Act And The Demise Of The Federal Common Law Of Interstate Nuisance, Robert V. Percival Nov 2009

The Clean Water Act And The Demise Of The Federal Common Law Of Interstate Nuisance, Robert V. Percival

Robert Percival

No abstract provided.


Environmental Federalism: Historical Roots And Contemporary Models, Robert V. Percival Nov 2009

Environmental Federalism: Historical Roots And Contemporary Models, Robert V. Percival

Robert Percival

No abstract provided.


The Bounds Of Consent: Consent Decrees, Settlements And Federal Environmental Policy Making, Robert V. Percival Nov 2009

The Bounds Of Consent: Consent Decrees, Settlements And Federal Environmental Policy Making, Robert V. Percival

Robert Percival

No abstract provided.


Who's Afraid Of The Precautionary Principle?, Robert V. Percival Nov 2009

Who's Afraid Of The Precautionary Principle?, Robert V. Percival

Robert Percival

The precautionary principle – the notion that lack of scientific certainty should not foreclose precautionary regulation – has become enormously popular in recent years, as reflected by its endorsement in many important international declarations and agreements. Despite its growing influence, the precautionary principle recently has come under fire by critics who argue that it is incoherent, potentially paralyzing, and that it will lead regulators to make bad choices. They maintain that society faces greater peril from overly costly regulations than from exposure to sources of environmental risks whose effect on human health and the environment is not fully understood at present. This ...


Responding To Environmental Risk: A Pluralistic Perspective, Robert V. Percival Nov 2009

Responding To Environmental Risk: A Pluralistic Perspective, Robert V. Percival

Robert Percival

No abstract provided.


Escaping The Common Law's Shadow: Standing In The Light Of Laidlaw, Robert V. Percival, Joanna B. Goger Nov 2009

Escaping The Common Law's Shadow: Standing In The Light Of Laidlaw, Robert V. Percival, Joanna B. Goger

Robert Percival

No abstract provided.


Who Sues For Divorce? From Fault Through Fiction To Freedom, Lawrence M. Friedman, Robert V. Percival Nov 2009

Who Sues For Divorce? From Fault Through Fiction To Freedom, Lawrence M. Friedman, Robert V. Percival

Robert Percival

No abstract provided.


The Role Of Attorney Fee Shifting In Public Interest Litigation, Robert V. Percival, Geoffrey P. Miller Nov 2009

The Role Of Attorney Fee Shifting In Public Interest Litigation, Robert V. Percival, Geoffrey P. Miller

Robert Percival

No abstract provided.


Water Pollution Control: Lessons From Transnational Experience, Robert V. Percival Nov 2009

Water Pollution Control: Lessons From Transnational Experience, Robert V. Percival

Robert Percival

Water is fundamental to life, as reflected in space scientists' compulsive search for signs of its presence when scrutinizing other planets for possible life forms. Fortunately for our species, more than two-thirds of our planet is covered with water, creating an environment richly conducive to life. Humans have just begun to appreciate how precious earth's water resources are and how vulnerable they are to damage from human activity. Efforts to protect earth's water resources from contamination have been among the most prominent catalysts for the development of environmental law thoroughout the world. After surveying this experience, this paper ...


El Surgimiento Del Derecho Ambiental Global, Robert V. Percival Nov 2009

El Surgimiento Del Derecho Ambiental Global, Robert V. Percival

Robert Percival

Legal systems across the globe are responding to environmental concerns in surprising new ways. As nations upgrade their environmental standards, some are transplanting law and regulatory policy innovations derived from the experience of other countries, including nations with very different legal and cultural traditions. New national, regional, and international initiatives have been undertaken both by governments and private organizations. Greater cross-border collaboration between government officials, nongovernmental organizations, multinational corporations and other entities is shaping environmental policy in ways that blur traditional private/public land domestic/international distinctions. The result has been the emergence of a kind of “global environmental law ...


A Tale Of Two Courts: Litigation In Alameda And San Benito Counties, Lawrence M. Friedman, Robert V. Percival Nov 2009

A Tale Of Two Courts: Litigation In Alameda And San Benito Counties, Lawrence M. Friedman, Robert V. Percival

Robert Percival

No abstract provided.


The Processing Of Felonies In The Superior Court Of Alameda County 1880-1974, Lawrence M. Friedman, Robert V. Percival Nov 2009

The Processing Of Felonies In The Superior Court Of Alameda County 1880-1974, Lawrence M. Friedman, Robert V. Percival

Robert Percival

No abstract provided.


The Frictions Of Federalism: The Rise And Fall Of The Federal Common Law Of Interstate Nuisance, Robert V. Percival Nov 2009

The Frictions Of Federalism: The Rise And Fall Of The Federal Common Law Of Interstate Nuisance, Robert V. Percival

Robert Percival

Prior to the erection in the 1970s of a comprehensive federal regulatory infrastructure to protect the environment, transboundary pollution disputes frequently were adjudicated by the U.S. Supreme Court, exercising its original jurisdiction over disputes between states. In a series of cases commencing at the dawn of the Twentieth Century, the Court served as a national arbiter of interstate pollution disputes. This paper reviews the history of the Supreme Court's use of these cases to develop a federal common law of interstate nuisance. The paper argues that while federal common law initially performed a zoning function by encouraging polluters ...


Conservation And Renewable Energy Sources As Supply Alternatives For New York's Electric Utilities, Robert V. Percival Nov 2009

Conservation And Renewable Energy Sources As Supply Alternatives For New York's Electric Utilities, Robert V. Percival

Robert Percival

No abstract provided.


The Challenge Of Chinese Environmental Law, Robert V. Percival Nov 2009

The Challenge Of Chinese Environmental Law, Robert V. Percival

Robert Percival

China faces some of the most difficult environmental problems in the world as rapid industrial growth has produced horrendous air and water pollution. How China’s government responds to these challenges will have profound effects on the global environment. This essay discusses how Chinese environmental laws are evolving to cope with these problems and the severe obstacles that Chinese authorities face. It notes that the highly decentralized nature of China’s system of environmental laws makes it difficult for the central government to implement and enforce the laws. The essay concludes that, despite some progress, the lack of an independent ...


Restoring Regulatory Policy To Serve The Public Interest, Robert V. Percival Nov 2009

Restoring Regulatory Policy To Serve The Public Interest, Robert V. Percival

Robert Percival

No abstract provided.


Resolución De Conflictos Ambientales: Lecciones Aprendidas De La Historia De La Contaminación De Las Fundiciones De Minerales, Robert V. Percival Nov 2009

Resolución De Conflictos Ambientales: Lecciones Aprendidas De La Historia De La Contaminación De Las Fundiciones De Minerales, Robert V. Percival

Robert Percival

No abstract provided.


21世纪环境法展望 (Environmental Law In The 21st Century), Robert V. Percival Nov 2009

21世纪环境法展望 (Environmental Law In The 21st Century), Robert V. Percival

Robert Percival

After reviewing the history of environmental law, this article discusses some important lessons that can be learned from its successes and failures. It discusses the continued influence of common law notions of causal injury on the administrative state and how the globalization of environmental concerns is affecting environmental law throughout the world. It concludes by venturing some predictions concerning the future of environmental law.


The Emergence Of Global Environmental Law, Tseming Yang, Robert V. Percival Nov 2009

The Emergence Of Global Environmental Law, Tseming Yang, Robert V. Percival

Robert Percival

With the global growth of public concern about environmental issues over the last several decades, environmental legal norms have become increasingly internationalized. This development has been reflected both in the surge of international environmental agreements as well as the growth and increased sophistication of national environmental legal systems around the world. The result is the emergence of a set of legal principles and norms regarding the environment, such that one can arguably describe it as a body of law. After exploring the diverse forces that are contributing to the emergence of what we call “global environmental law,” this Article considers ...


Bad Science, Linda Greer, Rena I. Steinzor Nov 2009

Bad Science, Linda Greer, Rena I. Steinzor

Rena I. Steinzor

No abstract provided.


Will Superfund Rise Again?, Rena I. Steinzor Nov 2009

Will Superfund Rise Again?, Rena I. Steinzor

Rena I. Steinzor

The federal hazardous waste cleanup program and its state progency have been in decline for more than a decade, victims to a campaign of sabotage waged by industry and neglected by the Bush administration. Meanwhile, stakeholders do their best to ignore the program's sorry state. A sad story, but there may be a surprise ending in store.


Setting It Straight: A Thirtieth Anniversary Gathering ... In Memory Of The Little Tennessee River And Its Valley, Zygmunt J.B. Plater Nov 2009

Setting It Straight: A Thirtieth Anniversary Gathering ... In Memory Of The Little Tennessee River And Its Valley, Zygmunt J.B. Plater

Snail Darter Documents

Distributed at an event to mark the 30th anniversary of the completing of the Tellico River Dam. The event is described as "A Reunion of Tellico Dam Resisters: farmers & landowners, sportsmen, the Eastern Band of Cherokees, & conservationts," held in Vonore, TN on November 14, 2009.


Regulatory Dysfunction: How Insufficient Resources, Outdated Laws, And Political Interference Cripple The 'Protector Agencies', Sidney A. Shapiro, Rena I. Steinzor, Matthew Shudtz Nov 2009

Regulatory Dysfunction: How Insufficient Resources, Outdated Laws, And Political Interference Cripple The 'Protector Agencies', Sidney A. Shapiro, Rena I. Steinzor, Matthew Shudtz

Rena I. Steinzor

In the last several years, dramatic failures of the nation’s food safety system have sickened or killed tens of thousands of Americans, and caused billions of dollars of damages for producers and distributors of everything from fresh vegetables to granola bars and hamburger meat. In each case, the outbreak of food-borne illness triggered what can only be described as a frantic scramble by health officials to discover its source. Inevitably, the wrong lead is followed or a recall is too late or too narrow to prevent further illnesses, and the government has to defend itself against withering criticism. Americans ...