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SelectedWorks

Selected Works

2014

Environmental law

Articles 1 - 5 of 5

Full-Text Articles in Law

The Precautionary Principle In The Colombian Constitutional Jurisprudence: Scientific Uncertainty And Selective Omissions [En Español], Daniel A. Monroy, Camilo E. Ossa Apr 2014

The Precautionary Principle In The Colombian Constitutional Jurisprudence: Scientific Uncertainty And Selective Omissions [En Español], Daniel A. Monroy, Camilo E. Ossa

Daniel A Monroy C

En el presente artículo se propone hacer una lectura crítica al principio de precaución, buscando profundizar, de manera específica, algunas cuestiones que minan el equilibrio del principio como instrumento guía para la toma decisiones de quien corresponde tomarlas. Así, el artículo está estructurado en dos partes, (i) por un lado se aborda la cuestión teórica, desarrollando la concepción que, en la doctrina, se tiene frente al principio, teniendo en cuenta dos aspectos esenciales como son: las implicaciones que supone afronta la “incertidumbre científica”, elemento fundamental del principio; y, la defensa de la tesis según la cual en muchos casos la …


C(R)Ap And Trade: The Brave New World Of Non-Point Source Nutrient Trading And Using Lessons From Greenhouse Gas Markets To Make It Work, Victor B. Flatt Feb 2014

C(R)Ap And Trade: The Brave New World Of Non-Point Source Nutrient Trading And Using Lessons From Greenhouse Gas Markets To Make It Work, Victor B. Flatt

Victor B Flatt

After several decades of improvement, water quality in the United States is getting worse, and the problem is primarily caused by run-off from non-point sources, such as farms and urban development. These non-point sources have never had regulatory mandates in the Clean Water Act, and have proven very difficult to control. With little likelihood of comprehensive statutory changes, the EPA and the states that administer the Clean Water Act have looked to other regulatory means to address this problem. One of the most prominent has been the use of markets in pollution (particularly for nutrient pollution from run-off) to provide …


The Accidental Postmodernists: A New Era Of Skepticism In Environmental Law, Shi-Ling Hsu Feb 2014

The Accidental Postmodernists: A New Era Of Skepticism In Environmental Law, Shi-Ling Hsu

Shi-Ling Hsu

Environmental law and policy conflicts seem to have entered a new phase. The emergence of complex problems such as climate change and of complex technologies such as hydraulic fracturing and genetic modification have created new political and legal schisms that no longer break down predictably along "pro-environment" versus "pro-business" lines. Rather, a new era of skepticism seems to be taking hold in which antagonists spar over the epistemic legitimacy of certain claims made in support of a policy position. Environmental law and policy conflicts thus divide antagonists into two camps: self-styled positivists – scientists (physical, chemical, biological, and social) and …


The Rural Environmental Cadastre (Car) As A Tool For Environmental Regularization In Land Reform Settlements, Lucas Abreu Barroso, Guilherme Viana De Alencar Jan 2014

The Rural Environmental Cadastre (Car) As A Tool For Environmental Regularization In Land Reform Settlements, Lucas Abreu Barroso, Guilherme Viana De Alencar

Lucas Abreu Barroso

2014 marks the 50th anniversary of the Land Statute (Law n. 4,504 / 1964). Enacted at the beginning of the military dictatorship, the Land Statute was the formula found to contain the pressure coming from rural areas which demanded a government policy based on Land Reform. Although designed primarily to distribute land in the Northern Region, after the re-democratization in 1985, peasant movements were present in the five regions of the country, showing that the struggle for land happened nationwide. According to the National Institute for Settlement and Agrarian Reform, by 2013, in Brazil 1,288,444 families were settled in the …


The Spending Power And Environmental Law After Sebelius, Erin Ryan Jan 2014

The Spending Power And Environmental Law After Sebelius, Erin Ryan

Erin Ryan

This article analyzes the Supreme Court’s new spending power doctrine and its impact on state-federal bargaining in programs of cooperative federalism, using the laboratory of environmental law. (It expands on the legal analysis in an Issue Brief originally published by the American Constitution Society on Oct. 1, 2013.) After the Supreme Court ruled in the highly charged Affordable Care Act case of 2012, National Federation of Independent Business vs. Sebelius, the political arena erupted in debate over the implications for the health reform initiative and, more generally, the reach of federal law. Analysts fixated on the decision’s dueling Commerce Clause …