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Social and Behavioral Sciences

Selected Works

2010

Environmental Law

Articles 1 - 6 of 6

Full-Text Articles in Law

Some Back-Ended Legal And Political Issues In United States Fisheries Management, Chad J. Mcguire, Bradley P. Harris Aug 2010

Some Back-Ended Legal And Political Issues In United States Fisheries Management, Chad J. Mcguire, Bradley P. Harris

Chad J McGuire

In response to over-exploitation and ecosystem degradation, United States federal fisheries policy is shifting from species-based to ecosystem-based management. In addition, the reauthorized Magnuson-Stevens Fisheries Conservation and Management Reauthorization Act of 2006 identifies the following goals to be achieved by 2011: end over-fishing, create market-based incentives, strengthen enforcement mechanisms, and improve cooperative conservation efforts. We refer to these goals (including the “status quo”) as front-ended policy objectives. Left unresolved are what we term back-ended policy and legal issues, specifically including issues involving the legal limitations that inhibit full consideration of ecosystem-based management principles through the adopting of scientific information. In …

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Sustainable Approaches To Managing Small-Scale Ecosystems: A Case Study Of Vernal Pool Protection In The Commonwealth Of Massachusetts, United States Of America, Chad J. Mcguire May 2010

Sustainable Approaches To Managing Small-Scale Ecosystems: A Case Study Of Vernal Pool Protection In The Commonwealth Of Massachusetts, United States Of America, Chad J. Mcguire

Chad J McGuire

This paper reviews the current management scheme used by Massachusetts to protect vernal pools, which represent small-scale ecosystems, and analyzes its relative strengths and weaknesses from an overall sustainability standpoint by looking at the frameworks developed for management. The frameworks are analyzed to determine if the objectives of vernal pool protection are being met. The initial impression is the outcomes are not meeting the objective of overall vernal pool protection, because there are failures in the drivers (mainly the certification requirement), which limits the number of verbal pools actually protected. An expansion of the current Massachusetts program is suggested to …

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Climate Adaptation And The Fifth Amendment To The United States Constitution: How Do Adaptation Strategies Impact Regulatory Takings Claims?, Chad J. Mcguire May 2010

Climate Adaptation And The Fifth Amendment To The United States Constitution: How Do Adaptation Strategies Impact Regulatory Takings Claims?, Chad J. Mcguire

Chad J McGuire

As the impacts and potential of climate change are realized at the governance level, states are moving towards adaptation strategies that include greater regulatory restrictions on development within coastal zones. The purpose of this paper is to outline the impacts of existing and planned regulatory mechanisms on the Fifth Amendment to the United States Constitution, which prevents the government taking of private property for public use without just compensation. A short history of regulatory takings is explained, and the potential legal issues surrounding mitigation and adaptation measures for coastal communities are discussed. The goal is to gain an understanding of …

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The Political Consequences Of Legal Victories: Ballast Regulation And The Clean Water Act, Zdravka Tzankova Jan 2010

The Political Consequences Of Legal Victories: Ballast Regulation And The Clean Water Act, Zdravka Tzankova

Zdravka Tzankova

Federal conservation policy has seen a new development recently: the use of the Clean Water Act (CWA) as a tool for regulating ballast water discharges from ships and, thereby, for preventing biological invasions caused by the discharge of nonindigenous organisms in ballast. Some outcomes of this new method for regulating ballast water discharge are obvious, others are much less so. Superimposing CWA regulatory authority on an already existing system of U.S. ballast law and regulation is likely to change the politics of ballast regulation. What do such changes in regulatory politics spell for the future of regulatory protections against biological …

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What Would Coase Do? (About Parking Regulation), Michael E. Lewyn Dec 2009

What Would Coase Do? (About Parking Regulation), Michael E. Lewyn

Michael E Lewyn

American municipalities typically require landowners to provide visitors and guests with ample amounts of parking, in order to prevent externalities such as cruising (drivers wasting gasoline and polluting the air while searching for scarce parking). However, minimum parking requirements may create social harms that outweigh this benefit. By artificially increasing the supply of parking, minimum parking requirements effectively subsidize driving, thus increasing rather than decreasing pollution and congestion.

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Sprawl In Canada And The United States, Michael E. Lewyn Dec 2009

Sprawl In Canada And The United States, Michael E. Lewyn

Michael E Lewyn

The purpose of this paper is to ascertain (1) whether suburban sprawl is as widespread in Canadian metropolitan areas as in their American counterparts, and (2) whether Canadian government policies, and in particular Canadian municipal land use and transportation policies, encourage sprawl. The thesis concludes that sprawl is less widespread in two respects. First, Canadian central cities have not declined to the same extent as American central cities. Second, urban and suburban Canadians are less dependent on automobiles than are Americans. The thesis goes on to point out that in Canada, as in the United States, government land use and …

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