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Articles 1 - 18 of 18
Full-Text Articles in Law
Book Review: Differential Treatment In International Environmental Law, Maxwell Chibundu
Book Review: Differential Treatment In International Environmental Law, Maxwell Chibundu
Maxwell O. Chibundu
A review of Differential Treatment in International Environmental Law by Phillippe Cullet. Brookfield, Ashgate Publishing Co., 2003.
Book Review: International Environmental Treaties And State Behavior: Factors Influencing Cooperation, Maxwell Chibundu
Book Review: International Environmental Treaties And State Behavior: Factors Influencing Cooperation, Maxwell Chibundu
Maxwell O. Chibundu
No abstract provided.
Rescuing Science From Politics: Regulation And The Distortion Of Scientific Research, Wendy Wagner, Rena Steinzor
Rescuing Science From Politics: Regulation And The Distortion Of Scientific Research, Wendy Wagner, Rena Steinzor
Rena I. Steinzor
Rescuing Science from Politics debuts chapters by the nation's leading academics in law, science, and philosophy who explore ways that the law can be abused by special interests to intrude on the way scientists conduct research. The high stakes and adversarial features of regulation create the worst possible climate for the honest production and use of science especially by those who will ultimately bear the cost of the resulting regulatory standards. Yet an in-depth exploration of the ways in which dominant interest groups distort the available science to support their positions has received little attention in the academic or popular …
Aep V. Connecticut And The Future Of The Political Question Doctrine, James R. May
Aep V. Connecticut And The Future Of The Political Question Doctrine, James R. May
James R. May
No abstract provided.
Constitutional Environmental Rights Worldwide, James May, Erin Daly
Constitutional Environmental Rights Worldwide, James May, Erin Daly
Erin Daly
No abstract provided.
Opening The Industry Playbook: Myths And Truths In The Debate Over Bpa Regulation, Thomas Mcgarity, Rena Steinzor, Matthew Shudtz, Lena Pons
Opening The Industry Playbook: Myths And Truths In The Debate Over Bpa Regulation, Thomas Mcgarity, Rena Steinzor, Matthew Shudtz, Lena Pons
Rena I. Steinzor
For the last two decades, scientists have amassed evidence that bisphenol A (BPA) poses a threat to human health. Although scientists have targeted BPA as a public health concern, plastics industry lobbyists have attempted to thwart the efforts of federal, state, and local authorities to reduce exposure to BPA. This paper reviews the major arguments advanced by the plastics industry and debunks them as “myths” that public health officials must reject. The five topics covered include: the myth of scientific consensus on safety; the myth that only studies complying with “Good Laboratory Practices” guidelines are adequate for making regulatory decisions; …
Re-Engineering Environmental Health For Challenging Times, R. Konkel, Tony Lewis, Sian Buckley, Polly Rodirguez
Re-Engineering Environmental Health For Challenging Times, R. Konkel, Tony Lewis, Sian Buckley, Polly Rodirguez
Steve Konkel
Times are challenging, irrespective of whether the landscape is viewed from an economic, political, or social perspective. NEHA Presidents have challenged the profession to look at workforce development issues, and raised the question as to what the future of environmental health practice looks like. Does Environmental Health need to be re-defined or refined every five years or so? After attending this session you will understand some of the current challenges to the environmental health practice, and be able to define characteristics of threshold concepts and how they might be applied in a variety of environmental health contexts.
Federal Energy Efficiency And Conservation Laws, John Dernbach, Marianne Tyrrell
Federal Energy Efficiency And Conservation Laws, John Dernbach, Marianne Tyrrell
John C. Dernbach
This paper provides an overview of U.S. law and policy concerning energy efficiency and conservation. The United States appears torn between two narratives - one expressing the abundant demonstrated opportunities provided by energy savings and the other based on a fear of deprivation from using less energy. Rather than choosing between the two, U.S. law and policy splits the difference - embracing efficiency and conservation more or less halfheartedly. Energy efficiency and conservation policy thus has a Groundhog Day aspect, in which the same or similar arguments are made year after year, decade after decade, and often (it appears) to …
Twelve Crucial Health, Safety, And Environmental Regulations: Will The Obama Administration Finish In Time?, Amy Sinden, Rena Steinzor, Matthew Shudtz, James Goodwin, Yee Huang, Lena Pons
Twelve Crucial Health, Safety, And Environmental Regulations: Will The Obama Administration Finish In Time?, Amy Sinden, Rena Steinzor, Matthew Shudtz, James Goodwin, Yee Huang, Lena Pons
Rena I. Steinzor
When President Obama came to the White House and put his appointees in place, they faced a long to-do list. For the preceding eight years, the dominant view within the Executive Branch had been that health, safety, and environmental regulation was a nuisance to business, cutting into industry profits in service of objectives that had never been part of President George W. Bush’s agenda. By the time Bush II left office on January 20, 2009, little had been done and a lot of important safeguards had been rolled back. Crucial rules mandated by Congress were delayed or derailed, and enforcement …
New Directions In Earth Rights, Environmental Rights And Human Rights: Six Facets Of Constitutionally Embedded Environmental Rights Worldwide, James May, Erin Daly
New Directions In Earth Rights, Environmental Rights And Human Rights: Six Facets Of Constitutionally Embedded Environmental Rights Worldwide, James May, Erin Daly
Erin Daly
This essay provides an overview of the worldwide phenomenon of constitutional environmental rights. Since the Stockholm Convention, nearly 60 countries have constitutionally entrenched environmental rights, according their citizens basic rights to environmental quality in one form or another. The list is diverse politically, including countries with civil, common law, Islamic, and other traditions. Some of the more recent of these include Kenya in 2010, Ecuador in 2007, France in 2005, Afghanistan in 2004, and South Africa in 1996. As a result, domestic courts and international tribunals are enforcing constitutionally enshrined environmental rights with growing frequency, reflecting basic human rights to …
Testimony Of Rena Steinzor…Before The U.S. House Of Representatives, Energy And Commerce Committee, Subcommittee On Environment And Economics. 112th Congress, 1st Session (2011)., Rena Steinzor
Rena I. Steinzor
Environmental regulations have saved millions of lives, preventing chronic respiratory illness and heart attacks in cities across the country. These rules protect children from irreversible neurological damage, save billions of dollars in cleanup costs, and preserve water quality in lakes, rivers, and streams. If anything, our regulatory system is dangerously weak, and Congress should focus on reviving it rather than eroding public protections….
The Essential And Growing Role Of Legal Education In Achieving Sustainability, John Dernbach
The Essential And Growing Role Of Legal Education In Achieving Sustainability, John Dernbach
John C. Dernbach
This article suggests that law schools need to play a leading role in the national and global effort to achieve sustainability, including the effort to address climate change. The article first describes the various drivers for sustainability in law schools. Clients are increasingly demanding that their lawyers 'walk the talk,' as many businesses and corporations already are. The universities that provide an institutional home for most law schools are also adopting sustainability policies and practices that influence their law schools. Within the legal profession, the American Bar Association, as well as many state and local bar associations, have adopted a …
Creating The Law Of Environmentally Sustainable Economic Development, John Dernbach
Creating The Law Of Environmentally Sustainable Economic Development, John Dernbach
John C. Dernbach
This article argues that a key to sustainability is redirecting the law of economic development. From a historical perspective, sustainable development is an effort to integrate environmental protection and restoration with development. As a result, it is not possible to fully understand sustainable development unless we understand what development means. While that term is reasonably well understood at the international level, our closest analogue in the United States is not development in general but rather economic development. A great many recently enacted laws that move the United States toward sustainability can be understood as economic development laws. By understanding these …
The "Cash For Clunkers" Program: A Sustainability Evaluation, Marianne Tyrrell, John Dernbach
The "Cash For Clunkers" Program: A Sustainability Evaluation, Marianne Tyrrell, John Dernbach
John C. Dernbach
This article describes and evaluates the effectiveness of the Consumer Assistance to Recycle and Save Act of 2009, also known as the “Cash for Clunkers” legislation. Under this law, Congress authorized persons trading in older and less fuel-efficient motor vehicles for newer and more fuel-efficient vehicles to receive a voucher worth up to $4,500 toward the purchase of the new vehicle. The article reviews various studies assessing the effectiveness of this legislation based on economic, social, and environmental criteria. Because these criteria are consistent with the goals of sustainable development, the legislation provides important lessons for future efforts to achieve …
International Law And Sustainable Energy: A Portrait Of Failure, David Hodas
International Law And Sustainable Energy: A Portrait Of Failure, David Hodas
David R. Hodas
Despite energy’s critical role in achieving nearly sustainable development and in mitigating climate change goal, internationally, sustainable energy remains a homeless orphan. In May 2007, after years of preparatory work that was thought to have produced consensus on fundamental sustainable energy policies and principles, the Commission on Sustainable Development met at CSD-15 to adopt a concrete set of specific policies and actions to make the world’s energy system more sustainable and accessible to the world’s poor. Tragically, the CSD-15 not only failed to produce agreement on any new ideas, but the pre-existing consensus on basic principles dissolved. Internationally, not a …
Evaluating Life: Working With Ethical Dilemmas In Education For Sustainable Development, Moa De Lucia Dahlbeck, Johan Dahlbeck
Evaluating Life: Working With Ethical Dilemmas In Education For Sustainable Development, Moa De Lucia Dahlbeck, Johan Dahlbeck
Moa Dahlbeck
Codifications of human rights are widely understood as politically established instruments for evaluating human life. The call for such an apparatus emerges as a response to the age-old problem of social organization, constituting – in extension – a means by which to cope with the overall problem of survival. However, evaluating life is inherently problematic. It is problematic as it presupposes an already existing framework by which to judge all instances of life. In a way then, the impartial evaluation of life seems impossible from a human point of view. Nevertheless, as the problem of survival is one of continuous …
Effective Plant Variety Protection As Development Policy: A Perspective For Thailand, Pawarit Lertdhamtewe
Effective Plant Variety Protection As Development Policy: A Perspective For Thailand, Pawarit Lertdhamtewe
Pawarit Lertdhamtewe
No abstract provided.
Reconciling Justice And Efficiency: Integrating Environmental Justice Into Domestic Cap-And-Trade Programs For Controlling Greenhouse Gases, Alice Kaswan
Alice Kaswan
In the last thirty years, two opposing trends have emerged in environmental policy: environmental justice and market-based mechanisms. They present fundamental tensions. The environmental justice movement’s distributional goals conflict with market programs’ focus on cost-effectively achieving aggregate goals, without regard to distribution. And the environmental justice movement’s participatory goals conflict with market programs’ focus on industry autonomy and privatized decisionmaking. The tension between environmental justice and markets is arising in the context of cap-and-trade programs for greenhouse gases (GHGs). While GHGs do not impose localized harms, GHG trading policies nonetheless raise distributional issues because GHG gas emissions are inevitably accompanied …