Law Commons^™

Moonshine To Motorfuel: Tax Incentives For Fuel Ethanol, Roberta F. Mann, Mona L. Hymel

Roberta F Mann

Abstract: Biofuels have been embraced by supporters from President George W. Bush to the Natural Resources Defense Council. Before 1930, the U.S. Treasury focused on shutting down small alcohol producers. After 1978, U.S. energy policy sought to encourage ethanol production to reduce dependence on foreign oil. Federal and state incentives have been credited with increasing ethanol production from 175 million gallons in 1980 to 3.9 billion gallons in 2005. The Internal Revenue Code contains three income tax credits designed to encourage ethanol use: the alcohol mixture credit, the pure alcohol credit, and the small ethanol producer’s credit. The credits, together …

Debate: Collaborative Environmental Law: Pro And Con, Eric W. Orts, Cary Coglianese

All Faculty Scholarship

In this thoughtful and intricate cross-disciplinary debate, Professors Eric W. Orts, of Penn’s Wharton School, and Cary Coglianese, of Penn’s Law School, discuss the benefits and disadvantages of collaborative public policy decision making in the environmental context. It is no exaggeration to say that each year the world grows ever more aware of the nature of the environmental problems we face, and yet critical policy solutions continue to remain beyond the grasp of even the most interested parties. Professor Orts argues that it is time to embrace a different policymaking approach—that of collaborative environmental lawmaking. He argues that "the view …

Anatomy Of A Liquefied Natural Gas Receiving Terminal In Atlantic Canada-An Overview Of The Legal And Regulatory Hurdles, A David Seely, Alexander Macdonald

Dalhousie Law Journal

A new industry is developing in Canada due to recent studies indicating that demand for liquefied natural gas (LNG) supply in Canada and the U.S. is on the rise. As a result, the construction stage has begun for a number of proposed LNG receiving terminals in and around Atlantic Canada. The authors provide an overview of the current issues facing these LNG projects, such as their impact on fisheries, the environment, and Aboriginal rights. They discuss the regulatory framework governing these areas, the due diligence required to identify and address areas of concern, some commercial issues and safety and security …

Adr Approach To Environmental Litigation, Krishna Kumari Areti

Krishna Kumari Areti prof

Though in the beginning ADR was restricted to civil litigation slowly it has entered in to the sphere of criminal law. With the changing times, we have to introduce ADR to other areas also, where there is more litigation and where the traditional courts would take time in resolving the issues. One such area is environmental litigation. The nature of the litigation in the environmental sphere is not complex. In case mediation is used as a tool of dispute resolution rather than litigation in the traditional courts, the results would be more fruitful. The unique characteristics of environmental litigation require …

Land Use Regulation: The Weak Link In Environmental Protection, A. Dan Tarlock

All Faculty Scholarship

Professor William Rodgers is one of the handful of legal academics who have shaped and influenced environmental law since it was created out of whole cloth in the late 1960s. The staggering quantity, quality, breadth, and creativity of his scholarship are perhaps unrivaled among his peers. It is easy to criticize the gap between the environmental problems that society faces and the inadequate legal tools and institutions that we have created to confront them. Professor Rodgers has always been able to see both the deep flaws in environmental law and the possibilities for more responsive legal regimes.

Virtual Consumption: A Second Life For Earth?, Albert C. Lin

Albert C Lin

Consumption is at the root of many of the world’s greatest environmental challenges, yet laws or policies that directly address consumption are rare. Virtual worlds such as Second Life offer the intriguing prospect of displacing a substantial amount of real-world consumption without running afoul of the political and economic obstacles that proposals to reduce consumption often face. In the interactive online reality of virtual worlds, players adopt an “avatar” and participate in an electronic world that mirrors the real world in striking ways. As this Article explains, virtual worlds offer opportunities, experiences, and pleasures that satisfy many of the basic …

Full Volume 83: Global Legal Challenges: Command Of The Commons, Strategic Communications, And Natural Disasters

International Law Studies

No abstract provided.

Command Of The Commons Boast: An Invitation To Lawfer?, Craig H. Allen

International Law Studies

No abstract provided.

Understanding Sustainable Development, Krishna Kumari Areti

Krishna Kumari Areti prof

Sustainable Development is often an over-used word, but involves a number of inter-related global issues such as poverty, inequality, hunger and environmental degradation etc., People tend to think that we have to make a choice between environmental protection and development. Development that is sustainable and not damaging to the natural resources is very much possible. To achieve sustainable development the three pillars--economic, social and environmental--must be integrated in a balanced way. Conserving land and water resources, protecting biodiversity and managing agricultural heritage systems are very important for sustainable development. There is no inherent contradiction between environment and development, and that …

Evolution Of Environment Legislation In India, Krishna Kumari Areti

Krishna Kumari Areti prof

For any country the effective way of control pollution and degradation of resources is to combine traditional laws, with modern legislation. A country should adopt relevant environmental safeguards- designed to protect their limited resources. As far as India is concerned, the Ministry of Environment and Forests is the nodal agency at the Central level for planning, promoting and coordinating the environmental programmes, apart from policy formulation. A number of enforcement agencies assist the Ministry of Environment and Forests, in executing the assigned responsibilities.

Slides: The Future Of Oil And Gas Development On Federal Lands, Mike Chiropolos

The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)

Presenter: Mike Chiropolos, Lands Program Director, Western Resource Advocates

44 slides

Some Preliminary Thoughts On Contrasts And Convergence In Environmental And Natural Resources Law, Karin P. Sheldon

The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)

16 pages.

Includes bibliographical references

'There It Is: Take It' Endangered Species And Water Management In The San Francisco Bay Delta, W. David Ball

Faculty Publications

This paper explores endangered species and water management in the San Francisco Bay Delta. Two endangered species, the Delta Smelt and the Winter-run Chinook Salmon, use the Bay Delta for crucial portions of their life cycle. At the same time, California's agricultural industry, as well as population centers to the South, require substantial outflows of Bay-Delta water. The paper explores the multi-jurisdictional regulation of the Bay-Delta's water, takes a hard look at the purported success of the Environmental Water Account (EWA) program, and reports on the tensions between scientists at regulatory agencies and the political appointees who oversee them. We …

Network Stories, Julie E. Cohen

Law and Contemporary Problems

Proponents of cultural environmentalism, then, need to tackle the normative theory: to formulate a theory of "the network" as a whole that explains what makes it good. Here, Cohen asserts that what makes a network good can only be defined by generating richly detailed ethnographies of the experiences the network enables and the activities it supports, and articulating a normative theory to explain what is good, and worth preserving, about those experiences and activities. Furthermore, generating a normative theory of the open network requires more than a theory of intellectual property or telecommunications, and "doing the science" of cultural environmentalism …

Slides: Environmental Justice: Comprehensive Approach, Nicholas Targ

The Climate of Environmental Justice: Taking Stock (March 16-17)

Presenter: Nicholas Targ, Holland & Knight, former Associate Director for Environmental Justice Integration, Office of Environmental Justice, U.S. Environmental Protection Agency

16 slides

The Protection Of The Environment During Armed Conflict, Roman O. Reyhani

Roman O Reyhani

The environment is generally not considered to be a serious consideration during armed conflict. However, international law has provided a number of protections for the environment in times of war. This article addresses the various Conventions and Protocols that shield the environment from destructive weapons and discusses the differences between them. The article also considers the national and international enforcement and implementation measures to uphold those protections.

To A Point, Joseph P. Tomain

Faculty Articles and Other Publications

For over a century, the United States has operated under a consistent energy policy that has served the country well. Our Traditional Energy policy is based on three economic assumptions: private capital and markets create wealth and stimulate innovation; there is a direct and positive correlation between energy production and economic productivity; and economies of scale will enable us to produce more energy at lower cost. Events over the last four decades, however, have given cause to question that Traditional Energy policy. The damage from Hurricanes Katrina and Rita helped focus that questioning. Increasingly over that period, national and international …

Tribal, State, And Federal Cooperation To Achieve Good Governance, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

Jurisdictional uncertainty affects tribal sovereignty and public safety. Management of natural resources remains one of the few realms of authority over which tribes have retained control. Ancient wild rice harvesting by the Chippewa provides a context in which to consider a tribes ability to set water standards, as does Pueblo ceremonial use of the Rio Grande River. Cooperative tribal, state, federal, and international responses to the Methamphetamine crisis can address both environmental and human health. This study examines the prospect for integrated protection of health and habitat based upon comity and cooperation. It examines the parameters of homeland security and …

Multilateral Climate Change Mitigation, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

A long-term framework to address climate change is within political reach. This article examines how greenhouse gas mitigation can occur across economic and political fault lines. Climate is a public good requiring the development of an energy strategy based upon international cooperation, energy efficiency, and sustainable technological development.

The Proper Scope Of Patentability In International Law, Shawn J. Kolitch

Marquette Intellectual Property Law Review

Patent law encourages innovation, but the harm caused by some inventions may outweigh the benefits of disclosure. This article examines the environmental and public health consequences of patent laws around the world and argues that the patent incentive should be selectively removed to mitigate the harmful effects of granting patents without regard to the invention-specific impacts of doing so.

A Tale Of Two Greenways: A Comparative Study Of Greenway Projects, Gabrielle Markeson

Fordham Urban Law Journal

This Comment discusses the recent trend in urban planning which places an emphasis on creating smart growth communities, which encourage mixed land use, alternative modes of transportation, and incorporating green space in development to combat urban sprawl. Smart growth communities often offer greenways, which encompass a broad range of green space including open space along rivers and streams, natural or landscaped courses for pedestrian or bicycle passage, open space connectors for parks, and linear parks designated as parkways, among others. The Comment discusses the environmental, economic, and health benefits of greenways. While greenways have become desirable, many communities aren't successful …

State Practice In The Management And Allocation Of Transboundary Groundwater Resources In North America, Gabriel Eckstein, Amy Hardberger

Faculty Articles

Throughout the world, international and state political boundaries divide groundwater resources into politically convenient jurisdictions. Subsurface water, however, does not recognize such borders and flows freely without regard to overlying politics. This disregard for the political dimension, coupled with the growing global importance of fresh water, has the potential for aggravating disputes and conflicts over the use, allocation, and preservation of such resources. To date, widely accepted norms of international law applicable to transboundary aquifers have yet to emerge. However, local and regional agreements, including both formal and unofficial arrangements, suggest the emergence of state practice that should be considered …

Changes In Conflict Framing In The News Coverage Of An Environmental Conflict, Linda L. Putnam, Martha Shoemaker

Journal of Dispute Resolution

This article examines the role of media and conflict framing in four major turning points of an environmental controversy. In particular, it focuses on the media's role in defining the dispute and altering the naming and blaming among constituents during these turning points. It also examines how these changes relate to escalation and de-escalation of the conflict.

Trade And The Environment In The Wto, Steve Charnovitz

GW Law Faculty Publications & Other Works

The linkage between trade and the environment stands out as an important challenge in global economic governance. Over the past decade, the WTO devoted considerable attention to this issue and included it on the agenda of the Doha Round. In parallel, the jurisprudence on trade and the environment has experienced significant advances. This study provides an overview of the main institutional changes at the WTO and of the developments in the jurisprudence most relevant to the interaction between the environment and trade. Specifically, this study focuses on GATT Article XX and takes note of many positive (and a few negative) …

Eagleton And The Environment: Promises Made; Promises Kept, Leon G. Billings

Saint Louis University Law Journal

No abstract provided.

Indigenous People And Environmental Justice: The Impact Of Climate Change, Rebecca Tsosie

University of Colorado Law Review

The international dialogue on climate change is currently focused on a strategy of adaptation that includes the projected removal of entire communities, if necessary. Not surprisingly, many of the geographical regions that are most vulnerable to the effects of climate change are also the traditional lands of indigenous communities. This article takes the position that the adaptation strategy will prove genocidal for many groups of indigenous people, and instead argues for recognition of an indigenous right to environmental selfdetermination, which would allow indigenous peoples to maintain their cultural and political status upon their traditional lands. In the context of climate …