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Articles 1 - 30 of 64
Full-Text Articles in Law
Environmental Law News - November, 2012, Elcj
Environmental Law News - November, 2012, Elcj
Environmental Law and Justice Clinic
No abstract provided.
Environmental Law And Fossil Fuels: Barriers To Renewable Energy, Uma Outka
Environmental Law And Fossil Fuels: Barriers To Renewable Energy, Uma Outka
Vanderbilt Law Review
Renewable energy is gaining momentum around the globe, but the United States has only just begun to change its energy trajectory away from fossil fuels. Today, only about 10% of electricity in the United States is generated from renewable energy, and most of that comes from hydroelectric power plants that have been operating for many years. The U.S. Energy Information Administration projects 30% of new capacity over the next twenty years will utilize renewable resources, without significant changes in U.S. energy policy, but at that pace renewable energy will still account for only 16% of generated electricity. These prospects stand …
Crisis In The Classroom: Using Simulations To Enhance Decision-Making Skills, Shawn Marie Boyne
Crisis In The Classroom: Using Simulations To Enhance Decision-Making Skills, Shawn Marie Boyne
Journal of Legal Education
No abstract provided.
Sea-Level Rise And The Endangered Species Act, Dave Owen
Sea-Level Rise And The Endangered Species Act, Dave Owen
Louisiana Law Review
No abstract provided.
Supreme Prescriptions America, Take Your Medicine - A Review Of The 2011-2012 U.S. Supreme Court Term, Miller W. Shealy Jr.
Supreme Prescriptions America, Take Your Medicine - A Review Of The 2011-2012 U.S. Supreme Court Term, Miller W. Shealy Jr.
Miller W. Shealy Jr.
No abstract provided.
Disclosure Of Environmental Liabilities Under The Securities Laws: The Potential Of Securities-Market-Based Incentives For Pollution Control , Perry E. Wallace
Disclosure Of Environmental Liabilities Under The Securities Laws: The Potential Of Securities-Market-Based Incentives For Pollution Control , Perry E. Wallace
Perry Wallace
No abstract provided.
It Takes A Global Sustainability Movement, John C. Dernbach
It Takes A Global Sustainability Movement, John C. Dernbach
John C. Dernbach
No abstract provided.
Overreach On The High Seas?: Whether Federal Maritime Law Preempts California's Vessel Fuel Rules , Bradley D. Easterbrooks
Overreach On The High Seas?: Whether Federal Maritime Law Preempts California's Vessel Fuel Rules , Bradley D. Easterbrooks
Pepperdine Law Review
This Comment addresses whether California’s Vessel Fuel Rules, which require all foreign and U.S. flagged vessels traveling within twenty-four miles of California's coastline to use low-sulfur content fuels, is preempted by the Supremacy Clause of the U.S. Constitution. More specifically, this Comment addresses whether the Clean Air Act, the International Convention for the Prevention of Pollution from Ships (MARPOL), the Submerged Lands Act, and/or general principles of federal maritime law prohibit the California Air Resources Board from enforcing its Vessel Fuel Rules against vessels engaged in maritime commerce in navigable waters, particularly waters beyond the three-mile band beyond the California …
“Offsetting” Crisis? - Climate Change Cap-And-Trade Need Not Contribute To Another Financial Meltdown , Victor B, Flatt
“Offsetting” Crisis? - Climate Change Cap-And-Trade Need Not Contribute To Another Financial Meltdown , Victor B, Flatt
Pepperdine Law Review
In 2009, the promise of a comprehensive federal cap and trade bill to address climate change fell apart. At least in part, this was due to the fears that exotic 'carbon' financial instruments might cause more financial crises. As California launches it economy wide carbon trading system, and other regional systems and the even possibly the EPA consider cap and trade, it is important to revisit what, if anything, about carbon denominated financial instruments might lead to financial market problems. The most problematic of the instruments, offsets, can be designed to lessen financial risk from underlying asset failure.
Book Review: Environmental Protection And Human Rights, Carmen G. Gonzalez
Book Review: Environmental Protection And Human Rights, Carmen G. Gonzalez
Carmen G. Gonzalez
This article reviews Environmental Protection and Human Rights (Cambridge University Press, New York 2011), a textbook co-authored authored by Donald K. Anton and Dinah L. Shelton. The book examines the growing recognition by scholars, activists, governments, and international and domestic tribunals of the linkages between environmental protection and human rights. Although intended for use as a law school textbook and accompanied by five online problem-oriented case studies, this comprehensive volume will also serve as a valuable reference for scholars and practitioners as well as an excellent survey for newcomers to the field.
Law And Lawyers In The Incident Command System, Clifford Villa
Law And Lawyers In The Incident Command System, Clifford Villa
Clifford Villa
Since the 1970s, the Incident Command System (ICS) has provided an organizational framework for agencies to respond to incidents with timely and coordinated action. Use of ICS grew after September 11th as new laws, regulations, and directives required federal, state, and local responders to apply ICS to “all hazards,” including fires, floods, earthquakes, and oil spills. Emergency managers also use ICS to ensure security for schools, courthouses, and events such as Olympic Games. In the future, the use of ICS nationally and internationally will likely continue to expand in order to help public agencies and private organizations meet the threats …
Sorting Out New York’S Smart Growth Initiatives: More Proposals And More Recommendations, Patricia E. Salkin
Sorting Out New York’S Smart Growth Initiatives: More Proposals And More Recommendations, Patricia E. Salkin
Patricia E. Salkin
No abstract provided.
Seqra’S Silver Anniversary: Reviewing The Past, Considering The Present, And Charting The Future, Patricia E. Salkin
Seqra’S Silver Anniversary: Reviewing The Past, Considering The Present, And Charting The Future, Patricia E. Salkin
Patricia E. Salkin
No abstract provided.
They Do Teach That In Law School: Incorporating Best Practices Into Land Use Law, Patricia E. Salkin
They Do Teach That In Law School: Incorporating Best Practices Into Land Use Law, Patricia E. Salkin
Patricia E. Salkin
This article, prepared as a follow-up to Salkin & Nolon, Practically Grounded: Convergence of Land Use Pedagogy and Best Practice, 60 J.Legal Education 519 (2011), describes how practice-based assignments can supplement the traditional casebook method of instruction to meet goals and measure outcome assessments for students in the course. The article is based on my own course goals and explains how each assignment relates to individual outcome assessments.
Dam Breaching In The Pacific Northwest: Lessons For The Nation, Michael Blumm
Dam Breaching In The Pacific Northwest: Lessons For The Nation, Michael Blumm
Michael Blumm
Over the past dozen years, a number of large dams in the Pacific Northwest have been removed in an effort to restore riverine ecosystems and dependent species like salmon. These dam removals provide perhaps the best example of large-scale environmental remediation in the 21st century. This restoration, however, has occurred on a case-by-case basis, without a comprehensive plan. Yet the result has been to put into motion ongoing rehabilitation efforts in four distinct river basins: the Elwah and White Salmon in Washington and the Sandy and Rogue in Oregon. In all, nine significant dams have been removed, and four more—in …
Pluralism And The Environment Revisted: The Role Of Comment Agencies In Nepa Litigation, Michael Blumm
Pluralism And The Environment Revisted: The Role Of Comment Agencies In Nepa Litigation, Michael Blumm
Michael Blumm
The National Environmental Policy Act suffers from a declining reputation due to high expectations and misunderstood implementation. The U.S. Supreme Court has disappointed environmental advocates by repeatedly ruling that NEPA does not impose substantive obligations to protect the environment that are judicially enforceable. As a result, some critics have characterized NEPA as a mere paperwork statute, imposing only bureaucratic red tape. Nevertheless, some courts have read NEPA to require close judicial scrutiny of federal agency actions with significant environmental consequences and have enjoined agency proposals that do not publicly disclose those consequences. The problem is that the level of judicial …
Transparency Between Norm, Technique And Property In International Law And Governance—The Example Of Corporate Disclosure Regimes And Environmental Impacts, Larry Cata Backer
Transparency Between Norm, Technique And Property In International Law And Governance—The Example Of Corporate Disclosure Regimes And Environmental Impacts, Larry Cata Backer
Larry Cata Backer
This article considers the role of transparency in corporate governance, focusing on the regulatory forms in international environmental law and policy. It is divided into five sections. After this Introduction, Section II considers conventional sources of international environmental law for its transparency effects on the environmental impacts of business activity, looking at both hard law and soft law frameworks. While there is a substantial and growing body of public international hard and soft law frameworks in environmental governance, much of that is focused on the role of states and the information and participation rights of affected communities in the political …
The Oregon And California Railroad Grant Lands’ Sordid Past, Contentious Present, And Uncertain Future: A Century Of Conflict, Michael Blumm
The Oregon And California Railroad Grant Lands’ Sordid Past, Contentious Present, And Uncertain Future: A Century Of Conflict, Michael Blumm
Michael Blumm
This article examines the long, contentious history of the Oregon & California Land Grant that produced federal forest lands now managed by the Bureau of Land Management (“O&C lands”), including an analysis of how these lands re-vested to the federal government following decades of corruption and scandal, and the resulting congressional effort that created a management structure supporting local county governments through overharvesting the lands for a half-century. The article proceeds to trace the fate of O&C lands through the “spotted owl wars” of the 1990s, the ensuing Northwest Forest Plan (NWFP), the timber salvage rider of 1995, and the …
Regulating Evolution For Sale: An Evolutionary Biology Model For Regulating The Unnatural Selection Of Genetically Modified Organisms, Mary Jane Angelo
Regulating Evolution For Sale: An Evolutionary Biology Model For Regulating The Unnatural Selection Of Genetically Modified Organisms, Mary Jane Angelo
Mary Jane Angelo
In recent years, there has been an explosion in the genetic manipulation of living organisms to create commercial products. This genetic manipulation has, in effect, been a directed change in the evolutionary process for the purpose of profit. This deliberate alteration of the path of evolution has brought with it a panoply of novel environmental, human health, and economic risks that could not have been foreseen when U.S. environmental and health protection laws evolved. U.S. environmental law has not evolved to keep pace with these dramatic changes in the evolution of our biological systems. Thus, completely new approaches are needed …
The Killing Fields: Reducing The Casualties In The Battle Between U.S. Species Protection Law And U.S. Pesticide Law, Mary Jane Angelo
The Killing Fields: Reducing The Casualties In The Battle Between U.S. Species Protection Law And U.S. Pesticide Law, Mary Jane Angelo
Mary Jane Angelo
For the past 35 years, the conflicting goals, standards, focuses, and methods of United States species protection laws and United States pesticide law have produced a fierce legal battle. The unwitting casualties of this battle are the millions of birds, fish, and other wildlife that have been killed, and the hundreds of protected species put at risk of extinction. This battle has intensified in recent years, as environmental organizations have sued the United States Environmental Protection Agency ("EPA") for its continued failure to comply with the Endangered Species Act ("ESA"). In response, EPA has invoked numerous legal and regulatory strategies, …
Embracing Uncertainty, Complexity, And Change: An Eco-Pragmatic Reinvention Of A First-Generation Environmental Law, Mary Jane Angelo
Embracing Uncertainty, Complexity, And Change: An Eco-Pragmatic Reinvention Of A First-Generation Environmental Law, Mary Jane Angelo
Mary Jane Angelo
Recent scientific reports demonstrate that despite more than thirty years of environmental regulation, bird and wildlife species as well as ecosystem services, are in unprecedented decline. Pesticides are at least in part to blame for these profound declines. U.S. pesticide law has failed to carry out its mission of environmental protection. A number of recently-filed lawsuits assert that the registration of certain pesticides violates the federal Endangered Species Act. One of the great ironies of environmental law is that the ecological consequences of pesticide use, which fueled the environmental movement of the late 1960s and early 1970s, largely have been …
Stumbling Toward Success: A Story Of Adaptive Law And Ecological Resilience, Mary Jane Angelo
Stumbling Toward Success: A Story Of Adaptive Law And Ecological Resilience, Mary Jane Angelo
Mary Jane Angelo
For decades, scientific and legal scholars alike have promoted the concept of "adaptive management" as a necessary approach to meaningful environmental management, restoration, and regulation. Unfortunately, adaptive management success stories are few and far between. The Lake Apopka Restoration Project provides a real-world illustration of adaptive management at work. This article uses adaptive management theory to explore mechanisms to make environmental law better able to address the uncertainties and changing nature of natural systems to restore and protect ecological resilience.
Incorporating Emergy Synthesis Into Environmental Law: An Integration Of Ecology, Economics, And Law, Mary Jane Angelo, Mark T. Brown
Incorporating Emergy Synthesis Into Environmental Law: An Integration Of Ecology, Economics, And Law, Mary Jane Angelo, Mark T. Brown
Mary Jane Angelo
Emergy synthesis, flrst developed by Dr. Howard T. Odum in the 1970s, and further expanded and refined by other scholars over the past thirty years, has the potential to transform environmental decisionmaking by providing a methodology that can integrate ecology, economics, and law. Virtually all areas of environmental law are concerned in some way with both the ecological and the economic impacts of environmental decision making. Unfortunately, existing environmental law statutes tend to incorporate ecological and economic considerations in a simplistic, piecemeal, and awkward fashion. Emergy synthesis incorporates both ecological and economic considerations through a sophisticated scientiic methodology. Emergy synthesis …
Harnessing The Power Of Science In Environmental Law: Why We Should, Why We Don't, And How We Can, Mary Jane Angelo
Harnessing The Power Of Science In Environmental Law: Why We Should, Why We Don't, And How We Can, Mary Jane Angelo
Mary Jane Angelo
To illustrate how legal scholars, lawmakers, environmental agencies, and practicing lawyers have attempted to incorporate new scientific developments into environmental law, particularly in the administrative context, this Article traces the journeys of three distinct scientific developments -- risk assessment, adaptive management, and emergy synthesis -- from scientific academia to environmental administrative law. The Article concludes by making observations about what types of scientific developments are most likely to be incorporated into the law and suggesting ways for improving the likelihood that new beneficial developments will be adopted to inform the law.
Corn, Carbon, And Conservation: Rethinking U.S. Agricultural Policy In A Changing Global Environment, Mary Jane Angelo
Corn, Carbon, And Conservation: Rethinking U.S. Agricultural Policy In A Changing Global Environment, Mary Jane Angelo
Mary Jane Angelo
This Article explores a range of issues related to both the regulatory and incentive-based federal programs that affect the crops we grow, the manner in which they are grown, and the human and environmental impacts of such programs. The Article evaluates the 2008 Farm Bill and describes how the policies contained in it influence virtually every aspect of agriculture, from the decision to grow certain crops, the amount of crops grown, the industrial manner. This Article focuses on one particular commodity, corn, which while ubiquitous and seemingly pedestrian, is perhaps one of the major environmental offenders, and for which the …
The Emotion Of Disgust, Demand Augmentation, And Wasteful Consumption, Nathan H. Ostrander
The Emotion Of Disgust, Demand Augmentation, And Wasteful Consumption, Nathan H. Ostrander
Nathan H. Ostrander
Conventional economic theory assumes that producers supply goods and services in a responsive, reactive way to innate, genuine, unmanipulated consumer demand. Evidence increasingly suggests, however, that demand is constructed based on the elements present in any given situation, and that the situation is subject to corporate influence. One method by which corporations construct demand is by using the emotion of disgust to create an apparent problem in an advertisement. Corporations reference the emotion of disgust not only because it is incredibly powerful, but also because advertisements are able to quickly alleviate the disgusting problem and thereby increase consumer receptivity to …
Judge Posner’S 'Practical' Theory Of Standing: Closer To Justice Breyer’S Approach To Standing Than Justice Scalia’S, Bradford Mank
Judge Posner’S 'Practical' Theory Of Standing: Closer To Justice Breyer’S Approach To Standing Than Justice Scalia’S, Bradford Mank
Faculty Articles and Other Publications
In American Bottom Conservancy v. U.S. Army Corps of Engineers, Judge Richard Posner of the Seventh Circuit questioned three different grounds articulated by the U.S. Supreme Court for the constitutional doctrine of standing in federal courts and instead argued that the “solidest grounds” for the doctrine of standing are “practical.” In part because of his self-described “pragmatic” approach to legal reasoning, Judge Posner’s maverick views may have led Republican presidents to pass him over for being nominated to the Supreme Court in favor of less brilliant but more predictable conservative judges. Judge Posner’s pragmatic or practical approach to standing …
Informational Standing After Summers, Bradford Mank
Informational Standing After Summers, Bradford Mank
Faculty Articles and Other Publications
In its recent The Wilderness Society v. Rey decision, the Ninth Circuit addressed the difficult question of when a statute may establish a right to informational standing. The D.C. Circuit and the Sixth Circuit had previously reached different conclusions about whether environmental statutes promoting public participation or requiring environmental assessments in certain circumstances create a right to informational standing. The Ninth Circuit in its The Wilderness Society decision interpreted the Supreme Court’s 2009 decision in Summers v. Earth Island Institute, which explicitly narrowed procedural rights standing, as implicitly narrowing standing rights in general and concluded that general notice and …
Reading The Standing Tea Leaves In American Electric Power V. Connecticut, Bradford Mank
Reading The Standing Tea Leaves In American Electric Power V. Connecticut, Bradford Mank
Faculty Articles and Other Publications
In American Electric Power v. Connecticut (AEP), the U.S. Supreme Court by an equally divided vote of four to four affirmed the Second Circuit’s decision finding standing and jurisdiction in the case. Even though it did not announce the identities of the justices who voted for standing and against standing, the AEP decision took the unusual step of providing some explanation for how the Court divided on the standing question, and, as a result, provided important information about the positions of the justices on the issue. While it is not binding as a decision for the lower courts except …
Space Commercialization: The Need To Immediately Renegotiate Treaties Implicating International Environmental Law, Alexander G. Davis
Space Commercialization: The Need To Immediately Renegotiate Treaties Implicating International Environmental Law, Alexander G. Davis
San Diego Journal of Climate & Energy Law
Outer space is truly the final frontier for both scientific exploration and frontier-style commercialization. Given its extra-national nature, international treaties have formed the basis of space law, but these treaties predate any notion of the true potential for space commercialization. The private sector has relied on this regulation-free industry when developing its spacecraft, mission structure, and operating procedures, often to the detriment of Earth's and its surrounding environment, with space debris, i.e. space junk or space trash, and greenhouse gas emissions being the primary externalities. This Comment provides a background on the commercial space industry and applicable law and treaties, …