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Articles 1 - 30 of 99
Full-Text Articles in Law
Legal Anatomy Of An Air Pollution Emergency, Doug Rendleman
Legal Anatomy Of An Air Pollution Emergency, Doug Rendleman
Doug Rendleman
No abstract provided.
Gaming The System: Bio-Economics, Game Theory, & Fisheries Management, Richard A. Grisel
Gaming The System: Bio-Economics, Game Theory, & Fisheries Management, Richard A. Grisel
Richard A Grisel
This paper argues that game theory provides powerful, effective new tools to analyze externalities that occur in the context of strategic, multi-party, interactive decision-making. I will attempt to treat this as a non-technical paper and avoid the complex mathematics better left to economists and mathematicians. Instead, a more achievable goal is to illustrate how high-seas open-access fishing is virtually identical to a game situation, treat the fundamentals of game theory, and demonstrate that game theoretic analyses are well-suited and fruitful for designing effective policy responses to fisheries management, particularly with respect to the straddling stocks problem. Indeed, one seminal fisheries …
Data Gaps In Natural Resource Management: Sniffing For Leaks Along The Information Pipeline, Holly Doremus
Data Gaps In Natural Resource Management: Sniffing For Leaks Along The Information Pipeline, Holly Doremus
Holly Doremus
Despite wide recognition that natural resource management decisions are heavily dependent on the supply of scientific information, little attention has been paid to the processes by which that information is supplied. This paper lays out the key steps of the information supply pipeline, which include exploration, extraction, refining, blending, distribution, and consumption. Leaks in the pipeline can occur at any of these steps, interrupting the supply of information to decision makers. Because information supply is contextual and complex, no universal fix can address all information shortfalls. Nonetheless, several general recommendations emerge. First, decision makers must recognize the limits of scientific …
Regulatory Blowout: How Regulatory Failures Made The Bp Disaster Possible, And How The System Can Be Fixed To Avoid A Recurrence, Alyson Flournoy, William Andreen, Rebecca Bratspies, Holly Doremus, Victor Flatt, Robert Glicksman, Joel Mintz, Daniel Rohlf, Amy Sinden, Rena I. Steinzor, Joseph Tomain, Sandra Zellmer, James Goodwin
Regulatory Blowout: How Regulatory Failures Made The Bp Disaster Possible, And How The System Can Be Fixed To Avoid A Recurrence, Alyson Flournoy, William Andreen, Rebecca Bratspies, Holly Doremus, Victor Flatt, Robert Glicksman, Joel Mintz, Daniel Rohlf, Amy Sinden, Rena I. Steinzor, Joseph Tomain, Sandra Zellmer, James Goodwin
Holly Doremus
The BP oil spill in the Gulf of Mexico is destined to take its place as one of the greatest environmental disasters in the history of the United States, or for that matter, of the entire planet. Like so many other disasters on that list, it was entirely preventable. BP must shoulder its share of the blame, of course. Similarly, the Minerals Management Service (MMS) – since reorganized and rebranded – has come under much deserved criticism for its failure to rein in BP’s avaricious approach to drilling even where it was unable to respond to a worst-case scenario in …
Listing Decisions Under The Endangered Species Act: Why Better Science Isn't Always Better Policy, Holly Doremus
Listing Decisions Under The Endangered Species Act: Why Better Science Isn't Always Better Policy, Holly Doremus
Holly Doremus
This Article offers an alternative approach to ESA listing determinations which would better combine scientific credibility with democratic legitimacy. As background to the current problem, Part II explains the origins of the ESA's stringent strictly science mandate. Part III considers the nature and limits of scientific information and explains how the scientific process can identify the best available scientific information. Part IV evaluates the specific decisions required for ESA listings in light of the strictly science mandate, explaining why these decisions require input from beyond the realm of scientific information. Part IV goes on to demonstrate that the incompatibility of …
The Rhetoric And Reality Of Nature Protection: Toward A New Discourse, Holly Doremus
The Rhetoric And Reality Of Nature Protection: Toward A New Discourse, Holly Doremus
Holly Doremus
No abstract provided.
Through Another's Eyes: Getting The Benefit Of Outside Perspectives In Environmental Review, Holly Doremus
Through Another's Eyes: Getting The Benefit Of Outside Perspectives In Environmental Review, Holly Doremus
Holly Doremus
The Deepwater Horizon blowout has important lessons to teach about environmental review. It is easy to scapegoat the former Minerals Management Service (MMS) for shoddy environmental analysis. But captive agencies are a common phenomenon. Oversight by environmental mission agencies is supposed to provide a check on their myopia. Several external reviews of MMS’s environmental analysis were conducted, but none uncovered MMS’s wildly incorrect estimates of the probability, magnitude, and consequences of a blowout. This article details the external reviews, explains why they proved ineffective, and offers suggestions for improvement. Outside review cannot be effective unless reviewers understand the importance of …
Evaluating Rules And How We Measure Their Effects, Rena I. Steinzor, Michael Patoka
Evaluating Rules And How We Measure Their Effects, Rena I. Steinzor, Michael Patoka
Rena I. Steinzor
The Center for Progressive Reform undertook an empirical study of the Office of Information of Regulatory Affairs, the White House office that reviews every significant regulation issue by Executive Branch agencies. The study assembled an unprecedented portrait of its behavior during the decade from October 16, 2001, when notices of meetings with outside parties were first available on the Internet, until June 1, 2011. OIRA conducted 6,194 separate reviews of regulatory submissions, holding 1,080 meetings that involved 5,759 appearances by outside participants. Both the final report and the database we assembled are available on the CPR website, at progressivereform.org. OIRA …
Escaping The Sporhase Maze: Protecting State Waters Within The Commerce Clause, Mark S. Davis, Michael Pappas
Escaping The Sporhase Maze: Protecting State Waters Within The Commerce Clause, Mark S. Davis, Michael Pappas
Michael Pappas
Eastern states, though they have enjoyed a history of relatively abundant water, increasingly face the need to conserve water, particularly to protect water-dependent ecosystems. At the same time, growing water demands, climate change, and an emerging water-oriented economy have intensified pressure for interstate water transfers. Thus, even traditionally wet states are seeking to protect or secure their water supplies. However, restrictions on water sales and exports risk running afoul of the Dormant Commerce Clause. This Article offers guidance for states, partciularly eastern states concerned with maintaining and improving water-dependent ecosystems, in seeking to restrict water exports while staying within the …
Protecting Coastal And Estuarine Resources- Confronting The Gulf Between The Promise And Product Of Environmental Regulation , Robert V. Percival
Protecting Coastal And Estuarine Resources- Confronting The Gulf Between The Promise And Product Of Environmental Regulation , Robert V. Percival
Robert Percival
No abstract provided.
Human Rights And The Evolution Of Global Environmental Law, Robert V. Percival
Human Rights And The Evolution Of Global Environmental Law, Robert V. Percival
Robert Percival
Environmental problems that jeopardize the health of humans increasingly implicate concerns that have played an important role in the development of international human rights. While some have questioned the wisdom or effectiveness of focusing human rights concerns on environmental problems, it seems an inevitable response to the failure of many countries to protect their citizens adequately from harm caused by environmental degradation. This paper reviews efforts to apply human rights concerns to environmental problems. It describes how these developments illustrate the growth of a kind of “global environmental law” that blurs traditional distinctions between domestic and international law and public …
Police Can Stop You For Having A License Plate Bracket On Your Car, Beau James Brock, Rikki Weger
Police Can Stop You For Having A License Plate Bracket On Your Car, Beau James Brock, Rikki Weger
Beau James Brock
The Fourth Amendment must be protected from police excesses. Now, law enforcement is relying upon the most hyper-technical of violations to stop a vehicle. Both attorneys and judges must guard against the temptation that the ends will justify the means, only to find out later we sold out our freedom to the golden calf of drug interdiction.
Commentary: Environmental Justice And The Bp Oil Spill: Does Anyone Care About The "Small People" Of Color?, Perry Wallace
Commentary: Environmental Justice And The Bp Oil Spill: Does Anyone Care About The "Small People" Of Color?, Perry Wallace
Perry Wallace
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.
An Overview Of This Issue: Climate Change In 2009, Perry Wallace
An Overview Of This Issue: Climate Change In 2009, Perry Wallace
Perry Wallace
No abstract provided.
Business Responses To Climate Change Overview Of This Issue , Perry Wallace
Business Responses To Climate Change Overview Of This Issue , Perry Wallace
Perry Wallace
No abstract provided.
Implications Of The Copenhagen Accord For Global Climate Governance , David Hunter
Implications Of The Copenhagen Accord For Global Climate Governance , David Hunter
David B. Hunter
Climate advocates are increasingly raising specific climate change concerns before domestic courts, human rights tribunals, international commissions and other national and international decisionmaking bodies. Win or lose, these litigation strategies are significantly changing and enhancing the public dialogue around climate change. This article discusses the awareness-building impacts of climate litigation as well as related impacts such strategies may have on the development of climate law and policy. The article argues that litigation's focus on specific victims facing immediate threats from climate change has increased the political will to address climate change both internationally and nationally. It has also shifted the …
New Challenges In An Era Of Global Water Scarcity , David Hunter
New Challenges In An Era Of Global Water Scarcity , David Hunter
David B. Hunter
No abstract provided.
Emerging Standards For Sustainable Finance Of The Energy Sector, Kirk Herbertson, David Hunter
Emerging Standards For Sustainable Finance Of The Energy Sector, Kirk Herbertson, David Hunter
David B. Hunter
No abstract provided.
Water Law In The United States And Brazil--Climate Change & Two Approaches To Emerging Water Poverty, David N. Cassuto, Romulo S.R. Sampaio
Water Law In The United States And Brazil--Climate Change & Two Approaches To Emerging Water Poverty, David N. Cassuto, Romulo S.R. Sampaio
David N Cassuto
This article examines two of the major water legal regimes in the Americas-that of Brazil and the United States. Both countries have extensive wet and dry regions and both hydro-regimes face a significant threat from global warming. Brazil, for instance, is home to between eight and fifteen percent of the world's fresh water, and its fast-growing economy and population present major challenges in management and allocation. The U.S. also faces major water allocation problems resulting from past settlement policies; unsustainable reclamation projects; and also fast-growing domestic, industrial and agricultural demand. In the United States, water has traditionally been perceived as …
Nastygram Federalism: A Look At Federal Self-Audit Policy, David N. Cassuto
Nastygram Federalism: A Look At Federal Self-Audit Policy, David N. Cassuto
David N Cassuto
This Article examines the evolution of EPA's audit policy, explores the reasons for states' dissatisfaction with it, and then discusses whether the federal policy should have been issued as a rule under the Administrative Procedure Act (APA). Part I examines the evolution of the federal audit policy and then analyzes the strengths and weaknesses of the policy in its current form. Part II explores various types of evidentiary privilege and looks at the arguments for and against extending the privilege to audit reports. It then offers a similar analysis of the case for limited immunity, concluding that neither an expanded …
It Takes A Global Sustainability Movement, John C. Dernbach
It Takes A Global Sustainability Movement, John C. Dernbach
John C. Dernbach
No abstract provided.
Fairness In The Bay: Environmental Justice And Nutrient Trading, Rena I. Steinzor, Robert R.M. Verchick, Nicholas W. Vidargas, Yee Huang
Fairness In The Bay: Environmental Justice And Nutrient Trading, Rena I. Steinzor, Robert R.M. Verchick, Nicholas W. Vidargas, Yee Huang
Rena I. Steinzor
Maryland, Virginia, Pennsylvania and other states in the Chesapeake Bay region, with support from the Environmental Protection Agency, are working toward developing water quality trading programs intended to help meet federal pollution limits for the Bay. This white paper from the Center for Progressive Reform warns that even if a trading system succeeds in reducing overall pollution in the Bay, it might still have a dire effect on low-income and minority communities in the Bay region. If trading programs are not carefully designed and monitored, trading can cause localized concentrations of nutrients and accompanying contaminants in local waters, posing a …
Agricultural Secrecy: Going Dark Down On The Farm: How Legalized Secrecy Gives Agribusiness A Federally Funded Free Ride, Rena I. Steinzor, Yee Huang
Agricultural Secrecy: Going Dark Down On The Farm: How Legalized Secrecy Gives Agribusiness A Federally Funded Free Ride, Rena I. Steinzor, Yee Huang
Rena I. Steinzor
This briefing paper examines the agricultural secrecy granted by section 1619 of the 2008 Farm Bill, its implications for transparency and oversight, and its impact on other federal agencies such as the U.S. Environmental Protection Agency (EPA). In an era of fiscal responsibility, tight budgets, and increasing pressure on the environment, the public has a right to know whether the U.S. Department of Agriculture (USDA) is making the best decisions about how to allocate public funds. Each year, agricultural producers in the United States receive billions of dollars in federal payments: crop subsidies, crop insurance, conservation payments, disaster payments, loans, …
Offshore Management Considerations: Law And Policy Questions Related To Fish, Oil, And Wind, John A. Duff
Offshore Management Considerations: Law And Policy Questions Related To Fish, Oil, And Wind, John A. Duff
John Duff
The United States has depended upon offshore resources throughout its history. Past approaches to managing resources such as fish and offshore oil raise questions about how the nation might shape new regulatory management systems to govern evolving uses and resources such as offshore wind power. At the same time, increasing, overlapping, and conflicting uses of ocean resources suggest that public landmanagement systems ought to be examined to capitalize on terrestrial success while avoiding potential pitfalls. Because new technologies and uses for offshore resources are emerging at a rapid rate, legislators and policymakers would do well to ensure that these developments …
Setting The Bar For "Injury" In Environmental Exposure Cases: How Low Can It Go?, John C. Cruden, Carla Burke, John Guttmann, Robert V. Percival
Setting The Bar For "Injury" In Environmental Exposure Cases: How Low Can It Go?, John C. Cruden, Carla Burke, John Guttmann, Robert V. Percival
Robert Percival
On May 16, 2012, ELI convened a panel of experts to provide an overview and analysis of the tension between regulatory and common-law standards for injury in the context of toxic tort litigation. The speakers discussed and debated emerging trends in toxic tort litigation, including claims for property damage or medical monitoring regarding exposure to environmental contamination that never exceeds applicable regulatory standards. The panel also analyzed recent court opinions on the bounds of "injury" in environmental contamination cases and the potential for plaintiffs to recover damages based upon relatively low concentrations of chemicals. Issues explored by the panel included …
Cercla In A Global Context, Robert V. Percival, Katherine H. Cooper, Matthew M. Gravens
Cercla In A Global Context, Robert V. Percival, Katherine H. Cooper, Matthew M. Gravens
Robert Percival
The article first reviews the essential features of CERCLA and how they have evolved over time through legislative amendments and judicial interpretation. The article then compares CERCLA's approach to that embodied in the European Union's 2004 Directive on Environmental Liability with Regard to the Prevention and Remedying of Environmental Damage ("ELD:). It then reviews the laws adopted by various countries, including EU members, to respond to releases of hazardous substances. The article then discusses several case studies of how different countries handled incidents of environmental contamination. It concludes by summarizing the comparative law of environmental remediation and its implications for …
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.
Vindicating Environmental Rights: Constitutional Protection For Present & Future Generations, Erin Daly, James May
Vindicating Environmental Rights: Constitutional Protection For Present & Future Generations, Erin Daly, James May
James R. May
Our presentations will chronicle and assess the jurisprudential dimensions of constitutional environmental rights worldwide, encapsulating the preliminary findings of our book, Vindicating Environmental Rights: Constitutional Protection for Present & Future Generations, Cambridge, 2013), especially pertaining to provisions regarding rights to water, and procedural rights. The constitutions of about 160 nations address environmental matters in some fashion, some by committing to environmental stewardship or the rights of nature, others by recognizing a basic right to a quality environment and still others by ensuring a degree of public participation in environmental decision making. Most people on Earth live under constitutions that protect …
American Electric Power Company, Inc. V. State Of Connecticut: Brief Of Law Professors As Amici Curiae In Support Of Respondents, Stuart Banner, James R. May
American Electric Power Company, Inc. V. State Of Connecticut: Brief Of Law Professors As Amici Curiae In Support Of Respondents, Stuart Banner, James R. May
James R. May
No abstract provided.