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Series

Environmental Law

2007

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Articles 1 - 30 of 170

Full-Text Articles in Law

Debate: Collaborative Environmental Law: Pro And Con, Eric W. Orts, Cary Coglianese Dec 2007

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

Faculty Scholarship at Penn Law

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 ...


Taking The Legislative Temperature: Which Federal Climate Change Legislative Proposal Is “Best”? (Part Ii), Victor B. Flatt Dec 2007

Taking The Legislative Temperature: Which Federal Climate Change Legislative Proposal Is “Best”? (Part Ii), Victor B. Flatt

NULR Online

No abstract provided.


Taking The Legislative Temperature: Which Federal Climate Change Legislative Proposal Is "Best"?, Victor B. Flatt Dec 2007

Taking The Legislative Temperature: Which Federal Climate Change Legislative Proposal Is "Best"?, Victor B. Flatt

NULR Online

No abstract provided.


A New Environmental Order: Laying The Legal And Administrative Foundation For Global Environmental Governance, Deepa Badrinarayana Nov 2007

A New Environmental Order: Laying The Legal And Administrative Foundation For Global Environmental Governance, Deepa Badrinarayana

Dissertations & Theses

This dissertation argues that global environmental governance can be strengthened by structuring legal and administrative mechanisms to meet the demands of the current world order. In particular, this dissertation provides a theoretical analysis of those legal and administrative mechanisms that can improve environmental governance in a globalizing world. However, since it is a theoretical analysis, this dissertation does not assert that the analysis in itself will simplify the process of strengthening the rule of law, resolve all environmental issues, or require every single environmental problem to be addressed through an international process. Rather, the objective of the analysis is to ...


Targets And Timetables: Good Policy But Bad Politics?, Daniel M. Bodansky Nov 2007

Targets And Timetables: Good Policy But Bad Politics?, Daniel M. Bodansky

Scholarly Works

From a policy perspective, a climate architecture based on economy-wide, binding emissions targets, combined with emissions trading, has many virtues. But even such an architecture represents good climate policy, it is far more questionable whether it represents good climate politics -- at least in the near-term, for the upcoming "post-2012" negotiations. Given the wide range of differences in national perspectives and preferences regarding climate change, a more flexible, bottom-up approach may be needed, which builds on the efforts that are already beginning to emerge, by allowing different countries to assume different types of international commitments – not only absolute targets, but also ...


International Law's Lessons For The Law Of The Lakes, Joseph W. Dellapenna Oct 2007

International Law's Lessons For The Law Of The Lakes, Joseph W. Dellapenna

Working Paper Series

The eight Governors of the Great Lakes States signed a proposed new compact for the Great Lakes and St. Lawrence basin on December 13, 2005, and they joined with the Premiers of Ontario and Québec in a parallel agreement on the same topic on the same day. Neither document is legally binding—the proposed new compact because it has not yet been ratified by any state nor consented to by Congress; the parallel agreement because it is not intended to be legally binding. Both documents are designed to preclude the export of water from the Great Lakes-St. Lawrence basin apart ...


Eesi Newsletter, No. 3, Oct. 2007, Energy & Environmental Security Initiative (University Of Colorado Boulder) Oct 2007

Eesi Newsletter, No. 3, Oct. 2007, Energy & Environmental Security Initiative (University Of Colorado Boulder)

EESI: The Energy & Environmental Security Initiative [Newsletter] (2007)

No abstract provided.


Baselines Newsletter, No. 1, Fall 2007, University Of Colorado Boulder. Natural Resources Law Center Oct 2007

Baselines Newsletter, No. 1, Fall 2007, University Of Colorado Boulder. Natural Resources Law Center

Baselines: The Natural Resources Law Center Newsletter (2007-2011)

No abstract provided.


Litigating Canada-U.S. Transboundary Harm: International Lawmaking And The Threat Of Reciprocity, Shi-Ling Hsu Oct 2007

Litigating Canada-U.S. Transboundary Harm: International Lawmaking And The Threat Of Reciprocity, Shi-Ling Hsu

Scholarly Publications

No abstract provided.


State-Corporate Crime And The Paducah Gaseous Diffusion Plant, Alan S. Bruce, Paul J. Becker Oct 2007

State-Corporate Crime And The Paducah Gaseous Diffusion Plant, Alan S. Bruce, Paul J. Becker

Sociology, Anthropology, and Social Work Faculty Publications

While criminologists have for some time examined state and corporate crime as separate entities, the concept of state-corporate crime highlighting joint government and private corporate action causing criminal harm is a recent area of study with relatively few published case studies (Matthews and Kauzlarich, 2000). This paper focuses on state-corporate crime at the Paducah Gaseous Diffusion Plant (PGDP) in Paducah, Kentucky, and contributes to the study of state-corporate crime in three ways: (1) it adds a new case study to a field in which there are few published accounts, (2) it assesses the utility of Kauzlarich and Kramer’s (1998 ...


Local Agriculture Perspectives In The Middle Rio Grande Valley, Cecilia Rosacker-Mccord Oct 2007

Local Agriculture Perspectives In The Middle Rio Grande Valley, Cecilia Rosacker-Mccord

Publications

No abstract provided.


Incorporating Emergy Synthesis Into Environmental Law: An Integration Of Ecology, Economics, And Law, Mary Jane Angelo, Mark T. Brown Oct 2007

Incorporating Emergy Synthesis Into Environmental Law: An Integration Of Ecology, Economics, And Law, Mary Jane Angelo, Mark T. Brown

UF Law Faculty Publications

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 ...


Environmental Law News - Fall 2007 Oct 2007

Environmental Law News - Fall 2007

Environmental Law and Justice Clinic

No abstract provided.


Resolution 2007-01-03 Recognizing The 50 Year Anniversary Of The Southeastern Cooperative Widllife Disease Study, Association Of Fish And Wildlife Agencies Sep 2007

Resolution 2007-01-03 Recognizing The 50 Year Anniversary Of The Southeastern Cooperative Widllife Disease Study, Association Of Fish And Wildlife Agencies

Resolutions

No abstract provided.


Resolution 2007-02-03 Support Of The North American Bird Conservation Initiative's Opportunities For Improving Avian Monitoring Report, Association Of Fish And Wildlife Agencies Sep 2007

Resolution 2007-02-03 Support Of The North American Bird Conservation Initiative's Opportunities For Improving Avian Monitoring Report, Association Of Fish And Wildlife Agencies

Resolutions

No abstract provided.


Resolution 2007-03-03 Appreciation To The State Of Kentucky, Association Of Fish And Wildlife Agencies Sep 2007

Resolution 2007-03-03 Appreciation To The State Of Kentucky, Association Of Fish And Wildlife Agencies

Resolutions

No abstract provided.


Climate Change, Human Health, And The Post-Cautionary Principle, Lisa Heinzerling Sep 2007

Climate Change, Human Health, And The Post-Cautionary Principle, Lisa Heinzerling

O'Neill Institute Papers

In this Article, I suggest two different but related ways of reframing the public discourse on climate change. First, I propose that we move further in the direction of characterizing climate change as a public health threat and not only as an environmental threat. Second, I argue that we should stop thinking of responses to climate change in terms of the precautionary principle, which counsels action even in the absence of scientific consensus about a threat. We should speak instead in terms of a ?post-cautionary? principle for a post-cautionary world, in which some very bad effects of climate change are ...


Advancing Environmental Law At Pace: A Personal Memoir, A Continuing Challenge, Nicholas A. Robinson Sep 2007

Advancing Environmental Law At Pace: A Personal Memoir, A Continuing Challenge, Nicholas A. Robinson

Pace Law Faculty Publications

How did an unaccredited law school, admitting its first students in 1976, become renowned as a national and international leader in environmental education in less than three decades? What did Pace have to attract some of America’s brightest and best college graduates to pursue their careers in environmental law in White Plains? Why did Yale Law School’s Dean Anthony Kronman, in 1999, call Pace’s program one to which “other law schools look with admiration and envy…one of the best in the country, indeed the world…”

Each generation of alumni intimately knows the answer to these questions ...


Constructing The License To Operate: Internal Factors And Their Influence On Corporate Environmental Decisions, Jennifer A. Howard-Grenville, Jennifer Nash, Cary Coglianese Sep 2007

Constructing The License To Operate: Internal Factors And Their Influence On Corporate Environmental Decisions, Jennifer A. Howard-Grenville, Jennifer Nash, Cary Coglianese

Faculty Scholarship at Penn Law

Voluntary programs intended to improve corporate environmental practices have proliferated in recent years. Why some businesses choose to participate in such voluntary programs, while others do not, remains an open question. Recent work suggests that companies’ environmental practices, including their decisions to participate in voluntary programs, are shaped by a license to operate comprised of social, regulatory, and economic pressures. Although these external factors do matter, by themselves they only partially explain business decision making, since facilities subject to similar external factors often behave differently. In this article, we draw from organizational theory to explain why we would expect a ...


Seeing The Forest For The Treaties - Evolving Debates On Cdm Forest And Forestry Project Activities 10 Years After The Kyoto Protocol, Romulo Sampaio Sep 2007

Seeing The Forest For The Treaties - Evolving Debates On Cdm Forest And Forestry Project Activities 10 Years After The Kyoto Protocol, Romulo Sampaio

Pace Law School Student Publications

No abstract provided.


Head Of State Criminal Responsibility For Environmental War Crimes: Case Study: The Arabian Gulf Armed Conflict 1990-1991, Meshari K. Eifan Sep 2007

Head Of State Criminal Responsibility For Environmental War Crimes: Case Study: The Arabian Gulf Armed Conflict 1990-1991, Meshari K. Eifan

Dissertations & Theses

This paper aims to provide a comparative study of the existing international criminal law framework and its relation to environmental protection during armed conflict. To approach this objective, the study will review the environmental crisis that occurred during the armed conflict in the Arabian Gulf in 1990-1991 as a case study for determining whether the international community adequately responds to these events.

Thus, this study is divided into five main parts. Part I assesses the justifications for a remedy, the criminal remedy, that is more adequate than the United Nations remedy taken toward Saddam Hussein’s actions against the environment ...


Farming The Ocean, Ann Powers Sep 2007

Farming The Ocean, Ann Powers

Pace Law Faculty Publications

Was that salmon you ate for lunch caught in the wild, chill waters of the North Atlantic? What about the mussels you had last night? Did they arrive on your table through traditional capture techniques, or were they a product of the fish-farming industry? And if so, does it matter? What else in your daily life might be a result of deliberate culture of once wild species? Protein in your pet's food, gel in your toothpaste and cosmetics, thickener in your pasta sauce, the seaweed in your sushi? For the most part we pay little attention to where our ...


Zoning, Transportation, And Climate Change, John R. Nolon Sep 2007

Zoning, Transportation, And Climate Change, John R. Nolon

Pace Law Faculty Publications

On February 2, 2006, the Intergovernmental Panel on Climate Change (IPCC) expressed the consensus of the scientific community that global warming is unequivocal and that its main driver is human activity. On April 7, 2007, the IPCC issued a second report detailing the likely consequences of climate change: widening droughts, more severe storm events, increased inland flooding, sea level rise, and consequent inundation of low lying lands. The Center for Climate Systems Research at Columbia University estimates that sea levels around New York City’s boroughs will increase by five inches by 2030, with some estimates predicting up to 12 ...


The Implications Of Climate Change Litigation For International Environmental Law-Making, David B. Hunter Aug 2007

The Implications Of Climate Change Litigation For International Environmental Law-Making, David B. Hunter

Working Papers

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 ...


You Are Living In A Gold Rush, Richard Delgado Aug 2007

You Are Living In A Gold Rush, Richard Delgado

University of Pittsburgh School of Law Working Paper Series

This article argues that our times, characterized as they are by dreams of vast wealth, environmental destruction, and growing social inequality, resemble nothing so much as earlier get-rich-quick periods like the Gilded Age and the California gold rush.

I put forward a number of parallels between those earlier periods and now and suggest that the current fever is likely to end soon. This will come as a relief to those of you who, like me, deplore the regressive social policies, bellicose foreign relations, and coarsening of public taste that we have been living through—even if some of our more ...


A Brief On Biosolids: Options For Biosolids Management, California Research Bureau Aug 2007

A Brief On Biosolids: Options For Biosolids Management, California Research Bureau

California Agencies

Biosolids are municipal sewage treated to meet federal and state standards required for land application. This paper describes the production and management of biosolids in California; the regulatory framework that controls the use and disposal of biosolids; and, the controversy surrounding their use as a soil amendment and alternatives to the current management practices for biosolids with emphasis on their potential use as a source of energy.


Land Use Regulation: The Weak Link In Environmental Protection, A. Dan Tarlock Aug 2007

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.


Eesi Newsletter, No. 2, Aug. 2007, Energy & Environmental Security Initiative (University Of Colorado Boulder) Aug 2007

Eesi Newsletter, No. 2, Aug. 2007, Energy & Environmental Security Initiative (University Of Colorado Boulder)

EESI: The Energy & Environmental Security Initiative [Newsletter] (2007)

No abstract provided.


A Basin-Wide Approach To Water Management In The Middle Rio Grande Valley, Rolf Schmidt-Petersen Aug 2007

A Basin-Wide Approach To Water Management In The Middle Rio Grande Valley, Rolf Schmidt-Petersen

Publications

No abstract provided.


Climate Change As A Global Challenge, Nicholas A. Robinson Aug 2007

Climate Change As A Global Challenge, Nicholas A. Robinson

Pace Law Faculty Publications

No abstract provided.