Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Targets And Timetables: Good Policy But Bad Politics?, Daniel M. Bodansky
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, …
Environmental Law, Eleventh Circuit Survey, Travis M. Trimble
Environmental Law, Eleventh Circuit Survey, Travis M. Trimble
Scholarly Works
In general, 2006 was a good year to be a defendant in environmental cases that reached the Eleventh Circuit. The court placed a narrow construction on operator liability for corporate parents under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) and backed agency interpretations of the Clean Air Act (“CAA”) regulations in the face of challenges to their interpretation and use. In an issue of first impression, the court held that the agency’s failure to carry out a nondiscretionary duty under the Endangered Species Act (“ESA”) constituted a one-time, and not a continuing, violation for purposes of applying the …