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Articles 1 - 14 of 14

Full-Text Articles in Law

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 ...


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 ...


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 ...


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.


Green Light For Green Infrastructure, Alexandra Dapolito Dunn May 2007

Green Light For Green Infrastructure, Alexandra Dapolito Dunn

Pace Law Faculty Publications

No abstract provided.


"Forever Wild": New York's Constitutional Mandates To Enhance The Forest Preserve, Nicholas A. Robinson Feb 2007

"Forever Wild": New York's Constitutional Mandates To Enhance The Forest Preserve, Nicholas A. Robinson

Pace Law Faculty Publications

Professor Robinson explores some of the evident, and also some of the less apparent legal implications that can be drawn from recognizing the implicit “land ethic” that resides within the “forever wild” conception of the Forest Preserve in New York’s Constitution. It is his thesis that the executive branch of State government, our Governors and most of our other State and local authorities, have observed the mandates of Article XIV most shallowly. They have ignored their stewardship duties to promote “forever wild forest lands.” Civic groups, and courts should not only concern themselves with the task of keeping government ...


Climate Change, Zoning And Transportation Planning: Urbanization As A Response To Carbon Loading, John R. Nolon, Jessica A. Bacher Jan 2007

Climate Change, Zoning And Transportation Planning: Urbanization As A Response To Carbon Loading, John R. Nolon, Jessica A. Bacher

Pace Law Faculty Publications

This article explores the relationship among zoning, transportation planning, and climate change. It discusses the relationship between land use densities and transportation choices, reviews the trend toward transit oriented development in higher density communities and transportation efficient development in lower density areas, presents several case studies where land use and transportation planning are beginning to intersect, and ends with a strategic approach for communities to consider.


Regulating Municipal Separate Storm Sewer Systems, Alexandra Dapolito Dunn Jan 2007

Regulating Municipal Separate Storm Sewer Systems, Alexandra Dapolito Dunn

Pace Law Faculty Publications

No abstract provided.


Real Estate Law Review: Creating A Local Environmental Law Program, John R. Nolon Jan 2007

Real Estate Law Review: Creating A Local Environmental Law Program, John R. Nolon

Pace Law Faculty Publications

Local governments are adopting with increasing frequency local laws to facilitate low-impact development, ensure the construction of green buildings, and coordinate land use and transportation planning to lower greenhouse gas emissions. This builds on their progress over the past two decades in adopting an impressive number of local laws to protect natural resources. These include ordinances designed to protect trees, stands of timber, hillsides, viewsheds, ridgelines, stream beds, wetlands, watersheds, aquifers and water bodies, and wildlife habitat. At the same time, provisions designed to protect environmental features from the adverse impacts of development have been added to basic land use ...


Advancing The Rebirth Of Environmental Common Law, Jason J. Czarnezki Jan 2007

Advancing The Rebirth Of Environmental Common Law, Jason J. Czarnezki

Pace Law Faculty Publications

Federal law often fails to mitigate environmental harm. An alternative litigation response when federal avenues prove ineffective is reliance on state common law doctrines, especially public and private nuisance. A rebirth of the common law is occurring. This Article provides examples of the rebirth of environmental common law and suggests how common law claims and remedies in the environmental context can mitigate environmental harm.


Disaster Mitigation Through Land Use Strategies, John R. Nolon Jan 2007

Disaster Mitigation Through Land Use Strategies, John R. Nolon

Pace Law Faculty Publications

The persistent question this book raises is who should decide whether and how to mitigate the damages caused by natural disasters. Our understandable preoccupation with response, recovery, and rebuilding makes it hard to focus on this question as a central, even relevant, one. But it persists, nonetheless. The high-profile “blame game” played following Hurricane Katrina’s devastation of the Gulf Coast is emblematic. In pointing fingers first at the Federal Emergency Management Agency (FEMA), then at the city of New Orleans, and then at the state of Louisiana, public officials exhibited an appalling lack of understanding of the roles that ...


Multilateral Climate Change Mitigation, Elizabeth Burleson Jan 2007

Multilateral Climate Change Mitigation, Elizabeth Burleson

Pace Law Faculty Publications

No abstract provided.


Environmentalism And The Wisconsin Constitution, Jason J. Czarnezki Jan 2007

Environmentalism And The Wisconsin Constitution, Jason J. Czarnezki

Pace Law Faculty Publications

With its abundance of natural resources and due to the state's strong environmental policies, Wisconsin has “enjoyed a reputation as a state rich in natural beauty and recreational opportunities.” Yet, despite the state's strong environmental protections, some based upon constitutional principles, this Article addresses whether Wisconsin's environmental constitutional provisions can be improved upon. This Article attempts to evaluate the existing environmental provisions in the Wisconsin Constitution, and considers, looking at a variety of options and sources, whether the state should proceed forward with any changes, minor or major, to environmental law in the Wisconsin Constitution. This Article ...


Keynote Address: We Must Take America Back, Robert F. Kennedy, Jr. Jan 2007

Keynote Address: We Must Take America Back, Robert F. Kennedy, Jr.

Pace Law Faculty Publications

I want to talk about what is happening in the United States, and the connection between the environment and democracy, and the corrosive impact of excessive corporate power and the impact to democracy everywhere. But particularly I want to focus on American democracy.