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2014

Environmental Law

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Articles 1 - 30 of 191

Full-Text Articles in Law

Toward A Patent Exhaustion Regime For Sustainable Development, 32 Berkeley J. Int'l Law. 330 (2014), Benjamin Liu Dec 2014

Toward A Patent Exhaustion Regime For Sustainable Development, 32 Berkeley J. Int'l Law. 330 (2014), Benjamin Liu

Faculty Scholarship

This Article argues that the current exhaustion doctrine, when applied to the refurbishing industry, fails to balance its mandate of promoting technological progress with the broader program of sustainable development and is therefore unsuitable for countries on the modernization path. First, what constitutes an infringing “making” remains underdetermined. Second, the evidentiary hurdle for proving legal refurbishment is too onerous for the low margin and under-resourced refurbishing industry. Finally, the all-or-nothing approach to judging infringement fails to account for the nuanced cost-benefit nexus that exists between patentees, refurbishers, and society at large and discourages private ordering. To recalibrate the balance between ...


A Holistic View Of Agency Enforcement, David L. Markell, Robert L. Glicksman Dec 2014

A Holistic View Of Agency Enforcement, David L. Markell, Robert L. Glicksman

Scholarly Publications

The law review literature has long recognized that effective enforcement is an essential component of effective regulation. Yet much of the literature focuses on one aspect of the enforcement challenge or another. For example, the underlying theory about optimal levels of enforcement has received considerable attention, as have topics such as the relative merits of using deterrence-based versus cooperation-based approaches and the use of citizen suits. The purpose of this Article is to consider agencies’ enforcement and compliance promotion function holistically.

This Article proposes a three-layered conceptual framework for considering options for structuring the administrative agency enforcement and compliance promotion ...


Letter To The City Of San Francisco Concerning Hunters Point Candlestick Park Implosion, Helen H. Kang Nov 2014

Letter To The City Of San Francisco Concerning Hunters Point Candlestick Park Implosion, Helen H. Kang

Environmental Law and Justice Clinic

Letter requesting that the San Francisco Planning Department decertify Addendum 3 to the Environmental Impact Report for the Candlestick Point-Hunters Point Shipyard Phase II; and engage the residents in the Bayview-Hunters Point community to arrive at a sound decision on an alternative that has the least air quality impacts on this vulnerable community.


The United Nations Watercourses Convention On The Dawn Of Entry Into Force, Ryan Stoa Nov 2014

The United Nations Watercourses Convention On The Dawn Of Entry Into Force, Ryan Stoa

Faculty Scholarship

The United Nations Convention on the Law of the Non- Navigational Uses of International Watercourses (Watercourses Convention) entered into force in August 2014. Despite overwhelming support when signed in 1997, the ratification process has been slow. As a binding treaty, the Watercourses Convention provides hope that its provisions will articulate legal principles of transboundary water management capable of promoting cooperation and regional agreements. Despite entry into force, however, global support for the Watercourses Convention is weak, concurrent efforts to develop treaty regimes governing water resources create competition for resources and may obscure understandings of international water law, and the foundational ...


Things I Learned From A Very Small Fish (Tedxbeaconstreet Presentation), Zygmunt J.B. Plater Oct 2014

Things I Learned From A Very Small Fish (Tedxbeaconstreet Presentation), Zygmunt J.B. Plater

Snail Darter Documents

This talk was given at a local TEDx event, produced independently of the TED Conferences. A notorious story about a small endangered fish that traveled far through the corridors of American government; also a parable about citizen action, a parable perhaps even more useful because it’s true.

Deemed “The Most Extreme Environmental Case Ever”, Zygmunt Plater and a team students in Tennessee used the endangered little “snail darter” fish to help several hundred family farmers and fishermen block a pork-barrel dam that was going to destroy far more—in economic and ecological term—than it ever could produce. A ...


Billionaires, Birds, And Environmental Brawls: Reconceptualizing Energy Easements, Nadia B. Ahmad Oct 2014

Billionaires, Birds, And Environmental Brawls: Reconceptualizing Energy Easements, Nadia B. Ahmad

Faculty Scholarship

No abstract provided.


Getches Wilkinson Center Newsletter, Fall 2014, University Of Colorado Boulder. Getches Wilkinson Center For Natural Resources, Energy, And The Environment Oct 2014

Getches Wilkinson Center Newsletter, Fall 2014, University Of Colorado Boulder. Getches Wilkinson Center For Natural Resources, Energy, And The Environment

Getches-Wilkinson Center for Natural Resources, Energy, and the Environment Newsletter (2013-)

No abstract provided.


Introduction: Environmental Law Without Congress, Shi-Ling Hsu Oct 2014

Introduction: Environmental Law Without Congress, Shi-Ling Hsu

Scholarly Publications

No abstract provided.


Climate Change, Technology Transfer And Intellectual Property: Options For Action At The Unfccc, Dalindyebo Shabalala Oct 2014

Climate Change, Technology Transfer And Intellectual Property: Options For Action At The Unfccc, Dalindyebo Shabalala

School of Law Faculty Publications

In his dissertation, the author examines the issue of whether intellectual property poses a barrier to technology transfer to address climate change and if so, what policymakers should do at the multilateral level. The book refocuses the question away from empirical approaches toward the key question of the legal capacity of developing countries to prospectively restructure their economies to access technologies and move up the technology value chain. It concludes with a set of recommendations for action at the United Nations Framework Convention on Climate Change.

The author defended his dissertation Oct. 15, 2014, at Maastricht University in the Netherlands ...


Joseph Sax, A Human Kaleidoscope, Zygmunt J.B. Plater Oct 2014

Joseph Sax, A Human Kaleidoscope, Zygmunt J.B. Plater

Boston College Law School Faculty Papers

Probably more than any other person most of us will ever have the opportunity of knowing, Joe Sax was kaleidoscopic in the way he projected his mind and lived his life as a scholar, teacher, and citizen seer. Shifting his analytical gaze from challenging context to challenging context, he repeatedly threw rich new patterns of perceptive light, thoughts broad and deep, onto a remarkable range of puzzles. Joe’s ability to think broadly and deeply influenced and reshaped the way that his students, friends, colleagues, and readers understood the intricacies, beauty, and challenges of the world around them. Others in ...


From Vacant Lots To Full Pantries: Urban Agriculture Programs And The American City, Jessica Owley, Tonya Lewis Oct 2014

From Vacant Lots To Full Pantries: Urban Agriculture Programs And The American City, Jessica Owley, Tonya Lewis

Journal Articles

This Article builds on efforts to promote urban agriculture and remove legal and practical obstacles to its development. Specifically, we explore concerns regarding land tenure. Urban agriculture development can be retarded by uncertainties in landownership and agriculturalists’ land rights. We explore property tools that could be helpful to urban agriculturalists (both farmers and gardeners). One thing we learned quickly in our research is that the challenges (and therefore the most helpful tools) vary greatly by place. For this reason, we present examples of urban agriculture efforts across the United States to demonstrate the varying challenges that jurisdictions face and to ...


Wilderness Exceptions, John Copeland Nagle Oct 2014

Wilderness Exceptions, John Copeland Nagle

Journal Articles

This Article considers when activities that are inconsistent with wilderness are nonetheless allowed in it. That result happens in four different ways: (1) Congress decided not to designate an area as “wilderness” even though the area possesses wilderness characteristics; (2) Congress draws the boundaries of a wilderness area to exclude land that possesses wilderness characteristics because Congress wants to allow activities there that would be forbidden by the Act; (3) Congress specifically authorizes otherwise prohibited activities when it establishes a new wilderness area; or (4) Congress acts to approve contested activities in response to a controversy that arises after a ...


Environmental Law And Justice Clinic Fall 2014 Report, Helen H. Kang Oct 2014

Environmental Law And Justice Clinic Fall 2014 Report, Helen H. Kang

Environmental Law and Justice Clinic

The Clinic provides legal and technical assistance to communities that bear a disproportionate pollution burden while enjoying fewer of the benefits and basic amenities such as clean drinking water and open space. We focus on communities in California, although some projects address pollution reduction at the national level. Three core areas continued to dominate our efforts in the last year: clean drinking water for low-income communities, clean energy for California, and air pollution reduction. We also provided legal consulting to numerous organizations that sought our specialized expertise in the areas of clean air, energy, and environmental justice strategy.


Resolution 2014-02-04 Raising Awareness Of E-15 (Ethanol Fuel Blend) And Impacts On Boating, Association Of Fish And Wildlife Agencies Sep 2014

Resolution 2014-02-04 Raising Awareness Of E-15 (Ethanol Fuel Blend) And Impacts On Boating, Association Of Fish And Wildlife Agencies

Resolutions

No abstract provided.


Resolution 2014-03-04 Resolution Encouraging Exploring Partnership Opportunities Between The Southern Wings Program And The Department Of The Interior, Natural Resources Damage Assessment And Restoration (Nrdar) Program, Association Of Fish And Wildlife Agencies Sep 2014

Resolution 2014-03-04 Resolution Encouraging Exploring Partnership Opportunities Between The Southern Wings Program And The Department Of The Interior, Natural Resources Damage Assessment And Restoration (Nrdar) Program, Association Of Fish And Wildlife Agencies

Resolutions

No abstract provided.


Resolution 2014-04-04 Resolution In Appreciation Of The Missouri Department Of Conservation, Association Of Fish And Wildlife Agencies Sep 2014

Resolution 2014-04-04 Resolution In Appreciation Of The Missouri Department Of Conservation, Association Of Fish And Wildlife Agencies

Resolutions

No abstract provided.


Resolution 2014-01-04 Support For The Monarch Butterfly Conservation, Association Of Fish And Wildlife Agencies Sep 2014

Resolution 2014-01-04 Support For The Monarch Butterfly Conservation, Association Of Fish And Wildlife Agencies

Resolutions

No abstract provided.


The Accidental Postmodernists: A New Era Of Skepticism In Environmental Law, Shi-Ling Hsu Sep 2014

The Accidental Postmodernists: A New Era Of Skepticism In Environmental Law, Shi-Ling Hsu

Scholarly Publications

No abstract provided.


Researching Environmental Justice: A Conversation, Virginia C. Thomas, William W. Lefevre Sep 2014

Researching Environmental Justice: A Conversation, Virginia C. Thomas, William W. Lefevre

Library Scholarly Publications

The U.S. Environmental Protection Agency defines environmental justice as “the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies.” The concerns that arise in this complex environmental context extend beyond the scope of traditional legal research resources to include historical, social, scientific, and governmental documents that reside in unique archival collections.

Through the conversation that follows, senior archivist William LeFevre of the Walter P. Reuther Library shares his experience and insights on how archival resources can provide essential ...


The State Response To Climate Change: 50 State Survey, Laura Jensen, Kelly Nishikawa, Benjamin Lowenthal Sep 2014

The State Response To Climate Change: 50 State Survey, Laura Jensen, Kelly Nishikawa, Benjamin Lowenthal

Pace Law Faculty Publications

This survey accompanies Global Climate Change and U.S. Law, Second Edition (Michael B. Gerrard and Jody Freeman, eds, 2014). It compiles state legislation, rules and executive orders that specifically address climate change as of the end of April 2014. It also includes a wide variety of state activities that may have an impact on greenhouse gases including legislation related to energy efficiency and renewable energy. The focus of this material is to provide readers with an understanding of the range of state activity that may contribute to greenhouse gas reduction and climate change. Some types of energy efficiency, alternative ...


Highest Court In New York Affirms Local Power To Regulate Hydrofracking, John R. Nolon, Jessica A. Bacher Sep 2014

Highest Court In New York Affirms Local Power To Regulate Hydrofracking, John R. Nolon, Jessica A. Bacher

Pace Law Faculty Publications

In one of the most anxiously awaited New York land use decisions in recent memory, the State’s highest court held that local governments have the power to regulate hydrofracking under their authority to enact zoning ordinances. Both the Towns of Dryden and Middlefield enacted zoning laws that entirely banned gas drilling and associated activities within their borders. The plaintiffs, a private gas company in one case and a private property owner in the other, claimed that a supersession clause in the State Oil, Gas, and Solution Mining Law (OGSML) preempted local authority. After reviewing the plain language of the ...


An Open Access Distribution Tariff: Removing Barriers To Innovation On The Smart Grid, Joel B. Eisen Aug 2014

An Open Access Distribution Tariff: Removing Barriers To Innovation On The Smart Grid, Joel B. Eisen

Law Faculty Publications

This Article proposes that the Federal Energy Regulatory Commission (FERC) consider promulgating an Open Access Distribution Tariff (OADT) to open the nation's electric grid to new products and services at the consumer (distribution) level. Design of the OADT would be comparable to the Open Access Transmission Tariff that the FERC has used previously to open the nation's transmission wires. This Article argues that an OADT is necessary to create a smart electricity network that would be national, multimodal, and interactive. There is no smart electricity network at present, and there are numerous barriers to the development of open ...


The Political Economy Of Oil Spill Damage Assessment: Nrda And Deepwater Horizon, Matt Nichols, Judith T. Kildow Dr Aug 2014

The Political Economy Of Oil Spill Damage Assessment: Nrda And Deepwater Horizon, Matt Nichols, Judith T. Kildow Dr

Working Papers

The federal effort to quantify and capture non-market damages to coastal ecosystems from the 2010 Deepwater Horizon oil spill, Phase II of United States of America v. BP Exploration and Production, centers on the Natural Resource Damage Assessment (NRDA) process. This paper makes the case that the current NRDA process has done a poor job protecting the public interest and resolving the issues surrounding oil spills from deep water drilling activities. After 5 years, the findings of the NRDA still remain sealed from both affected maritime communities and academic researchers until litigation is settled with civil and criminal fines for ...


Testimony Before The Committee On Science, Space, And Technology, Subcommittee On Oversight And Environment, U.S. House Of Representatives Hearing On Status Of Reforms To Epa's Integrated Risk Information System, July 16, 2014, Rena I. Steinzor Jul 2014

Testimony Before The Committee On Science, Space, And Technology, Subcommittee On Oversight And Environment, U.S. House Of Representatives Hearing On Status Of Reforms To Epa's Integrated Risk Information System, July 16, 2014, Rena I. Steinzor

Congressional Testimony

No abstract provided.


Cuel Comments On December 2013 Draft Eir/Eis For Proposed Bay Delta Conservation Plan (Bdcp), Paul Stanton Kibel Jul 2014

Cuel Comments On December 2013 Draft Eir/Eis For Proposed Bay Delta Conservation Plan (Bdcp), Paul Stanton Kibel

CUEL - Center for Urban Environmental Law

In July 2014 CUEL submitted comments on the draft environmental impact assessment for the proposed Bay Delta Conservation Plan (BDCP).

The following comments are submitted by the Center on Urban Environmental Law (CUEL) at Golden Gate University School of Law. The focus of CUEL' s comments is on Chapter 11 (Fish and Aquatic Resources) of the December 2013 Draft Environmental Impact Report/Environmental Impact Statement for the proposed Bay Delta Conservation Plan (December 2013 Draft EIR/ EIS). The December 2013 Draft EIR/ EIS was prepared and circulated for public review pursuant to the California Environmental Quality Act (CEQA) and the ...


Testimony Before The Committee On Energy And Commerce, Subcommittee On Environment And Economics, U.S. House Of Representatives, Hearing On Constitutional Considerations: States Vs. Federal Environmental Policy Implementation July 11, 2014, Rena I. Steinzor Jul 2014

Testimony Before The Committee On Energy And Commerce, Subcommittee On Environment And Economics, U.S. House Of Representatives, Hearing On Constitutional Considerations: States Vs. Federal Environmental Policy Implementation July 11, 2014, Rena I. Steinzor

Congressional Testimony

No abstract provided.


Tackling Climate Change: Don't Forget Energy Efficency, Joel B. Eisen Jul 2014

Tackling Climate Change: Don't Forget Energy Efficency, Joel B. Eisen

Law Faculty Publications

Todd S. Aagaard and Joel B. Eisen write that one option available for states under the EPA's high-profile Clean Power Plan is relying on greater efficiency in energy usage and other demand-side strategies such as "demand response," which involves programs to reduce consumption at specific times of high electricity demand. However, a federal court recently cast a cloud over demand response's future.


A Tale Of Two Cities: The Need For Greater Federal Involvement To Ensure Proper Notification, Medical Monitoring And Treatment, And Successful Relocation For Tallevast, Florida And Other Environmental Justice Communities, Sabrina R. Collins Jul 2014

A Tale Of Two Cities: The Need For Greater Federal Involvement To Ensure Proper Notification, Medical Monitoring And Treatment, And Successful Relocation For Tallevast, Florida And Other Environmental Justice Communities, Sabrina R. Collins

Student Works

This article explores the environmental justice battles being waged in two Florida communities. The first is in Pensacola at the site of the infamous “Mount Dioxin” and the second is in Tallevast. The article further examines the treatment of the two communities by the local, state and federal governments. Further insight is also provided regarding the affected communities. The article offers suggestions for fair and effective treatment of environmental justice communities.


Climate Change Regulation And Prediction Markets, Shi-Ling Hsu Jul 2014

Climate Change Regulation And Prediction Markets, Shi-Ling Hsu

Scholarly Publications

No abstract provided.


Consequences For Cleanup: Epa Gets Serious About Weak Watershed Improvement Plans, Rena I. Steinzor, Anne Havemann Jul 2014

Consequences For Cleanup: Epa Gets Serious About Weak Watershed Improvement Plans, Rena I. Steinzor, Anne Havemann

Faculty Scholarship

In a landmark series of reports issued on June 26, 2014, the Environmental Protection Agency (EPA) put the seven jurisdictions that pollute the Chesapeake Bay on notice that their plans for reducing nitrogen, phosphorous, and sediment fall short of where they must be to make cleanup by 2025 a reality. By EPA’s reckoning, Pennsylvania and Delaware were furthest off the mark, but Maryland, New York, Virginia, and West Virginia face EPA action if they fail to substantially improve their plans. Of the seven jurisdictions, only Washington, D.C. escaped serious criticism.