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Articles 61 - 74 of 74
Full-Text Articles in Law
Northeast Natural Energy, Llc V. City Of Morgantown, Emery L. Lyon
Northeast Natural Energy, Llc V. City Of Morgantown, Emery L. Lyon
NYLS Law Review
No abstract provided.
Energy And Environmental Law, Joel B. Eisen
Energy And Environmental Law, Joel B. Eisen
Law Faculty Publications
This chapter covers energy law, which focuses on the production, distribution, conservation, and development of energy resources. State and federal energy laws and regulations are designed to keep prices to consumers down (particularly in certain energy industries which state and federal governments monitor to keep markets as competitive as possible) and to address economic, environmental, and national security issues.
Private Environmental Governance, Michael P. Vandenbergh
Private Environmental Governance, Michael P. Vandenbergh
Vanderbilt Law School Faculty Publications
Environmental law has quietly transformed from a positive law field deeply rooted in administrative law to one that is also heavily rooted in private law and private governance. After two decades (1970-1990) of remarkable activity, more than two decades have now passed without a major federal environmental statute (1991-2012). Whether the appropriate next step is expansion or contraction, reforms to the federal statutory framework have stalled. Federal regulatory activity and state and local measures have filled some of the gap, but private governance efforts – the pursuit of public ends through private standards, monitoring, enforcement, and dispute resolution – now …
Global Environmental Law: Food Safety & China, Jason J. Czarnezki
Global Environmental Law: Food Safety & China, Jason J. Czarnezki
Elisabeth Haub School of Law Faculty Publications
This article makes the case for food security law and policy as a component of global environmental law in recognition of the global economy, trade liberalization, and concerns for food safety and environmental harm. It further describes rule of law as a significant force in mitigating food safety concerns and pollution in China. Part II explores global food safety concerns in the context of United States-China relations, while Part III discusses the U.S. Food & Drug Administration's on-the-ground presence in China as an example of the emergence of cooperative agreements in global environmental governance. Part IV shows how increased rule …
The Icj, Itlos And The Precautionary Approach: Paltry Progressions, Jurisprudential Jousting, David Vanderzwaag
The Icj, Itlos And The Precautionary Approach: Paltry Progressions, Jurisprudential Jousting, David Vanderzwaag
Articles, Book Chapters, & Popular Press
The precautionary approach, although highly touted as a fundamental principle of international environmental law, has become well-known for the confusion surrounding its interpretation and practical implications. Confusion has emanated from definitional generalities and variations and even debates over appropriate terminology. A spectrum of precautionary measures exist and viewpoints on whether strong versions of precaution or weaker versions should prevail have differed.
Introductory Remarks. Arctic Law: The Challenges Of Governance In The Changing Arctic, Austen L. Parrish
Introductory Remarks. Arctic Law: The Challenges Of Governance In The Changing Arctic, Austen L. Parrish
Articles by Maurer Faculty
No abstract provided.
Solving "The Gravest Natural Resource Shortage You've Never Heard Of": Applying Transnational New Governance To The Phosphate Industry, Chelsae R. Johansen
Solving "The Gravest Natural Resource Shortage You've Never Heard Of": Applying Transnational New Governance To The Phosphate Industry, Chelsae R. Johansen
Vanderbilt Journal of Transnational Law
Experts believe that global reserves of phosphates, an essential and irreplaceable ingredient in fertilizers, will only last another fifty to one hundred years. Although the consequences of a phosphate shortage include a global famine and decreased world population, the phosphate industry today operates with little concern for sustainable mining and use of the resource. Because the current system of international governance is neither raising awareness of the looming phosphate shortage nor incentivizing phosphate-industry members to act sustainably, the future of phosphates and of food security depend on a decentralized system of internal industry governance known as Transnational New Governance. This …
Stasis And Change In Environmental Law: The Past, Present And Future Of The Fordham Environmental Law Review, Gerald S. Dickinson
Stasis And Change In Environmental Law: The Past, Present And Future Of The Fordham Environmental Law Review, Gerald S. Dickinson
Articles
The past twenty years of environmental law are marked as much by legislative stasis as by profound change in the way that lawyers, policymakers, and scholars interact with the field. Although no new federal legislation was passed over the past two decades, much has changed about the field of environmental law. This change is the result of a set of conceptual and legal challenges to the field posed by intellectual and policy movements that took root in the early 1990s. The intellectual and policy movements that have most profoundly shaped the field of environmental law in the past twenty years …
The Importance Of Information And Participation Principles In Environmental Law In Brazil, David N. Cassuto, Romulo S.R. Sampaio
The Importance Of Information And Participation Principles In Environmental Law In Brazil, David N. Cassuto, Romulo S.R. Sampaio
Elisabeth Haub School of Law Faculty Publications
This article explores the two different kinds of uncertainty, ‘hard’ uncertainty (unknown unknowns) and ‘soft’ uncertainty (known unknowns), in the context of environmental law decision making. First, the authors argue that these different categories should not be treated the same when facing decisions under uncertainty. To deal with these different uncertainties, a tiered risk analysis process is called for, using participatory techniques to turn hard uncertainty into (more manageable) soft uncertainty as well as to increase the legitimacy of environmental decision making, even in cases of hard uncertainty. This methodology can and should apply to all instances of domestic, transnational …
The Supreme Court And The Ppl Montana Case: Examining The Relationship Between Navigability And State Ownership Of Submerged Lands, Richard C. Ausness
The Supreme Court And The Ppl Montana Case: Examining The Relationship Between Navigability And State Ownership Of Submerged Lands, Richard C. Ausness
Law Faculty Scholarly Articles
The United States Supreme Court held in PPL Montana v. Montana held that the State of Montana did not own the beds beneath certain rivers and, therefore, rejected the State's claim that the power company owed it millions of dollars in "back rent" for the use of the riverbeds as sites for ten of its hydroelectric power plants. The Montana Supreme Court, which had ruled in favor of the State, declared that even if portions of a river were not navigable for commercial purposes because of physical conditions, the entire river would be treated as navigable if commercial traffic could …
Committee On Climate Change, Sustainable Development, And Ecosystems: 2012 Annual Report, John Dernbach
Committee On Climate Change, Sustainable Development, And Ecosystems: 2012 Annual Report, John Dernbach
John C. Dernbach
No abstract provided.
Environmental Justice And Environmental Law, Alice Kaswan
Environmental Justice And Environmental Law, Alice Kaswan
Alice Kaswan
This essay, prepared for the Fordham Environmental Law Review’s 20th Anniversary edition marking key developments in environmental law, addresses the past and future of environmental justice. From a historical perspective, it analyzes the central features of the environmental justice movement, its strengths and weaknesses in influencing environmental law, and the systemic reasons why environmental justice has struggled for influence in environmental policy. Looking forward, the essay focuses on how the environmental justice movement can contribute to the future of environmental law. Amplifying the voices of many environmental justice scholars, it argues that the environmental justice movement and its sister movement, …
Stasis And Change In Environmental Law, Gerald S. Dickinson
Stasis And Change In Environmental Law, Gerald S. Dickinson
Gerald S. Dickinson
The past twenty years of environmental law are marked as much by legislative stasis as by profound change in the way that lawyers, policymakers, and scholars interact with the field. Although no new federal legislation was passed over the past two decades, much has changed about the field of environmental law. This change is the result of a set of conceptual and legal challenges to the field posed by intellectual and policy movements that took root in the early 1990s. The intellectual and policy movements that have most profoundly shaped the field of environmental law in the past twenty years …
Transcript Of The Federalist Society’S 2012 National Lawyers Convention: Environmental Law, Federalism, And The Energy Revolution: Can State And Federal Regulators Adapt To Innovations?, Jason B. Hutt, James R. May, Craig Segall, Joel R. Burcat, Timothy M. Tymkovich
Transcript Of The Federalist Society’S 2012 National Lawyers Convention: Environmental Law, Federalism, And The Energy Revolution: Can State And Federal Regulators Adapt To Innovations?, Jason B. Hutt, James R. May, Craig Segall, Joel R. Burcat, Timothy M. Tymkovich
James R. May
No abstract provided.