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Articles 1 - 30 of 52
Full-Text Articles in Law
Environmental Evidence, Seema Kakade
Environmental Evidence, Seema Kakade
University of Colorado Law Review
The voices of impacted people are some of the most important when trying to make improvements to social justice in a variety of contexts, including criminal policing, housing, and health care. After all, the people with on-the-ground experience know what is likely to truly effectuate change in their community, and what is not. Yet, such lived experience is also often significantly lacking and undermined in law and policy. People with lived experience tend to be seen as both community experts with valuable knowledge, as well as nonexperts with little valuable knowledge. This Article explores the lived experience with pollution as …
Fig Leaves, Pipe Dreams, And Myopia: Too-Easy Solutions In Environmental Law, Albert C. Lin
Fig Leaves, Pipe Dreams, And Myopia: Too-Easy Solutions In Environmental Law, Albert C. Lin
University of Colorado Law Review
Much of environmental law and policy rests on an unspoken premise that accomplishing environmental goals may not require addressing the root causes of environmental problems. For example, rather than regulating risks directly, society may adopt warnings that merely avoid risk, and rather than limiting plastic use and reducing plastic waste, society may adopt recycling programs. Such approaches may be well-intended and come at a relatively low economic or political cost. However, they often prove ineffective, or even harmful, and they may mislead society into believing that further responses are unnecessary.
This Article proposes the concept of "too-easy solutions" to describe …
Environmental Law In The United States, Howard J. Bromberg, Joshua I. Barrett
Environmental Law In The United States, Howard J. Bromberg, Joshua I. Barrett
Book Chapters
Environmental law in the United States comprises a complex patchwork of federal, state, and local statutes and regulations, along with the traditions of common law. Most statutory environmental programs emerged in the second half of the twentieth century. In the 1960s, writings such as Rachel Carson's Silent Spring (1962) fueled environmental awareness in the United States; the first Earth Day, celebrated on April 22, 1970, symbolized the birth of vironmental law entered a new era in 1970, when President Richard Nixon created the Environmental Protection Agency and the U.S. Congress passed the National Environmental Policy Act and the 1970 Clean …
General Deterrence And Corporate Environmental Behavior, Dorothy Thornton, Neil Gunningham, Robert Kagan
General Deterrence And Corporate Environmental Behavior, Dorothy Thornton, Neil Gunningham, Robert Kagan
Robert Kagan
This research addresses the assumption that“general deterrence” is an important key to enhanced compliance with regulatory laws. Through a survey of 233 firms in several industries in the United States, we sought to answer the following questions: (1) When severe legal penalties are imposed against a violator of environmental laws, do other companies in the same industry actually learn about such“signal cases”? (2) Does knowing about“signal cases” change firms’ compliance-related behavior? It was found that only 42 percent of respondents could identify the“signal case,” but 89 percent could identify some enforcement actions against other firms, and 63 percent of firms …
Market Failures And Protecting The Environment, Chad J. Mcguire
Market Failures And Protecting The Environment, Chad J. Mcguire
Chad J McGuire
Controlling An Invasive Plant At The Edge Of Its Range: Towards A Broader Understanding Of Management Feasibility, Zdravka Tzankova
Controlling An Invasive Plant At The Edge Of Its Range: Towards A Broader Understanding Of Management Feasibility, Zdravka Tzankova
Zdravka Tzankova
Invasion biologists often think about feasibility of weed control in purely ecological terms, while land managers’ feasibility definitions are further informed by social, policy, and institutional considerations. We use the case of cheatgrass (Bromus tectorum) in the Eastern Sierra Nevada in California to examine the origins and practical significance of differences between scientific and managerial definitions of feasibility. A serious invasive weed and a major ecological threat to the region, cheatgrass in the Eastern Sierra still exists in the kinds of low-density patches that are technically amenable to containment through active management. Yet land managers in this region dominated by …
Valuing Ecosystem Services In Coastal Management Policy: Looking Beyond The Here And Now, Chad J. Mcguire
Valuing Ecosystem Services In Coastal Management Policy: Looking Beyond The Here And Now, Chad J. Mcguire
Chad J McGuire
Winning Safer Workplaces: A Manual For State And Local Policy Reform, Rena I. Steinzor
Winning Safer Workplaces: A Manual For State And Local Policy Reform, Rena I. Steinzor
Rena I. Steinzor
We set out to compile a list of rules and policies that could be implemented by state and local governments to provide better protections for U.S. workers. This manual includes more than two dozen such ideas, organized into thematic chapters: Chapter 1: Empowering Workers, with proposals designed to strengthen workers' individual and collective power to demand changes in their workplaces; Chapter 2: Making Sure Crime Doesn't Pay, with ideas for strong enforcement of workplace health and safety rules that will punish bad actors and deter similar behavior;Chapter 3: Strengthening Institutions, with recommendations intended to bolster government agencies' efforts to protect …
Industrial Hemp: Canada Exports, United States Imports, Courtney N. Moran Ll.M.
Industrial Hemp: Canada Exports, United States Imports, Courtney N. Moran Ll.M.
Courtney N. Moran LL.M.
Industrial hemp, a non-psychoactive variety of Cannabis sativa L., (C. sativa) is the greatest renewable resource available to mankind. Industrial hemp is an environmentally friendly crop that does not require herbicides or pesticides and can clean up toxins in soil. Manufacturers can produce hemp into over 25,000 products.
More than 30 industrialized nations, including Canada, cultivate industrial hemp for commercial purposes. Despite the fact that industrial hemp is a viable agricultural commodity, in the United States hemp is classified as marihuana, a Schedule I controlled substance, under the Controlled Substances Act (CSA). Therefore, it is illegal under U.S. federal law …
Risk Tradeoff Analysis, Public Opinion And Nuclear Safety: A Spanish Case Study, Xiao Recio-Blanco
Risk Tradeoff Analysis, Public Opinion And Nuclear Safety: A Spanish Case Study, Xiao Recio-Blanco
Xiao Recio-Blanco
The 2011 nuclear accident at Fukushima-Daiichi nuclear power plant opened a heated worldwide debate over nuclear energy. Unfortunately, neither the previous nor current Spanish governments have publicized the evidence used to evaluate the merits of extending the lifespan of Spain’s own Garoña plant. This article uses the Garoña case for a twofold purpose. First, the article analyzes the accountability of Spain’s executive power decisions on potentially catastrophic industrial activities. The paper finds that the lack of appropriate information disclosure duties in Spain may allow the government to abuse its discretion on actions potentially damaging to human health and the environment. …
Could You Repeat That Please? Forty-Five Years Of Testing Pesticides On People, Barbara R. Leiterman Esq.
Could You Repeat That Please? Forty-Five Years Of Testing Pesticides On People, Barbara R. Leiterman Esq.
Barbara R. Leiterman Esq.
Little has been published in the literature about pesticide experiments conducted on human subjects. Yet there were at least twenty-two tests between 1967 and 2011 in which people were intentionally exposed to specific doses of pesticides. Almost all of these experiments violated scientific ethics and human rights. This article aims to describe those tests and their shortcomings, and explore the laws and regulations that incentivize such human experimentation. Ironically, as the public desire for pesticide safety increases, so does the industry’s motivation to test pesticides on people. Bringing these pesticide experiments to light, expanding the public discourse on the subject …
Global Adversarial Legalism: The Private Regulation Of Fdi As A Species Of Global Administrative Law, Ariel Meyerstein
Global Adversarial Legalism: The Private Regulation Of Fdi As A Species Of Global Administrative Law, Ariel Meyerstein
Ariel Meyerstein, JD, PhD
This article explores the theoretical paradigm I refer to as “global adversarial legalism,” building on Robert Kagan’s description of the American legal system. Adversarial legalism has also been explained as a governance strategy deployed by the relatively weak central governance institutions of the European Union as a means of spreading EU law. It usefully captures the fragmented political authority and relatively weak hierarchical control of the global governance, or lack thereof, of foreign direct investment.
One facet of this global adversarial legalism, already much debated, is the concern that investment arbitration tribunals exercise an overly broad and perhaps illegitimate form …
The Difficult Problem Of Nonpoint Nutrient Pollution: Could The Endangered Species Act Offer Some Relief?, Zdravka Tzankova
The Difficult Problem Of Nonpoint Nutrient Pollution: Could The Endangered Species Act Offer Some Relief?, Zdravka Tzankova
Zdravka Tzankova
Nutrient pollution of rivers, streams, lakes, and estuaries is one of the preeminent water quality issues in the United States today, and poses a significant threat to the health of aquatic ecosystems. Agricultural nonpoint discharges, the runoff of nitrogen and phosphorous from animal manure and chemical fertilizers, are the primary sources of such nutrient pollution.
A pervasive and long-standing problem, nonpoint pollution, nutri- ent and otherwise, has proven to be one of the toughest challenges in contemporary environmental regulation. This situation is significantly attributable to the political and administrative dynamics of fragmented regulatory authority. The power to control such nonpoint …
Effectiveness Of Environmental Law: What Does The Evidence Tell Us?, Michael Faure
Effectiveness Of Environmental Law: What Does The Evidence Tell Us?, Michael Faure
William & Mary Environmental Law and Policy Review
No abstract provided.
Regulatory Takings Claims And Coastal Management Of Sea Level Rise: Remembering Governments Are More Than Regulators, Chad J. Mcguire
Regulatory Takings Claims And Coastal Management Of Sea Level Rise: Remembering Governments Are More Than Regulators, Chad J. Mcguire
Chad J McGuire
American Stewardship: A Path Already Laid (Conference Draft), Colin W. Maguire
American Stewardship: A Path Already Laid (Conference Draft), Colin W. Maguire
Colin W. Maguire
The United States of America continues to be a global leader in many economic and social areas. However, the environmental movement has been given a lukewarm response in America. Far from being a global leader, the United States lags behind in the implementation of green building technology, efficient automobile use, and renewable energy technology. It is a tragedy that is slowly being addressed but one that is often an issue divided along political lines. American conservatives, whether calling themselves Republicans, Libertarians, or Independents, often lament the progressive underpinnings of the green movement and fail to give full support to green …
In Third Parties We Trust? The Growing Antitrust Impact Of Third-Party Green Building Certification Systems For State And Local Governments, Darren Prum, Robert Aalberts, Stephen Del Percio
In Third Parties We Trust? The Growing Antitrust Impact Of Third-Party Green Building Certification Systems For State And Local Governments, Darren Prum, Robert Aalberts, Stephen Del Percio
Darren A. Prum
According to the American Institute of Architects, there has been a 50 percent increase in the number of municipalities with a green building program in place since 2007. And 24 of the country's 25 largest metropolitan areas are built around a city with green building legislation on its books. Reducing buildings' environmental impact is a noble - and critical - goal. But governments' reliance on private, third-party standard-setting organizations - and the rating systems that they promulgate - as the basis for that legislation may be legally problematic.
This Article reviews one of those potentially problematic bases: antitrust. In order …
Systems Thinking Applied To U.S. Federal Fisheries Management, Chad J. Mcguire, Bradley P. Harris
Systems Thinking Applied To U.S. Federal Fisheries Management, Chad J. Mcguire, Bradley P. Harris
Chad J McGuire
Coastal Planning, Federal Consistency, And Climate Change: A Recent Divergence Of Federal And State Interests, Chad J. Mcguire
Coastal Planning, Federal Consistency, And Climate Change: A Recent Divergence Of Federal And State Interests, Chad J. Mcguire
Chad J McGuire
Climate Adaptation And The Fifth Amendment Of The U.S. Constitution: A Regulatory Takings Analysis Of Adaptation Strategies In Coastal Development With Application To Connecticut’S Coastal Management Regime, Chad J. Mcguire, Jason Hill
Climate Adaptation And The Fifth Amendment Of The U.S. Constitution: A Regulatory Takings Analysis Of Adaptation Strategies In Coastal Development With Application To Connecticut’S Coastal Management Regime, Chad J. Mcguire, Jason Hill
Chad J McGuire
Global Law And The Environment, Robert V. Percival
Global Law And The Environment, Robert V. Percival
Robert Percival
This article explores three areas in which globalization is profoundly affecting the development of a global environmental law. First, countries increasingly are borrowing law and regulatory innovations from one another to respond to common environmental problems. Although this is not an entirely new phenomenon, it is occurring at an unprecedented pace. Second, lawsuits seeking to hold companies liable for environmental harm they have caused outside their home countries are raising new questions concerning the appropriate venue for such transnational liability litigation and the standards courts should apply for enforcement of foreign judgments. Third, nongovernmental organizations are playing an increasingly important …
China's "Green Leap Forward" Toward Global Environmental Leadership, Robert V. Percival
China's "Green Leap Forward" Toward Global Environmental Leadership, Robert V. Percival
Robert Percival
This article argues that China may be on the verge of a “Green Leap Forward” that could make it a global environmental leader. This article argues that two principal forces have contributed to this development. First, Chinese officials now realize that a global shift away from fossil fuels will create enormous business opportunities on a global scale. Chinese companies are now making enormous strides in the development of green technology, such as solar power, wind energy, and electric cars, with the active assistance of the Chinese government. Second, realizing that climate change severely threatens China, and stung by the criticism …
A Review Of Amendment 16 To The Northeast Multispecies Fishery Management Plan, Jonathon N. Feinberg, Chad J. Mcguire
A Review Of Amendment 16 To The Northeast Multispecies Fishery Management Plan, Jonathon N. Feinberg, Chad J. Mcguire
Chad J McGuire
Who Owns The Fish? Moving From The Commons To Federal Ownership Of Our National Fisheries, John B. Walden, Chad J. Mcguire
Who Owns The Fish? Moving From The Commons To Federal Ownership Of Our National Fisheries, John B. Walden, Chad J. Mcguire
Chad J McGuire
Marine Mammals And International Trade: Balancing Social Conscience With Trade Obligations – A Summary And Update On The World Trade Organization Seal Products Dispute, Chad J. Mcguire
Chad J McGuire
Allocating Power Within Agencies, Elizabeth Magill, Adrian Vermeule
Allocating Power Within Agencies, Elizabeth Magill, Adrian Vermeule
All Faculty Scholarship
Standard questions in the theory of administrative law involve the allocation of power among legislatures, courts, the President, and various types of agencies. These questions are often heavily informed by normative commitments to particular allocations of governmental authority among the three branches of the national government. These discussions, however, are incomplete because agencies are typically treated as unitary entities. In this essay, we examine a different question: How does administrative law allocate power within agencies? Although scholars have sometimes cracked open the black box of agencies to peer inside, their insights are localized and confined to particular contexts. We will …
Can The Esa Address The Threats Of Atmospheric Nitrogen Deposition? Insights From The Case Of The Bay Checkerspot Butterfly, Zdravka Tzankova, Dena Vallano, Erika Zavaleta
Can The Esa Address The Threats Of Atmospheric Nitrogen Deposition? Insights From The Case Of The Bay Checkerspot Butterfly, Zdravka Tzankova, Dena Vallano, Erika Zavaleta
Zdravka Tzankova
The Bay Checkerspot Butterfly reached its threatened status largely as a result of habitat loss through development. The species now benefits from the habitat pro- tection powers of the Endangered Species Act, yet the biggest new hazard to the survival of remaining Bay Checkerspot Butterfly populations may come from atmospheric nitrogen deposition. Driven by combustion and agricultural emissions, such deposition is an important cause of change in ecosystem structure and function, including potentially critical changes in the remaining Bay Checkerspot Butterfly habitat. We use the Bay Checkerspot Butterfly case to examine whether the Endan- gered Species Act, as it currently …
Some Back-Ended Legal And Political Issues In United States Fisheries Management, Chad J. Mcguire, Bradley P. Harris
Some Back-Ended Legal And Political Issues In United States Fisheries Management, Chad J. Mcguire, Bradley P. Harris
Chad J McGuire
Sustainable Approaches To Managing Small-Scale Ecosystems: A Case Study Of Vernal Pool Protection In The Commonwealth Of Massachusetts, United States Of America, Chad J. Mcguire
Chad J McGuire
Climate Adaptation And The Fifth Amendment To The United States Constitution: How Do Adaptation Strategies Impact Regulatory Takings Claims?, Chad J. Mcguire