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Full-Text Articles in Law

Valuing Ecosystem Services In Coastal Management Policy: Looking Beyond The Here And Now, Chad J. Mcguire Dec 2014

Valuing Ecosystem Services In Coastal Management Policy: Looking Beyond The Here And Now, Chad J. Mcguire

Chad J McGuire

This article explores how the identification and account- ing of ecosystem services can aid coastal management policies, particularly as management looks to a future that includes the impacts of climate change. At the core of making better deci- sions is an understanding of the value of ecosystem services. The economic context of ecosystem services is explored in order to outline what may be considered a complete account- ing of costs. Once contextualized, ecosystem services will then be applied to current coastal management issues associ- ated with sea level rise. In particular, policy-relevant questions about mitigating and adapting to sea level …


Global Environmental Constitutionalism, Erin Daly, James May Oct 2014

Global Environmental Constitutionalism, Erin Daly, James May

Erin Daly

No abstract provided.


Allocating Responsibilities For Environmental Cleanup Liabilities Through Purchase Price Discounts, Kenneth Kristl Dec 2013

Allocating Responsibilities For Environmental Cleanup Liabilities Through Purchase Price Discounts, Kenneth Kristl

Kenneth T Kristl

No abstract provided.


The Future We Want And Constitutionally Enshrined Procedural Rights In Environmental Matters, James May, Erin Daly Dec 2013

The Future We Want And Constitutionally Enshrined Procedural Rights In Environmental Matters, James May, Erin Daly

Erin Daly

No abstract provided.


Inclusionary Eminent Domain, Gerald S. Dickinson Dec 2013

Inclusionary Eminent Domain, Gerald S. Dickinson

Gerald S. Dickinson

This article proposes a paradigm shift in takings law, namely “inclusionary eminent domain.” This new normative concept – paradoxical in nature – rethinks eminent domain as an inclusionary land assembly framework that is equipped with multiple tools to help guide municipalities, private developers and communities construct or preserve affordable housing developments. Analogous to inclusionary zoning, inclusionary eminent domain helps us think about how to fix the “exclusionary eminent domain” phenomenon of displacing low-income families by assembling and negotiating the use of land – prior to, during or after condemnation proceedings – to accommodate affordable housing where condemnation threatens to decrease …


How Environmental Review Can Generate Pollution: A Case Study, Michael Lewyn Aug 2013

How Environmental Review Can Generate Pollution: A Case Study, Michael Lewyn

Michael E Lewyn

State environmental review statutes often require state and local governments to draft an environmental impact statement for any project or permit that might have a substantial environmental impact. One such statute, New York's State Environmental Quality Review Act (SEQRA) defines “environmental impact” broadly to include not only traditionally environmental impacts such as pollution, but also social impacts such as increased neighborhood population. As a result, any large-scale development is likely to require environmental review under SEQRA.

In my article, I argue that such stringency harms air quality by discouraging infill development (that is, development in already-urbanized areas). Such development is …


A New Progressive Agenda For Public Health And The Environment, Christopher Schroeder, Rena Steinzor Feb 2013

A New Progressive Agenda For Public Health And The Environment, Christopher Schroeder, Rena Steinzor

Rena I. Steinzor

Over the last quarter century, much of the focus of federal regulatory policy in the areas of health, safety, and the environment has been gradually redirected away from protecting Americans against various harms and toward protecting corporate interests from the plain meaning of protective statutes. This book delivers precisely what its title promises, a re-imagining of federal policy in these areas, with particular focus on the regulatory process. It identifies the failings of the current approach to regulation and proposes innovative, straightforward, and practical solutions for the 21st Century. The book is a collaboration among the Member Scholars of the …


Committee On Climate Change, Sustainable Development, And Ecosystems: 2012 Annual Report, John Dernbach Dec 2012

Committee On Climate Change, Sustainable Development, And Ecosystems: 2012 Annual Report, John Dernbach

John C. Dernbach

No abstract provided.


Acting As If Tomorrow Matters: Accelerating The Transition To Sustainability, John Dernbach May 2012

Acting As If Tomorrow Matters: Accelerating The Transition To Sustainability, John Dernbach

John C. Dernbach

No abstract provided.


The Ecuadorian Exemplar: The First Ever Vindications Of Constitutional Rights Of Nature, Erin Daly Mar 2012

The Ecuadorian Exemplar: The First Ever Vindications Of Constitutional Rights Of Nature, Erin Daly

Erin Daly

The 'Sala de le Corte Provincial' - a provincial court in Ecuador - became the first court ever to vindicate the recently constitutionalized rights of nature. Recognizing the indisputable importance of the rights of nature for present and future generations, the court held the provincial government liable for flooding damages caused by dumping of construction debris. This judicial victory is arguably overshadowed by challenges facing the plaintiffs in seeing the courts order enforced, however. A subsequent case bears witness to the judiciary’s vindication of rights of nature in Ecuador with ever increasing legal effect.


Environmental Law And Policy: Nature, Law And Society, Zygmunt Plater, Robert Abrams, Robert Graham, Lisa Heinzerling, David Wirth, Noah Hall Nov 2011

Environmental Law And Policy: Nature, Law And Society, Zygmunt Plater, Robert Abrams, Robert Graham, Lisa Heinzerling, David Wirth, Noah Hall

David A. Wirth

This user-friendly book - noted for its comprehensive legal process approach to the depth and complexity of modern environmental law - gives students a solid doctrinal footing in the law and helps build their analytical skills. Environmental Law and Policy: Nature, Law, and Society, Fourth Edition, uses the legal process approach, building on a base of common law and constitutional law and continuing on to statutory and administrative law, to illustrate both the structure of the law and how it works.

Among the attributes that have made this classroom-tested casebook a favorite:

coverage not only of the staples of environmental …


Brief Of Law Professors As Amici Curiae In Support Of Respondents, American Electric Power Co. V. State Of Connecticut, No. 10-174, James R. May, Stuart Banner Feb 2011

Brief Of Law Professors As Amici Curiae In Support Of Respondents, American Electric Power Co. V. State Of Connecticut, No. 10-174, James R. May, Stuart Banner

James R. May

No abstract provided.


Learning From The Global Trade Regime: A Proposal To Help Ameliorate Climate Change By Giving The International Court Of Justice Universal Advisory Jurisdiction, Andrew Strauss Dec 2010

Learning From The Global Trade Regime: A Proposal To Help Ameliorate Climate Change By Giving The International Court Of Justice Universal Advisory Jurisdiction, Andrew Strauss

Andrew L. Strauss

No abstract provided.


Book Review: Crucial Issues In Climate Change And The Kyoto Protocol: Asia And The World (Koh Kheng-Lian, Lye Lin-Heng And Jolene Lin (Eds)), David Hodas Dec 2010

Book Review: Crucial Issues In Climate Change And The Kyoto Protocol: Asia And The World (Koh Kheng-Lian, Lye Lin-Heng And Jolene Lin (Eds)), David Hodas

David R. Hodas

No abstract provided.


Cleaning Up Our Rivers, Lakes, And Streams: Water Quality And Widener, Kenneth Kristl Dec 2010

Cleaning Up Our Rivers, Lakes, And Streams: Water Quality And Widener, Kenneth Kristl

Kenneth T Kristl

No abstract provided.


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 May 2010

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

This paper reviews the current management scheme used by Massachusetts to protect vernal pools, which represent small-scale ecosystems, and analyzes its relative strengths and weaknesses from an overall sustainability standpoint by looking at the frameworks developed for management. The frameworks are analyzed to determine if the objectives of vernal pool protection are being met. The initial impression is the outcomes are not meeting the objective of overall vernal pool protection, because there are failures in the drivers (mainly the certification requirement), which limits the number of verbal pools actually protected. An expansion of the current Massachusetts program is suggested to …


Cases And Materials On Environmental Law 2nd Edition, Oscar Gray Mar 2010

Cases And Materials On Environmental Law 2nd Edition, Oscar Gray

Oscar S. Gray

No abstract provided.


Transporting India Into A New Climate: The Implications For Energy Law And Policy, Deepa Badrinarayana Dec 2009

Transporting India Into A New Climate: The Implications For Energy Law And Policy, Deepa Badrinarayana

Deepa Badrinarayana

Abstract: India’s rapidly growing economy naturally demands increasing energy needs from the industrial scale down to the personal. Mindful of potential negative impacts of economic development, India is making efforts to encourage growth while preserving and protecting the environment and human rights. India’s Integrated Energy Policy sets out the roadmap for how the country plans to achieve the balance among development, environmental protection, citizens’ rights, energy security, and a host of other priorities and concerns. Though ambitious and broad in scope, the Policy may prove inadequate in mitigating environmental impacts of development, and thus inadequate in balancing India’s needs, particularly …


Climate Change Litigation – Power Point Slides, Chapter Three, David Hodas, Kenneth Kristl, James May Nov 2009

Climate Change Litigation – Power Point Slides, Chapter Three, David Hodas, Kenneth Kristl, James May

Kenneth T Kristl

No abstract provided.


Chesapeake Waters: Pollution, Public Health, And Public Opinion, 1607-1972, John Capper, Garrett Power, Frank Shivers Sep 2009

Chesapeake Waters: Pollution, Public Health, And Public Opinion, 1607-1972, John Capper, Garrett Power, Frank Shivers

Garrett Power

Preface The Chesapeake Bay is the most studied and best understood estuary in the United States. Yet, it is practically unexamined in the areas of the social sciences and the humanities. While millions of dollars have been spent on producing the thousands of studies that examine the physical, biological, chemical, and engineering aspects of the Bay, little attention has been given to understanding the political, cultural, and economic character of Bay governance. The relationship of the governments of Maryland and Virginia to the Bay is imperfectly documented. Government documents which do exist are scattered in various libraries in both states …


Sustainable Trends Offer Reason For Hope In Pennsylvania And Nation, John Dernbach Mar 2009

Sustainable Trends Offer Reason For Hope In Pennsylvania And Nation, John Dernbach

John C. Dernbach

No abstract provided.


Smart Use Of Resources Makes Good Economic Sense, John Dernbach Mar 2009

Smart Use Of Resources Makes Good Economic Sense, John Dernbach

John C. Dernbach

No abstract provided.


Climate Change Litigation – Power Point Slides, Chapter Three, David Hodas, Kenneth Kristl, James May Dec 2008

Climate Change Litigation – Power Point Slides, Chapter Three, David Hodas, Kenneth Kristl, James May

David R. Hodas

No abstract provided.


U.S. Policy, John Dernbach Dec 2006

U.S. Policy, John Dernbach

John C. Dernbach

No abstract provided.


Beyond Vienna And Montreal - Multilateral Agreements On Greenhouse Gases, David Wirth, Daniel Lashof Sep 1990

Beyond Vienna And Montreal - Multilateral Agreements On Greenhouse Gases, David Wirth, Daniel Lashof

David A. Wirth

No abstract provided.


Environmental Impact Statements And Climate Change, David Wirth, Glenn Prickett Feb 1989

Environmental Impact Statements And Climate Change, David Wirth, Glenn Prickett

David A. Wirth

Recent demands by atmospheric scientists and policy makers for immediate, comprehensive, and effective responses to the threat of global climate change have focused political attention on policies and laws that affect the quality of the environment. In January, the Reagan White House blocked the issuance of policy guidance that would have directed federal agencies to consider global climate change in the preparation of environmental impact statements (EIS). The Bush administration now has an early opportunity to reverse this decision. Using detailed computer models of the Earth's climate, atmospheric scientists have produced startling scenarios of the future climate conditions that will …


Environmental Citizen Suits: Three Years' Experience Under The Michigan Environmental Protection Act, Joseph Sax, Joseph Dimento Dec 1973

Environmental Citizen Suits: Three Years' Experience Under The Michigan Environmental Protection Act, Joseph Sax, Joseph Dimento

Joseph L. Sax

No abstract provided.


Standing To Sue: A Critical Review Of The Mineral King Decision, Joseph Sax Dec 1972

Standing To Sue: A Critical Review Of The Mineral King Decision, Joseph Sax

Joseph L. Sax

No abstract provided.


Michigan's Environmental Protection Act Of 1970: Progress Report, Joseph Sax, Roger Conner Dec 1971

Michigan's Environmental Protection Act Of 1970: Progress Report, Joseph Sax, Roger Conner

Joseph L. Sax

No abstract provided.