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Articles 361 - 390 of 2161
Full-Text Articles in Law
Falling Behind: Processing And Enforcing Permits For Animal Agriculture Operations In Maryland Is Lagging, Rena I. Steinzor, Anne Havemann
Falling Behind: Processing And Enforcing Permits For Animal Agriculture Operations In Maryland Is Lagging, Rena I. Steinzor, Anne Havemann
Rena I. Steinzor
After decades of failed interstate agreements, the Chesapeake Bay is choking on too many nutrients. The estuary’s last, best chance of recovery is the Environmental Protection Agency's Total Maximum Daily Load (“TMDL”) program, also known as a pollution diet. To meet this deadline, all polluters, including large animal farms, will need to sharply reduce the pollutants they release into the Bay. The Maryland Department of the Environment (MDE) must ensure that each Concentrated Animal Feeding Operation (“CAFO”) has developed a facility-specific permit that details when and where manure is applied to fields and how waste is stored and handled. Then …
C(R)Ap And Trade: The Brave New World Of Non-Point Source Nutrient Trading And Using Lessons From Greenhouse Gas Markets To Make It Work, Victor B. Flatt
C(R)Ap And Trade: The Brave New World Of Non-Point Source Nutrient Trading And Using Lessons From Greenhouse Gas Markets To Make It Work, Victor B. Flatt
Victor B Flatt
After several decades of improvement, water quality in the United States is getting worse, and the problem is primarily caused by run-off from non-point sources, such as farms and urban development. These non-point sources have never had regulatory mandates in the Clean Water Act, and have proven very difficult to control. With little likelihood of comprehensive statutory changes, the EPA and the states that administer the Clean Water Act have looked to other regulatory means to address this problem. One of the most prominent has been the use of markets in pollution (particularly for nutrient pollution from run-off) to provide …
Putting A Price On Carbon: The Metaphor, David M. Driesen
Putting A Price On Carbon: The Metaphor, David M. Driesen
David M Driesen
This Essay analyzes the characterization of both pollution taxes and so-called cap-and-trade programs addressing greenhouse gas emissions as policies that “put a price on carbon,” a characterization that has come to dominate both policy discussion and much modern scholarship on environmental instrument choice. It shows that the rationale for characterizing cap-and-trade— a quantitative rather than a pricing mechanism— as putting a price on carbon suggests that analysts should likewise treat traditional regulation as a mechanism putting a price on carbon. Treating “market-based mechanisms” as uniquely putting a price on carbon reflects and perpetuates a tendency to see markets and government …
Cercla's Mistakes, John Copeland Nagle
Interfaces Between Csr, Corporate Law And The Problem Of Social Costs, Benedict Sheehy
Interfaces Between Csr, Corporate Law And The Problem Of Social Costs, Benedict Sheehy
Benedict Sheehy
Abstract: CSR is an increasingly seen as the preferred approach to addressing the social impacts of industrial production. These social impacts, however, come in the first instance from production and not the corporation. The legal corporation facilitates social costs secondarily. Much of the thinking about CSR fails to adequately take account of the systemic nature of social costs, the legal nature of the corporation and social costs and the so the systemic failure of law to deal with them. This article addresses the interface between the three concepts and related issues of CSR, social costs and corporate law.
Vulnerability And Power In The Age Of The Anthropocene, Angela Harris
Vulnerability And Power In The Age Of The Anthropocene, Angela Harris
Angela P Harris
No abstract provided.
Hiding The Ball: The Sidestepping Of National Pollution Discharge Elimination System Permitting Requirements By Concentrated Animal Feeding Operations, Adam S. Carlesco
Hiding The Ball: The Sidestepping Of National Pollution Discharge Elimination System Permitting Requirements By Concentrated Animal Feeding Operations, Adam S. Carlesco
Adam S Carlesco
Concentrated animal feeding operations (CAFOs) are one of the few point sources under Clean Water Act jurisdiction that are not required to meet more stringent NPDES permitting requirements. After a series of court cases, the EPA proposed rulemaking requiring the submission of information by CAFO operators to create a national database of CAFO locations and operation information, yet that rulemaking was subsequently abandoned. This paper proposes that EPA implement the proposedreporting requirements put forth in their 2010 settlement agreement with environmental petitioners.
Insurance At The Energy-Water Nexus, Donald Thomas Hornstein
Insurance At The Energy-Water Nexus, Donald Thomas Hornstein
Faculty Publications
No abstract provided.
Compulsory Water Fluoridation: Justifiable Public Health Benefit Or Human Experimental Research Without Informed Consent, Rita Barnett
Compulsory Water Fluoridation: Justifiable Public Health Benefit Or Human Experimental Research Without Informed Consent, Rita Barnett
Rita Barnett-Rose
Most Americans are under the impression that compulsory water fluoridation is a safe and effective public health measure to fight tooth decay, and courts have routinely upheld compulsory water fluoridation schemes as legitimate exercises of police power to ensure the dental health of communities. Yet the evidence is steadily mounting against water fluoridation, with recent scientific studies suggesting that not only is fluoridation not effective at achieving the stated public health goal of combating dental caries, but also that excess exposure to fluoride contributes to a host of far more serious health concerns, particularly in the very population the public …
Defending The Environment: A Mission For The World's Militaries, Mark P. Nevitt
Defending The Environment: A Mission For The World's Militaries, Mark P. Nevitt
Mark P Nevitt
Critics often fault the U.S. military for its environmental stewardship, and legal scholarship frequently highlights efforts by the military to seek national security exemptions from various environmental laws and the military’s poor cleanup record. Yet the Department of Defense (“DoD”) is largely subject to and complies with the full array of American environmental laws in the same manner and extent as any agency of the federal government. While the military’s environmental record is far from perfect, a comparative legal survey shows that the U.S. is at the relative forefront of effectively balancing environmental stewardship with national security.
This article surveys …
Extrajudicial Executions And Assaults In American Prisons And The Looming Human Rights Crisis, Robert M. Hardaway
Extrajudicial Executions And Assaults In American Prisons And The Looming Human Rights Crisis, Robert M. Hardaway
Robert Hardaway
This article examines the current due process crisis in American prisons and proposes reforms that would comply with human rights principles and international law. The number of prisoners killed in American prisons exceeds the number who are executed pursuant to judicial process. The bulk of these extrajudicial killings, and sexual assaults are the proximate consequence of close contact between prisoners. The predominate practice in American prisons is at the extreme ends of the spectrum—that is either placing prisoners in solitary confinement, a practice that has been challenged on Eighth Amendment grounds, or placing them in such close contact with each …
Coping With Climate: Legal Innovation In The Absence Of Full Reform, Robert R.M. Verchick, Faye Sheets
Coping With Climate: Legal Innovation In The Absence Of Full Reform, Robert R.M. Verchick, Faye Sheets
Robert R.M. Verchick
In the absence of a federal legislation directing government to adapt to the unavoidable effects of climate change, the Obama administration has put its faith in existing environmental laws like the Clean Air Act (“CAA”), the Endangered Species Act (“ESA”), and the National Environmental Policy Act (“NEPA”). But often federal objectives focus only on reducing greenhouse gases—what experts call “mitigation”—and neglect strategies for coping with the climate disruptions that we cannot avoid—otherwise known as “adaptation.” Where the federal policy falls short, states are beginning to experiment on their own with climate adaptation strategies. This essay examines both approaches, mitigation and …
Will More, Better, Cheaper, And Faster Monitoring Improve Environmental Management?, Ryan P. Kelly
Will More, Better, Cheaper, And Faster Monitoring Improve Environmental Management?, Ryan P. Kelly
Ryan P Kelly
Two critical problems in environmental management are a lack of primary data and the difficulty of assessing the environmental impacts of human activities. Producing the information necessary to address these twin challenges is often difficult and expensive, which impedes decisionmaking in environmental management. I focus here on the possibility of making data collection more powerful and more cost-effective with a suite of analyses made tractable by emerging technology for genetic analysis. More, better, cheaper, and faster information about the planet’s living resources promises to influence a wide range of legal and policy processes—from Clean Water Act compliance and related public …
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 …
The Sun Also Rises: Prospects For Solar District Heating In The United States, Adam L. Reed, John S. Mccartney
The Sun Also Rises: Prospects For Solar District Heating In The United States, Adam L. Reed, John S. Mccartney
Kevin L Doran
Renewable thermal energy remains a largely untapped resource in the United States, despite its low costs and growing popularity in many other countries and the pressing need to rapidly deploy and scale carbon-free energy sources in order to mitigate anthropogenic climate change. In this article, an energy attorney and a civil engineer collaborate to examine the prospects in the United States for solar district heating (SDH), a thermal technology that leverages economies of scale to provide zero-carbon, round-the-clock space and water heating (on average, the two largest components of building energy demand) to neighborhoods and commercial zones at costs competitive …
Offshore Safety And Environmental Regimes: A Post-Macondo Comparative Analysis Of The United States And United Kingdom, Jeffery R. Ray
Offshore Safety And Environmental Regimes: A Post-Macondo Comparative Analysis Of The United States And United Kingdom, Jeffery R. Ray
Jeffery R Ray
Abstract This paper uses a selected review of United States (US) laws resulting from the issues presented by the Deepwater Horizon, or Macondo, incident. Regulatory issues based on engineering concerns are analysed in the second half of the US Chapter. The analysis questions whether the US has truly dealt with Macondo issues or if the issues were effectively tabled. The current state of the US regime indicates that it is either in a transitional phase or it has failed to implement key measures to effectively utilize the post-Macondo regulations. The United Kingdom (UK) offshore safety regime followed by selected environmental …
Green Building Geography Across The United States: Does Governmental Incentives Or Economic Growth Stimulate Construction?, Darren Prum, Tetsuo Kobayashi
Green Building Geography Across The United States: Does Governmental Incentives Or Economic Growth Stimulate Construction?, Darren Prum, Tetsuo Kobayashi
Darren A. Prum
As green building activity continues to rise across the country, some state governments decided to create incentives that would motivate developers to voluntarily pursue third party certification for their real estate projects in order to assist in meeting sustainability and environmental goals. Despite the growing number of studies in green buildings, the geography of green buildings and sustainable construction only includes a few studies, which emphasize the lack of green building research from the spatial perspective and their relevance to public policies the lack of green building research from the spatial perspective and their relevance to public policies. This study …
The Spending Power And Environmental Law After Sebelius, Erin Ryan
The Spending Power And Environmental Law After Sebelius, Erin Ryan
Erin Ryan
This article analyzes the Supreme Court’s new spending power doctrine and its impact on state-federal bargaining in programs of cooperative federalism, using the laboratory of environmental law. (It expands on the legal analysis in an Issue Brief originally published by the American Constitution Society on Oct. 1, 2013.) After the Supreme Court ruled in the highly charged Affordable Care Act case of 2012, National Federation of Independent Business vs. Sebelius, the political arena erupted in debate over the implications for the health reform initiative and, more generally, the reach of federal law. Analysts fixated on the decision’s dueling Commerce Clause …
The Persistence Of National Peculiarities: Translating Representative, Anna Katharina Mangold
The Persistence Of National Peculiarities: Translating Representative, Anna Katharina Mangold
Indiana Journal of Global Legal Studies
This paper explores representative environmental action in international, European Union, and German environmental law as an example of '7egal translation." The Aarhus Convention, dating from 1998, requests signatory parties to provide environmental NGOs with wide access to justice so that the protection of the environment can be controlled by the judiciary. Both the European Union and Germany have implemented the provisions of the Aarhus Convention into their respective legal orders. This process of implementation can be considered as "legal translations." The argument of this paper is that a perspective of '7egal translation" provides new vistas on the various intertwined layers …
Profile In Public Integrity: Joseph Ferguson, Center For The Advancement Of Public Integrity
Profile In Public Integrity: Joseph Ferguson, Center For The Advancement Of Public Integrity
Center for the Advancement of Public Integrity (Inactive)
Joseph Ferguson is in his second term as Chicago’s Inspector General. Ferguson came to the Inspector General’s Office following 15 years with the United States Attorney’s Office (USAO) for the Northern District of Illinois. From 1994 through 1999 he represented the United States in cases before the U.S. District Court for the Northern District of Illinois and U.S. Seventh Circuit Court of Appeals involving employment discrimination (Title VII), civil rights, environmental law, and government program fraud. From 2000 to 2009, Ferguson worked in the Criminal Division of the USAO, prosecuting public corruption, mail/wire fraud, tax, healthcare and government program frauds, …
An Empirical Analysis Of Cost Recovery In Superfund Cases: Implications For Brownfields And Joint And Several Liability, Howard F. Chang, Hilary Sigman
An Empirical Analysis Of Cost Recovery In Superfund Cases: Implications For Brownfields And Joint And Several Liability, Howard F. Chang, Hilary Sigman
All Faculty Scholarship
Economic theory developed in the prior literature indicates that under the joint and several liability imposed by the federal Superfund statute, the government should recover more of its costs of cleaning up contaminated sites than it would under nonjoint liability, and the amount recovered should increase with the number of defendants and with the independence among defendants in trial outcomes. We test these predictions empirically using data on outcomes in federal Superfund cases. Theory also suggests that this increase in the amount recovered may discourage the sale and redevelopment of potentially contaminated sites (or “brownfields”). We find the increase to …
Essential Reading On Sustainable Development Law, Andrea Ross, John Dernbach
Essential Reading On Sustainable Development Law, Andrea Ross, John Dernbach
John C. Dernbach
This short bibliography identifies and describes twelve key readings in the law of sustainable development.
Rising Sea Levels: A Tidal Wave Of Legal Issues, Kenneth Kristl
Rising Sea Levels: A Tidal Wave Of Legal Issues, Kenneth Kristl
Kenneth T Kristl
No abstract provided.
Allocating Responsibilities For Environmental Cleanup Liabilities Through Purchase Price Discounts, Kenneth Kristl
Allocating Responsibilities For Environmental Cleanup Liabilities Through Purchase Price Discounts, Kenneth Kristl
Kenneth T Kristl
No abstract provided.
Evolution Of U.S. Climate Policy, John Dernbach, Robert Altenburg
Evolution Of U.S. Climate Policy, John Dernbach, Robert Altenburg
John C. Dernbach
No abstract provided.
Eu:S Handel Med Utsläppsrättigheter Och De Globala Obalanserna I Klimatskyddet, Sanja Bogojevic
Eu:S Handel Med Utsläppsrättigheter Och De Globala Obalanserna I Klimatskyddet, Sanja Bogojevic
Sanja Bogojević
No abstract provided.
Missouri River Reservoirs In A Century Of Climate Change: National Or Local Resource?, John Davidson
Missouri River Reservoirs In A Century Of Climate Change: National Or Local Resource?, John Davidson
John Davidson
No abstract provided.
The Deepwater Horizon Disaster Compensation Process As Corrective Justice: View From The Ground Up, Joan Flocks, James Davies
The Deepwater Horizon Disaster Compensation Process As Corrective Justice: View From The Ground Up, Joan Flocks, James Davies
Joan D. Flocks
No abstract provided.
State Initiatives, David Hodas
State Initiatives, David Hodas
David R. Hodas
Every state in the United States has adopted laws or policies to address climate change, either explicitly or indirectly through energy regulation, transportation-related initiatives, or energy building codes. Innovative state laws and policies have proven remarkably effective in reducing GHG emissions both quantitatively and as a percentage of state GDP. Broadly speaking, states understand that climate change is a global phenomenon that must be addressed nationally and internationally. Inevitably much GHG emission reduction and adaptation to the adverse consequences of climate change falls on states to implement because of their local powers to regulate utilities, land use, building codes, transportation, …
Requiem For Regulation, Garrett Power
Requiem For Regulation, Garrett Power
Garrett Power
This comment reviews U.S. Supreme Court decisions over the past 100 years which have considered the constitutional limitations on governmental powers. It finds that at the three-quarter mark of the 20th century, a remarkable set of Court precedents had swollen the regulatory powers of governments while shrinking private rights to property and contract. But since the Reagan years, a more conservative Court has undertaken to curtail governmental activity in general, and to limit federal, state, and local planning in particular. A number of 5-4 decisions expanded private property rights and contracted the scope of the federal “commerce power.” The comment …