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Full-Text Articles in Environmental Law

When Does Legal Flexibility Work In Environmental Law, Eric Biber, Josh Eagle Nov 2105

When Does Legal Flexibility Work In Environmental Law, Eric Biber, Josh Eagle

Josh Eagle

Environmental law scholars, practitioners, and policymakers have wrestled for some time with the implications of climate change for environmental law. There is widespread, although not universal, agreement that climate change requires greater flexibility in environmental legal systems. Flexibility—reduced procedural requirements for administrative agency decision making and less rigid substantive standards—would allow the agencies that implement environmental law to adapt to a future world characterized by dynamic, uncertain changes in natural resource systems. According to its proponents, flexibility would make it easier for agencies to more frequently update their management or regulatory decisions to respond to changed conditions, and ...


When Does Legal Flexibility Work In Environmental Law, Eric Biber, Josh Eagle Nov 2105

When Does Legal Flexibility Work In Environmental Law, Eric Biber, Josh Eagle

Eric Biber

Environmental law scholars, practitioners, and policymakers have wrestled for some time with the implications of climate change for environmental law. There is widespread, although not universal, agreement that climate change requires greater flexibility in environmental legal systems. Flexibility—reduced procedural requirements for administrative agency decision making and less rigid substantive standards—would allow the agencies that implement environmental law to adapt to a future world characterized by dynamic, uncertain changes in natural resource systems. According to its proponents, flexibility would make it easier for agencies to more frequently update their management or regulatory decisions to respond to changed conditions, and ...


Reasonable Inference Of Authority To Control Hazardous Waste Disposal Results In Potential Liability: United States V. Aceto Agricultural Chemicals Corporation, Anita Letter Jan 2020

Reasonable Inference Of Authority To Control Hazardous Waste Disposal Results In Potential Liability: United States V. Aceto Agricultural Chemicals Corporation, Anita Letter

Natural Resources Journal

No abstract provided.


Developing Policy From The Ground Up: Examining Entitlement In The Bay Area To Inform California’S Housing Policy Debates, Moira O’Neill, Giulia Gualco-Nelson, Eric Biber Jan 2019

Developing Policy From The Ground Up: Examining Entitlement In The Bay Area To Inform California’S Housing Policy Debates, Moira O’Neill, Giulia Gualco-Nelson, Eric Biber

Hastings Environmental Law Journal

No abstract provided.


Cultural Property, Human Rights, And Sustainable Development: The Case Of The Ancient City Of Durrës, Helga Turku Jan 2019

Cultural Property, Human Rights, And Sustainable Development: The Case Of The Ancient City Of Durrës, Helga Turku

Hastings Environmental Law Journal

No abstract provided.


Suction Dredging In The United States: Current Regulations And Potential Paths Forward, Colin Arsenault Jan 2019

Suction Dredging In The United States: Current Regulations And Potential Paths Forward, Colin Arsenault

Hastings Environmental Law Journal

No abstract provided.


Crop Insurance Reform In The Face Of Climate Change, Perry Elerts Jan 2019

Crop Insurance Reform In The Face Of Climate Change, Perry Elerts

Hastings Environmental Law Journal

No abstract provided.


Pipelines & Power-Lines: Building The Energy Transport Future, James W. Coleman Jan 2019

Pipelines & Power-Lines: Building The Energy Transport Future, James W. Coleman

Faculty Scholarship

The United States is in the middle of three profound energy revolutions — with booming production of renewable power, natural gas, and oil. The country is replacing coal power with renewable and natural gas power, reducing pollution while saving consumers money. And it has dramatically cut its oil imports while becoming, for the first time in half a century, an important oil exporter. The U.S. is on the cusp of an energy transformation that will provide immense economic and environmental benefits.

This new energy economy will require massive investment in energy transport — especially power lines to bring wind and solar ...


Energy Competition: From Commodity To Boutique & Back, James W. Coleman Jan 2019

Energy Competition: From Commodity To Boutique & Back, James W. Coleman

Faculty Scholarship

Energy products such as power, gas, and oil have long been the world’s premier commodities. Consumers demand that power and fuel are available when they want it and they prefer to pay less for it. Few know or care where their fuel or power comes from. So for years energy companies believed that efforts to differentiate their products were mostly ineffective — they were re-signed to compete on price in fierce global commodity markets. But in recent years, a new focus on regulating how energy commodities are produced has begun to splinter previously integrated energy markets, creating markets for boutique ...


“The Lord’S Work”: An Overview Of Ceqa’S Judicial Remedies And Recommendations For Reform, Michelle Ouellette, Ali Tehrani Jan 2019

“The Lord’S Work”: An Overview Of Ceqa’S Judicial Remedies And Recommendations For Reform, Michelle Ouellette, Ali Tehrani

Hastings Environmental Law Journal

No abstract provided.


Governing Nature Conservation In Political “Hotbeds”: A Contractual Approach, Taufik Haryanto, Kai P. Purnhagen Jan 2019

Governing Nature Conservation In Political “Hotbeds”: A Contractual Approach, Taufik Haryanto, Kai P. Purnhagen

Hastings Environmental Law Journal

No abstract provided.


Thirsty For Justice: The Fight For Safe Drinking Water, Debi Ores Jan 2019

Thirsty For Justice: The Fight For Safe Drinking Water, Debi Ores

Hastings Environmental Law Journal

No abstract provided.


Clearing The Air: Disincentivizing Driving And Encouraging The Use Of Public Transportation To Combat Vehicle Pollution At A State Level, Michelle Castaline Jan 2019

Clearing The Air: Disincentivizing Driving And Encouraging The Use Of Public Transportation To Combat Vehicle Pollution At A State Level, Michelle Castaline

Hastings Environmental Law Journal

No abstract provided.


The Most Fundamental Right, Nicholas A. Robinson Jan 2019

The Most Fundamental Right, Nicholas A. Robinson

Pace Law Faculty Publications

The Magna Carta and successors recognize a right to the environment as central to human existence. Along with associated rule of law and due process, 193 national charters recognize such a right — but not the U.S. Constitution. This right does lie latent in America’s state constitutions, however, and can also be read into the federal document as well. Meanwhile, recognition of environmental rights is expanding globally.


I Could Turn You To Stone: Indigenous Blockades In An Age Of Climate Change, Patrick C. Canning Dec 2018

I Could Turn You To Stone: Indigenous Blockades In An Age Of Climate Change, Patrick C. Canning

The International Indigenous Policy Journal

Indigenous Peoples in Canada and around the world have, for years, used blockades and direct action when alternative means of asserting their rights have failed. The Secwépemc First Nation of British Columbia, Canada, has a myth where a character, Sk’elép, encounters strangers who try to “transform” him, but fail. He tells them he could turn them to stone, but he will not. This myth is used as a lens to reflect, from a settler perspective, on the potential for future Indigenous-led blockades, which could reach the point of mass economic shutdowns, in response to a lack of action on ...


Why Corporate Attorneys And Other Gatekeepers Should Consider Esg And Sustainability Principles, Beth Haddock, Tucker Pribor, Kate Starr Dec 2018

Why Corporate Attorneys And Other Gatekeepers Should Consider Esg And Sustainability Principles, Beth Haddock, Tucker Pribor, Kate Starr

Fordham Environmental Law Review

No abstract provided.


The Role Of The Chief Executive Officer In Firm Environmental Decisions, Timothy D. Hubbard Dec 2018

The Role Of The Chief Executive Officer In Firm Environmental Decisions, Timothy D. Hubbard

Fordham Environmental Law Review

No abstract provided.


A Gap In Causation? Punishing Polluters For Contributing To Climate Change & Increasing Violent Crime, Nicolette Pellegrino Dec 2018

A Gap In Causation? Punishing Polluters For Contributing To Climate Change & Increasing Violent Crime, Nicolette Pellegrino

Pace Environmental Law Review

Climate change will lead to an increase in violent crime. More rapes and violent felonies occur during the warm summer months than in cooler temperatures. As climate change progresses, there will be longer summers, higher temperatures, and thus, more violent crime. This Note examines whether American sanctions of environmental crimes that contribute to climate change should become more stringent given what we now know about the violent consequences of climate change. Part II of this Note describes the history and scientific evidence which proves that rising temperatures increase the rate of violent crimes. Part III reviews current regulations that deal ...


The Carbon Tax Vacuum And The Debate About Climate Change Impacts: Emission Taxation Of Commodity Crop Production In Food System Regulation, Gabriela Steier Dec 2018

The Carbon Tax Vacuum And The Debate About Climate Change Impacts: Emission Taxation Of Commodity Crop Production In Food System Regulation, Gabriela Steier

Pace Environmental Law Review

The scientific consensus on climate change is far ahead of U.S. policy on point. In fact, the U.S. has a legal vacuum of carbon taxation while climate change continues to impact the codependence of agriculture and the environment. As this Article shows, carbon taxes follow the polluter-pays model, levying taxes on the highest greenhouse gas (“GHG”) emissions—and contributions to climate change. But this is not only unsustainable; it would also undermine agricultural production and, thus, food security. This Article describes how the law can regulate climate change contributions and promote adaptation and mitigation supported through carbon taxes ...


Accurate Economics To Protect Endangered Species And Their Critical Habitats, Jacob P. Byl Dec 2018

Accurate Economics To Protect Endangered Species And Their Critical Habitats, Jacob P. Byl

Pace Environmental Law Review

Federal agencies currently use a methodology that finds negligible benefits of protecting critical habitat for endangered species, despite the prime real estate that is often involved. The Endangered Species Act already calls for economic analysis, but agencies currently treat it as a meaningless hoop to jump through. Agencies justify this hollow exercise by pointing to the difficulty in quantifying the increment of added protection that comes with critical habitat designation. However, the increment of added protection for critical habitat can be measured using methods already employed by agencies in other environmental analyses. Although the central benefits of critical habitat are ...


President Trump’S Unilateral Attempt To Cease All Implementation Of The Paris Agreement And To Withdraw From It: Constitutional?, Phillip M. Kannan Dec 2018

President Trump’S Unilateral Attempt To Cease All Implementation Of The Paris Agreement And To Withdraw From It: Constitutional?, Phillip M. Kannan

Pace Environmental Law Review

In his announcement, President Trump stated that he would comply with the withdrawal provision in the Paris Agreement. This Essay argues that, while compliance with that process may satisfy the treaty obligation, it probably does not conform to U.S. constitutional standards, and therefore, would not be binding on the United States. The argument demonstrating the failure of the President to satisfy constitutional standards proceeds as follows. Part I develops the context in which the Paris Agreement arose. Part II briefly summarizes the Paris Agreement. In Part III, I argue that President Trump’s attempt to cease implementation of the ...


Planning For Excellence: Insights From An International Review Of Regulators’ Strategic Plans, Adam M. Finkel, Daniel E. Walters, Angus Corbett Dec 2018

Planning For Excellence: Insights From An International Review Of Regulators’ Strategic Plans, Adam M. Finkel, Daniel E. Walters, Angus Corbett

Pace Environmental Law Review

What constitutes regulatory excellence? Answering this question is an indispensable first step for any public regulatory agency that is measuring, striving towards, and, ultimately, achieving excellence. One useful way to answer this question would be to draw on the broader literature on regulatory design, enforcement, and management. But, perhaps a more authentic way would be to look at how regulators themselves define excellence. However, we actually know remarkably little about how the regulatory officials who are immersed in the task of regulation conceive of their own success.

In this Article, we investigate regulators’ definitions of regulatory excellence by drawing on ...


Bringing The European Eel Back From The Brink: The Need For A New Agreement Under The Convention On Migratory Species, Chris Wold Dec 2018

Bringing The European Eel Back From The Brink: The Need For A New Agreement Under The Convention On Migratory Species, Chris Wold

Pace Environmental Law Review

The European eel is considered “Critically Endangered.” Its population has been declining due to overutilization, barriers to migration such as dams, pollution, and climate change. The international community has responded by including the European eel in Appendix II of the Convention on International Trade in Endangered Species (“CITES”) to regulate international trade and Appendix II of the Convention on Migratory Species (“CMS”) to help improve the species conservation status. The EU has taken regional action to prohibit imports into and exports from EU Member States, although intra-EU trade is permissible. Despite these actions, the eel’s conservation status might not ...


Ten Years Of Economic Analyses For The European Marine Strategy Framework Directive: Overview Of Experiences And Lessons Learned, Rob Van Der Veeren, Ann Kathrin Buchs, Günter Hörmandinger, Soile Oinonen, Conceição Santos, Max Vretborn Dec 2018

Ten Years Of Economic Analyses For The European Marine Strategy Framework Directive: Overview Of Experiences And Lessons Learned, Rob Van Der Veeren, Ann Kathrin Buchs, Günter Hörmandinger, Soile Oinonen, Conceição Santos, Max Vretborn

Journal of Ocean and Coastal Economics

The European Marine Strategy Framework Directive, which came into force in 2008, requires from Member States inter alia to perform various (types of) economic analyses. In order to help Member States to implement this directive, the European working group on Economic and Social Analysis was initiated in 2009. This working group has developed various guidance documents which have been very useful in helping each other to understand the Directive and its requirements, to develop one language, to understand the pros and cons of various approaches, and to share experiences. However, up until now, outside of this working group this information ...


Mining For Answers: The Supreme Court Of California Addresses The State's Ability To Exercise Its Police Powers On Federal Land In People V. Rinehart, Rohan Mohanty Dec 2018

Mining For Answers: The Supreme Court Of California Addresses The State's Ability To Exercise Its Police Powers On Federal Land In People V. Rinehart, Rohan Mohanty

Villanova Environmental Law Journal

No abstract provided.


The Native Species Protection Act: A Deceptively-Named Measure To Destroy The Endangered Species Act, Daniel Fors Dec 2018

The Native Species Protection Act: A Deceptively-Named Measure To Destroy The Endangered Species Act, Daniel Fors

Villanova Environmental Law Journal

No abstract provided.


New Jersey's Legal Duty To Manage Its Coastline In Preparation For The Wrath Of Climate Change, Sarah Weiss Rozalis Dec 2018

New Jersey's Legal Duty To Manage Its Coastline In Preparation For The Wrath Of Climate Change, Sarah Weiss Rozalis

Villanova Environmental Law Journal

No abstract provided.


Trust The Process? The Supreme Court Of Pennsylvania's Broad Interpretation Of The Environmental Rights Amendment Sent Shockwaves Through The Commonwealth In Pennsylvania Environmental Defense Foundation V. Commonwealth, Rebecca A. Cabrera Dec 2018

Trust The Process? The Supreme Court Of Pennsylvania's Broad Interpretation Of The Environmental Rights Amendment Sent Shockwaves Through The Commonwealth In Pennsylvania Environmental Defense Foundation V. Commonwealth, Rebecca A. Cabrera

Villanova Environmental Law Journal

No abstract provided.


Standing Up For A Cleaner Town: How The Ehb's Broad Definition Of Standing In Friends Of Lackawanna V. Department Of Environmental Protection Expands Citizens' Appellate Rights, Zoey H. Lee Dec 2018

Standing Up For A Cleaner Town: How The Ehb's Broad Definition Of Standing In Friends Of Lackawanna V. Department Of Environmental Protection Expands Citizens' Appellate Rights, Zoey H. Lee

Villanova Environmental Law Journal

No abstract provided.


Alaska Oil & Gas Association V. Pritzker: The Court Foresees A Warm Future And Upholds Bearded Seals' Esa Listing, Shawna Riley Dec 2018

Alaska Oil & Gas Association V. Pritzker: The Court Foresees A Warm Future And Upholds Bearded Seals' Esa Listing, Shawna Riley

Villanova Environmental Law Journal

No abstract provided.