Environmental Law Commons^™

Book Review Of Toxic Debts And The Superfund Dilemma, Ronald H. Rosenberg

Ronald H. Rosenberg

No abstract provided.

Reflections On The Jeffersonian Ideal Of An Agrarian Democracy And The Emergence Of An Agricultural And Environmental Ethic In The 1990 Farm Bill, Linda A. Malone

Linda A. Malone

No abstract provided.

Green Helmets: A Conceptual Framework For Security Council Authority In Environmental Emergencies, Linda A. Malone

Linda A. Malone

No abstract provided.

Discussion In The Security Council On Environmental Intervention In The Ukraine, Linda A. Malone

Linda A. Malone

No abstract provided.

Book Review Of Eco-Pragmatism: Making Sensible Environmental Decisions In An Uncertain World, Lynda L. Butler

Lynda L. Butler

No abstract provided.

Planetizen Blog Posts- First Half Of 2019, Michael Lewyn

Michael E Lewyn

Trading Sustainably: Critical Considerations For Local Groundwater Markets Under The Sustainable Groundwater Management Act, Nell Green Nylen, Michael Kiparsky, Kelly Archer, Kurt Schneir, Holly Doremus

Nell Green Nylen

The Sustainable Groundwater Management Act (SGMA), passed in 2014, is changing the way California manages its groundwater resources. SGMA calls for the creation of local Groundwater Sustainability Agencies (GSAs) and tasks them with developing and implementing Groundwater Sustainability Plans (GSPs) to achieve sustainable groundwater management. SGMA offers GSAs a broad palette of tools to choose from and significant flexibility to tailor their management activities to local conditions and needs. Because it allows GSAs to assign groundwater extraction allocations to pumpers and to authorize transfers of these allocations under certain circumstances, SGMA potentially opens the door for the development of local …

Trading Sustainably: Critical Considerations For Local Groundwater Markets Under The Sustainable Groundwater Management Act, Nell Green Nylen, Michael Kiparsky, Kelly Archer, Kurt Schneir, Holly Doremus

Holly Doremus

The Sustainable Groundwater Management Act (SGMA), passed in 2014, is changing the way California manages its groundwater resources. SGMA calls for the creation of local Groundwater Sustainability Agencies (GSAs) and tasks them with developing and implementing Groundwater Sustainability Plans (GSPs) to achieve sustainable groundwater management. SGMA offers GSAs a broad palette of tools to choose from and significant flexibility to tailor their management activities to local conditions and needs. Because it allows GSAs to assign groundwater extraction allocations to pumpers and to authorize transfers of these allocations under certain circumstances, SGMA potentially opens the door for the development of local …

Water, Growth And The Endangered Species Act, Holly Doremus

Holly Doremus

24 pages.

Water, Growth And The Endangered Species Act, Holly Doremus

Holly Doremus

24 pages.

Water, Growth And The Endangered Species Act, Holly Doremus

Holly Doremus

24 pages.

Incumbent Landscapes, Disruptive Uses: Perspectives On Marijuana-Related Land Use Control, Donald J. Kochan

Donald J. Kochan

Rating The Cities: Constructing A City Resilience Index For Assessing The Effect Of State And Local Laws On Long-Term Recovery From Crisis And Disaster, John Travis Marshall

John Travis Marshall

Superstorm Sandy, the 2008 Iowa floods, and Hurricanes Katrina and Rita all supply recent reminders that U.S. cities can no longer adopt an ad hoc approach to threats presented by climate change and natural hazards. The stories detailing long-term recovery from these disasters underscore that federal, state, and local governments are struggling to appreciate the legal tools and institutions necessary to implement the large-scale infrastructure, housing, and community development programs that climate change and more frequent natural disasters demand. This Article calls for development of a tool allowing succinct evaluation of the range of community capacities that will figure critically …

Deadly Waiting Game: An Environmental Justice Framework For Examining Natural And Man-Made Disasters Beyond Hurricane Katrina [Abstract], Robert D. Bullard

Robert D Bullard

Presenter: Robert D. Bullard, Ph.D., Professor of Sociology, Clark Atlanta University 1 page.

Day 1: Wednesday, 17 August 2005: Biodiversity And Critical Habitat, Charles Bedford, Federico Cheever, Tim Sullivan

Tim Sullivan

6 pages (includes color illustration). Contains references.

Global Trade Impacts: Addressing The Health, Social And Environmental Consequences Of Moving International Freight Through Our Communities, Martha Matsuoka, Andrea Hricko, Robert Gottlieb, Juan Delara

Martha Matsuoka

As ports and goods movement activity expands throughout the United States, a major challenge is how to make the adverse impacts of freight transportation a more central part of economic development, policy and planning discussions and transportation decision making. In 2009, faculty and staff from the Urban & Environmental Policy Institute of Occidental College and from the environmental health sciences and regional equity programs of the University of Southern California (USC) began a study of this evolving global trade and freight transportation system, focusing on areas in the United States where the system is expanding and where community, labor and …

Market Failures And Protecting The Environment, Chad J. Mcguire

Chad J McGuire

Rising Sea Levels Challenge Flood Insurance Management, Chad J. Mcguire

Chad J McGuire

Economics-Based Environmentalism In The Fourth Generation Of Environmental Law, Donald J. Kochan

Donald J. Kochan

Environmental protection and economic concerns are not mutually exclusive. This article explores some of the issues of economic analysis that might arise as we approach the fourth generation of environmental law. It explains ways that economic analysis can be employed to generate the best environmental rules, including measures under what this article terms as "economics-based environmentalism." Economics-based environmentalism contends that the advantages of using economic principles within a “polycentric toolbox” of environmental law come from the benefits available in private ordering, markets, property rights, liability regimes and incentives structures that will better protect the environment than alternatives like state-based interventionist, …

A Framework For Understanding Property Regulation And Land Use Control From A Dynamic Perspective, Donald J. Kochan

Donald J. Kochan

The Effectiveness Of The Endangered Species Act: A Quantitative Analysis, Martin F.J. Taylor, Kieran F. Suckling, Jeffrey J. Rachlinski

Jeffrey J. Rachlinski

Population trends for 1095 species listed as threatened and endangered under the Endangered Species Act were correlated with the length of time the species were listed and the presence or absence of critical habitat and recovery plans. Species with critical habitat for two or more years were more than twice as likely to have an improving population trend in the late 1990s, and less than half as likely to be declining in the early 1990s, as species without. Species with dedicated recovery plans for two or more years were significantly more likely to be improving and less likely to be …

A Critical Examination Of The Climate Engineering Moral Hazard And Risk Compensation Concern, Jesse Reynolds

Jesse Reynolds

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. …

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 …

Energy And Environment Policy Case For A Global Project, Thomas A. Faunce

Thomas A Faunce

A policy case is made for a global project on artificial photosynthesis including its scientific justification, potential governance structure and funding mechanisms.

Regulatory Takings Claims And Coastal Management Of Sea Level Rise: Remembering Governments Are More Than Regulators, Chad J. Mcguire

Chad J McGuire

Ch 21. 'Future Perspectives On Solar Fuels', Thomas A. Faunce

Thomas A Faunce

This chapter opens by examining whether the research and development of molecular solar fuels will be characterized in future by its promotion of fundamental societal virtues such as equality and environmental sustainability. As a thought experiment, it presents a vision of some important elements of such a future world—one where energy is primarily not only a matter of global artificial photosynthesis (GAP), but of such virtues. Central to the future perspective presented here is nanotechnological construction with enhanced efficiency of each aspect of the natural photosynthetic process into units capable of inexpensive mass production for domestic use. This involves a …

Governing Planetary Nanomedicine: Environmental Sustainability And A Unesco Universal Declaration On The Bioethics And Human Rights Of Natural And Artificial Photosynthesis (Global Solar Fuels And Foods)., Thomas A. Faunce

Thomas A Faunce

Environmental and public health-focused sciences are increasingly characterised as constituting an emerging discipline—planetary medicine. From a governance perspective, the ethical components of that discipline may usefully be viewed as bestowing upon our ailing natural environment the symbolic moral status of a patient. Such components emphasise, for example, the origins and content of professional and social virtues and related ethical principles needed to promote global governance systems and policies that reduce ecological stresses and pathologies derived from human overpopulation, selfishness and greed— such as pollution, loss of biodiversity, deforestation and greenhouse gas emissions, as well as provide necessary energy, water and …

A Bad Trip For Health-Related Human Rights: Implications Of Momcilovic V The Queen (2011) 85 Aljr 957, Tim Vines, Thomas A. Faunce

Thomas A Faunce

Momcilovic v The Queen (2011) 85 ALJR 957 [PDF] ; [2011] HCA 34 arose from a prosecution for drug trafficking brought under the Drugs, Poisons and Controlled Substances Act 1981 (Vic) . The Australian High Court held that the Charter of Human Rights and Responsibilities Act 2006 (Vic) (the Charter) validly conferred a power on the Victorian Supreme Court and Court of Appeal to interpret legislation in a manner consistent with a defined list of human rights. By a slim majority it also held that the Charter validly created a judicial power to "declare" a law inconsistent with one or …

Challenges To Australia’S National Health Policy From Trade And Investment Agreements, Thomas A. Faunce

Thomas A Faunce

Recent federal trade policy commitments concerning the Trans-Pacific Partnership Agreement (TPPA) negotiations (against changes to the Pharmaceutical Benefits Scheme (PBS) and against inclusion of an investor state provision) could protect Australia’s tobacco control legislation and Australia's sovereign capacity to regulate public health and environmental policy