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Full-Text Articles in Environmental Law

Tpp And Environmental Regulation, Errol Meidinger Aug 2019

Tpp And Environmental Regulation, Errol Meidinger

Contributions to Books

Published as Chapter 8 in Megaregulation Contested: Global Economic Ordering After TPP, Benedict Kingsbury, David M. Malone, Paul Mertenskötter, Richard B. Stewart, Thomas Streinz & Atsushi Sunami, eds.

This article examines the environment-related provisions of the Trans-Pacific Partnership Agreement (TPP) to assess how and how much they contribute to a larger megaregulatory program for the Asia-Pacific region. The TPP calls for ‘high levels’ of environmental protection and effective enforcement; incorporates duties from several multilateral environmental agreements; adds new provisions addressing several important environmental problems; mandates administrative best practices; promotes corporate social responsibility and the use of voluntary certification systems; and …


Climate Change Innovation, Products And Services Under The Gatt/Wto System, Padideh Ala'i, David Gantz Jan 2018

Climate Change Innovation, Products And Services Under The Gatt/Wto System, Padideh Ala'i, David Gantz

Contributions to Books

This is Chapter 14 of the book entitled "Research Handbook on Intellectual Property and Climate Change", edited by Joshua D. Sarnoff and published in Spring 2016 by EE Elgar. The co-authors are Professors of Law specializing in International Trade Law.

The chapter aims to identify some of the major sources of tension between climate change-related measures proposed or implemented on the national level and the trading rules as they have been applied by the WTO dispute settlement bodies over the past nearly 20 years. The chapter first describes three categories of national approaches to climate change, and highlights the potential …


Environmental Principles In U.S. And Canadian Law, Errol E. Meidinger, Daniel Spitzer, Charles Malcomb Jan 2018

Environmental Principles In U.S. And Canadian Law, Errol E. Meidinger, Daniel Spitzer, Charles Malcomb

Contributions to Books

Published as Chapter 29 in Principles of Environmental Law, Ludwig Krämer & Emanuela Orlando, eds.


The Use Of Property Law Tools For Soil Protection, Jessica Owley Jan 2018

The Use Of Property Law Tools For Soil Protection, Jessica Owley

Contributions to Books

Published in International Yearbook of Soil Law and Policy 2017, Harald Ginzky, Elizabeth Dooley, Irene L. Heuser, Emmanuel Kasimbazi, Till Markus & Tianbao Qin, eds.

Open Access This book is licensed under the terms of the Creative Commons Attribution 4.0 International License, which permits use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

The images or other third party material in this book are included in the book’s Creative …


Gene Drives, Nature, Governance: An Ethnographic Perspective, Irus Braverman Jul 2017

Gene Drives, Nature, Governance: An Ethnographic Perspective, Irus Braverman

Contributions to Books

Published as chapter 3 in Gene Editing, Law, and the Environment, Irus Braverman, ed.

Synthetic gene drives raise ethical, ecological, and legal questions that are sometimes difficult to grasp. What is clear, however, is that the power to directly alter not just a singular form of life but the genetics of entire populations and species are currently both under-regulated and under-theorized. In place of state regulations, what seems to be emerging is a form of self-regulation by the gene drive scientists themselves. My chapter draws on in-depth interviews with several prominent gene drive scientists to explore their approach toward nature, …


Intellectual Property And Related Rights In Climate Data, Michael W. Carroll Jan 2016

Intellectual Property And Related Rights In Climate Data, Michael W. Carroll

Contributions to Books

This chapter focuses on the ways in which intellectual property law can act as a barrier to data sharing. Intellectual property laws supply exclusive rights that can enable a researcher, employer or funder to ‘own’ data; they can then bring legal claims against persons who access or reuse data without permission. Some of these rights attach automatically to data, data sets, or databases, and thus must be managed properly to enable robust data sharing in climate science. Other rights are created by contract, and the policies around such privately created rights must be understood and analyzed. This chapter briefly describes …


Is The Puerto Rican Parrot Worth Saving? The Biopolitics Of Endangerment And Grievability, Irus Braverman Apr 2015

Is The Puerto Rican Parrot Worth Saving? The Biopolitics Of Endangerment And Grievability, Irus Braverman

Contributions to Books

Published as Chapter 5 in Economies of Death: Economic Logics of Killable Life and Grievable Death, Patricia J. Lopez & Kathryn A. Gillespie, eds.

“Is the Puerto Rican Worth Saving? The Biopolitics of Endangerment and Grievability” describes how threatened species lists elevate listed nonhuman species from the realm of biological life into that of a political life that is both worth saving and worth grieving. The chapter provides a novel perspective on the biopolitics of lists that highlights both their affirmative properties and their acute relevance for understanding the governance of entire nonhuman species.


En-Listing Life: Red Is The Color Of Threatened Species Lists, Irus Braverman Jan 2015

En-Listing Life: Red Is The Color Of Threatened Species Lists, Irus Braverman

Contributions to Books

Published as Chapter 11 in Critical Animal Geographies: Politics, Intersections and Heirarchies in a Multispecies World, Kathryn Gillespie & Rosemary-Claire Collard, eds.

The idea that every species should be assessed, ranked, and listed according to its projected risk of extinction is now a commonly accepted practice in conservation. Threatened species lists rank species in a linear progression from the least to the most endangered. This chapter explores the biopolitical nature of such lists. It shows how listing threatened species becomes a way to affirm — and justify — that life which is more and most important to save. The chapter …


Natural Resources Law: Private Rights And The Public Interest, Eric Freyfogle, Michael Blumm, Blake Hudson Jan 2015

Natural Resources Law: Private Rights And The Public Interest, Eric Freyfogle, Michael Blumm, Blake Hudson

Contributions to Books

This casebook offers a view of natural resources law rich in history, yet exposing students to the complexities of practicing natural resources law in the 21st century. Given that the focus of most Natural Resources Law casebooks is public lands and public law (often at the federal level), this casebook is unique in its primary focus on natural resource conflicts on private lands and its significant focus on private law (though public law is also a focus). While we include chapters on federal public lands and areas of federal primacy like wetlands regulation and endangered species protection, our focus is …


The Public Trust Doctrine In Environmental And Natural Resources Law, Second Edition, Mary C. Wood, Michael Blumm Jan 2015

The Public Trust Doctrine In Environmental And Natural Resources Law, Second Edition, Mary C. Wood, Michael Blumm

Contributions to Books

The public trust doctrine (PTD) is an ancient property law doctrine which first surfaced in Roman law in the Justinian Code, was revived in medieval England largely through the efforts of Sir Mathew Hale, and became entrenched in American law in the nineteenth century through the process of statehood. In the twentieth century, the doctrine became a favorite of the law professoriate and the environmental community for its potential to recognize public rights in private property. Thus, the doctrine both promotes public access to trust resources and justifies public regulation of them. It also equips the public with the right …


Property Constructs And Nature's Challenge To Perpetuity, Jessica Owley Jul 2014

Property Constructs And Nature's Challenge To Perpetuity, Jessica Owley

Contributions to Books

Published as Chapter 4 in Environmental Law and Contrasting Ideas of Nature: a Constructivist Approach, Keith H. Hirokawa, ed.


Order And Disorder In The Urban Forest: A Foucauldian-Latourian Perspective, Irus Braverman Jul 2014

Order And Disorder In The Urban Forest: A Foucauldian-Latourian Perspective, Irus Braverman

Contributions to Books

Published as Chapter 9 in Urban Forests, Trees, and Greenspace: A Political Ecology Perspective, L. Anders Sandberg, Adrina Bardekjian & Sadia Butt, eds.

We pass by street trees everyday. Their existence as well as their particular location in the city seems obvious, innocuous, natural. But, as is the case with most taken-for-granted "things" (Brown, 2011), some excavation is bound to reveal a more complicated and even ideological story. This study focuses on such a story: the story of the clandestine governance of nature and of humans by way of nature - all through the construction and regulation of city street …


Environment, Energy, And Resources Law, Amanda Leiter Jan 2014

Environment, Energy, And Resources Law, Amanda Leiter

Contributions to Books

This chapter from The Year in Review, published by the ABA Section on Environment, Energy and Resources, covers developments during 2013 in the areas of standing, Commerce Clause, political question doctrine, preemption, takings, due process, First Amendment, Tenth Amendment, and state constitutional law.


Untitled Chapter, William Snape Jan 2013

Untitled Chapter, William Snape

Contributions to Books

No abstract provided.


Tribes As Conservation Easement Holders: Is A Partial Property Interest Better Than None?, Jessica Owley Apr 2012

Tribes As Conservation Easement Holders: Is A Partial Property Interest Better Than None?, Jessica Owley

Contributions to Books

Published as Chapter 8 in Tribes, Land, and the Environment, Sarah Krakoff & Ezra Rosser.


Beyond Westphalia: Competitive Legalization In Emerging Transnational Regulatory Systems, Errol E. Meidinger Jan 2007

Beyond Westphalia: Competitive Legalization In Emerging Transnational Regulatory Systems, Errol E. Meidinger

Contributions to Books

Published as Chapter 7 in Law and Legalization in Transnational Relations, Christian Brütsch & Dirk Lehmkuhl, eds.

This paper analyzes several emerging transnational regulatory systems that engage, but are not centered on state legal systems. Driven primarily by civil society organizations, the new regulatory systems use conventional technical standard setting and certification techniques to establish market-leveraged, social and environmental regulatory programs. These programs resemble state regulatory programs in many important respects, and are increasingly legalized. Individual sectors generally have multiple regulatory programs that compete with, but also mimic and reinforce each other. While forestry is the most developed example, similar …


The Fundamentals Of Forest Certification, Errol E. Meidinger, Christopher Elliott, Gerhard Oesten Jan 2003

The Fundamentals Of Forest Certification, Errol E. Meidinger, Christopher Elliott, Gerhard Oesten

Contributions to Books

Published in Social and Political Dimensions of Forest Certification, Errol Meidinger, Christopher Elliott & Gerhard Oesten, eds.


Forest Certification As Environmental Law Making By Global Civil Society, Errol E. Meidinger Jan 2003

Forest Certification As Environmental Law Making By Global Civil Society, Errol E. Meidinger

Contributions to Books

Published in Social and Political Dimensions of Forest Certification, Errol Meidinger, Christopher Elliott & Gerhard Oesten, eds.


Forest Certification As A Global Civil Society Regulatory Institution, Errol E. Meidinger Jan 2003

Forest Certification As A Global Civil Society Regulatory Institution, Errol E. Meidinger

Contributions to Books

Published in Social and Political Dimensions of Forest Certification, Errol Meidinger, Christopher Elliott & Gerhard Oesten, eds.


Forging New Solutions Out Of Conflicting Values And Tenuous Institutions, Errol E. Meidinger Jan 1988

Forging New Solutions Out Of Conflicting Values And Tenuous Institutions, Errol E. Meidinger

Contributions to Books

Published in Environmental Dispute Resolution in the Great Lakes Region: A Critical Appraisal, Lynne S. Bankert & R. Warren Flint, eds.