Environmental Law Commons^™

Plans Are Not Enough, Michael Lewyn

Michael E Lewyn

Some commentators see comprehensive municipal plans as a remedy for suburban sprawl. But in fact, a plan can be used to promote sprawl as well as to prevent sprawl.

Stasis And Change In Environmental Law, Gerald S. Dickinson

Gerald S. Dickinson

The past twenty years of environmental law are marked as much by legislative stasis as by profound change in the way that lawyers, policymakers, and scholars interact with the field. Although no new federal legislation was passed over the past two decades, much has changed about the field of environmental law. This change is the result of a set of conceptual and legal challenges to the field posed by intellectual and policy movements that took root in the early 1990s. The intellectual and policy movements that have most profoundly shaped the field of environmental law in the past twenty years …

Seqra And Infill, Michael Lewyn

Michael E Lewyn

New York's State Environmental Quality Review Act (SEQRA) is designed to protect the environment by requiring government to consider the harmful environmental impacts of its actions. However, SEQRA itself may create environmental harm by discouraging infill development.

Transcript Of The Federalist Society’S 2012 National Lawyers Convention: Environmental Law, Federalism, And The Energy Revolution: Can State And Federal Regulators Adapt To Innovations?, Jason B. Hutt, James R. May, Craig Segall, Joel R. Burcat, Timothy M. Tymkovich

James R. May

No abstract provided.

Sustainability Of Transport Biofuels From A Legal Perspective, Evgenia Pavlovskaia

Evgenia Pavlovskaia

The article investigates the notion of transport biofuels, their possible advantages and disadvantages in comparison to traditional fossil fuels, and sustainability requirements that need be stated to their quality and production methods from a legal perspective. The research results indicate that the understanding of what makes the quality and production of transport biofuels sustainable is still unclear. Sustainability parameters for biofuels will differ depending on the types and purposes of biofuel production. There is no clearly agreed definition on what biofuels, and particularly sustainable biofuels are. The task of law in this situation can be to contribute to the sustainable …

Why (And How) Conservatives Should Support Smart Growth, Michael Lewyn

Michael E Lewyn

Conservatives have generally been critical of the smart growth movement, because they often fear that smart growth is synonymous with overregulation of land use. This article explains why sprawl threatens conservative values, and suggests conservative-friendly smart growth policies that can both make government less intrusive and make America more walkable.

The Green Job Engine In Portugal, Kyle Herman

Dr. Kyle S. Herman

Renewable energy technology has come under fierce criticism around the world through the duration of the Global Financial Crisis. Opponents of a state-oriented renewable energy policy infer that the high cost of such technology has negative macroeconomic effects on the economy. This paper investigates the broader economic effects of renewable energy policy in Portugal. Research indicates the government has built cohesive renewable energy policy to foster a strong network of jobs and technologies in the industry. The Wind Energy Industrial Cluster, an innovation centre to drive wind energy technology, is an example of government policy which has fostered strong industrial …

The Architecture Of Ignorance, Gregg Macey

Gregg P. Macey

This Article develops an approach to environmental law that I refer to as “data-intensive regulation.” The origins of data-intensive regulation lie in the public’s ability to gather, for the first time, data at spatial and temporal scales of its choosing. This capability, and the knowledge-building efforts it supports, will eclipse the theoretical and computational procedures that guided environmental law’s enactment. As environmental law evolves from a data-starved to data-rich enterprise, pollution control and ecosystem management will need to respond in two ways, focusing less on data supply and more on the demands of data users and the data’s underlying architecture. …

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.

Environmental Justice And International Environmental Law, Carmen G. Gonzalez

Carmen G. Gonzalez

Environmental justice lies at the heart of many environmental disputes between the global North and the global South as well as grassroots environmental struggles within nations. However, the discourse of international environmental law is often ahistorical and technocratic. It neither educates the North about its inordinate contribution to global environmental problems nor provides an adequate response to the concerns of nations and communities disproportionately burdened by poverty and environmental degradation. This article examines some of the root causes of environmental injustice among and within nations from the colonial period to the present, and discusses several strategies that can be used …

The Interest Convergence Of Education Reform And Economic Development: A Response To "The State Of Our Unions", Jonathan C. Augustine

Jonathan C. Augustine

No abstract provided.

Environmental Justice In The Deep South: A Golden Anniversary Reflection On Stimulus And Change, Jonathan C. Augustine

Jonathan C. Augustine

Climate Engineering Research: A Precautionary Response To Climate Change?, Jesse Reynolds, Floor Fleurke

Jesse Reynolds

Standard Of Review Of Health And Environmental Regulations By Wto Panels, Lukasz A. Gruszczynski

Lukasz A Gruszczynski