Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Natural Resources Law (40)
- International Law (35)
- Water Law (31)
- Land Use Law (24)
- Administrative Law (21)
-
- Energy and Utilities Law (21)
- Law and Society (18)
- Oil, Gas, and Mineral Law (16)
- Property Law and Real Estate (15)
- Social and Behavioral Sciences (15)
- Agriculture Law (13)
- Public Law and Legal Theory (12)
- Public Affairs, Public Policy and Public Administration (11)
- Constitutional Law (10)
- Law and Economics (10)
- State and Local Government Law (10)
- Comparative and Foreign Law (9)
- Environmental Policy (9)
- Human Rights Law (9)
- Legislation (9)
- Law of the Sea (8)
- International Trade Law (7)
- Animal Law (6)
- Jurisprudence (6)
- Law and Politics (6)
- Physical Sciences and Mathematics (6)
- Environmental Sciences (5)
- European Law (5)
- Institution
- Keyword
-
- Environmental Law (91)
- Environmental law (34)
- Natural Resources Law (21)
- Climate change (19)
- Water Law (19)
-
- International Law (14)
- Land Use Planning (13)
- Administrative Law (11)
- Environmental justice (10)
- Energy and Utilities Law (9)
- Oil, Gas, and Mineral Law (9)
- Public Law and Legal Theory (9)
- Agriculture Law (8)
- Climate Change (7)
- Human Rights (7)
- International Trade (7)
- Land use (7)
- Law and Society (7)
- Law of the Sea (7)
- Pesticides (7)
- Regulation (7)
- Sustainability (7)
- Sustainable development (7)
- Constitutional law (6)
- Human rights (6)
- Property-Personal and Real (6)
- Agriculture (5)
- Biofuels (5)
- Endangered Species Act (5)
- Environmental Justice (5)
- Publication
-
- Gabriel Eckstein (12)
- John C. Dernbach (9)
- Mary Jane Angelo (8)
- Naomi Roht-Arriaza (8)
- David A. Wirth (7)
-
- Carmen G. Gonzalez (6)
- Andrew P. Morriss (5)
- Thomas T Ankersen (5)
- Alyson Flournoy (4)
- Dayna N. Scott (4)
- Donald J. Kochan (4)
- Gina Warren (4)
- Matthew Rimmer (4)
- Chad J McGuire (3)
- Daniel A Farber (3)
- Erin Daly (3)
- Michael Blumm (3)
- Sanja Bogojević (3)
- Timothy M. Mulvaney (3)
- Xiao Recio-Blanco (3)
- Zygmunt J.B. Plater (3)
- Erin Ryan (2)
- Evgenia Pavlovskaia (2)
- Gerald Torres (2)
- Greg Warchol (2)
- Holly Doremus (2)
- Jill M. Fraley (2)
- John Copeland Nagle (2)
- Jonathan Wood (2)
- Luis González Vaqué (2)
Articles 1 - 30 of 190
Full-Text Articles in Environmental Law
General Deterrence And Corporate Environmental Behavior, Dorothy Thornton, Neil Gunningham, Robert Kagan
General Deterrence And Corporate Environmental Behavior, Dorothy Thornton, Neil Gunningham, Robert Kagan
Robert Kagan
This research addresses the assumption that“general deterrence” is an important key to enhanced compliance with regulatory laws. Through a survey of 233 firms in several industries in the United States, we sought to answer the following questions: (1) When severe legal penalties are imposed against a violator of environmental laws, do other companies in the same industry actually learn about such“signal cases”? (2) Does knowing about“signal cases” change firms’ compliance-related behavior? It was found that only 42 percent of respondents could identify the“signal case,” but 89 percent could identify some enforcement actions against other firms, and 63 percent of firms …
The Klein Water Treatment Facility: Model For The New Superfund Management Strategy – Or- The Importance Of Being In The Wrong Place At The Right Time???, David Brown
David C. Brown
12 pages.
The Environmental And Social Injustice Of Farmworker Pesticide Exposure, Joan Flocks
The Environmental And Social Injustice Of Farmworker Pesticide Exposure, Joan Flocks
Joan D. Flocks
Farmworkers in the United States are recognized as an environmental justice community. The farmworker population is low-income and primarily Hispanic, and is at a disproportionate risk from exposure to an environmental contaminant pesticides. Farmworkers face distributional, procedural, corrective, and social challenges with this exposure, as is common with other environmental justice communities. Social challenges include socioeconomic and political inequities that are grounded in the historical domination of the agricultural industry over its labor force. The production and use of pesticides is a function of the economic priorities of industry. Employers profit from pesticide use and are able to maximize their …
In Search Of Sustainable Legitimacy: Pollution Targets And Environmental Cadre Evaluation In China, Alex Wang
In Search Of Sustainable Legitimacy: Pollution Targets And Environmental Cadre Evaluation In China, Alex Wang
Alex Wang
No abstract provided.
Riding The Wave: Confronting Jurisdictional And Regulatory Barriers To Ocean Energy Development, Danielle Murray, Christopher Carr, Jennifer Jeffers, Alejandra Núñez-Luna
Riding The Wave: Confronting Jurisdictional And Regulatory Barriers To Ocean Energy Development, Danielle Murray, Christopher Carr, Jennifer Jeffers, Alejandra Núñez-Luna
Jennifer M. Jeffers
This Article provides a brief history of wave energy development, examines the status of hydrokinetic projects undertaken at a state and local level, and navigates the overlapping, and often competing, jurisdictional mandates confronting U.S. project developers. It also explores lessons learned from the European Union’s (EU) recent regulatory experience and provides recommendations for short- and long-term steps forward in the United States. Part II discusses early wave energy projects, research and policy developments, and highlights recent advances in technical testing and economic feasibility of wave energy projects. Part III analyzes the status of hydrokinetic energy development at the state and …
Tierra Y Libertad: The Social Function Doctrine And Land Reform In Latin America, Thomas T. Ankersen, Thomas Ruppert
Tierra Y Libertad: The Social Function Doctrine And Land Reform In Latin America, Thomas T. Ankersen, Thomas Ruppert
Thomas T Ankersen
Latin America has been caught for centuries in a vicious cycle of land consolidation and land reform; the issue perennially resurfaces since concentration of land and associated resources results in conflict.' Latin American nations are among the world's leaders when it comes to the inequality of land distribution. Land reform, or agrarian reform, as it is more commonly referred to in Latin America, is hardly a new phenomenon. As we will show, the need to develop a policy to redress the consolidation of lands by a powerful few and redistribute it in the name of equity and development has its …
Tierra Y Libertad: The Social Function Doctrine And Land Reform In Latin America, Thomas T. Ankersen, Thomas Ruppert
Tierra Y Libertad: The Social Function Doctrine And Land Reform In Latin America, Thomas T. Ankersen, Thomas Ruppert
Thomas T Ankersen
Latin America has been caught for centuries in a vicious cycle of land consolidation and land reform; the issue perennially resurfaces since concentration of land and associated resources results in conflict.' Latin American nations are among the world's leaders when it comes to the inequality of land distribution. Land reform, or agrarian reform, as it is more commonly referred to in Latin America, is hardly a new phenomenon. As we will show, the need to develop a policy to redress the consolidation of lands by a powerful few and redistribute it in the name of equity and development has its …
The Commander In Chief's Authority To Combat Climate Change, Mark P. Nevitt
The Commander In Chief's Authority To Combat Climate Change, Mark P. Nevitt
Mark P Nevitt
Climate change is the world’s greatest environmental threat. And it is increasingly understood as a threat to domestic and international peace and security. In recognition of this threat, the President has taken the initiative to prepare for climate change’s impact – in some cases drawing sharp objections from Congress. While both the President and Congress have certain constitutional authorities to address the national security threat posed by climate change, the precise contours of their overlapping powers are unclear. As Commander in Chief, the President has the constitutional authority to repel sudden attacks and take care that the laws are faithfully …
Gandhi’S Prophecy: Corporate Violence And A Mindful Law For Bhopal, Nehal A. Patel
Gandhi’S Prophecy: Corporate Violence And A Mindful Law For Bhopal, Nehal A. Patel
Nehal A. Patel
AbstractOver thirty years have passed since the Bhopal chemical disaster began,and in that time scholars of corporate social responsibility (CSR) havediscussed and debated several frameworks for improving corporate responseto social and environmental problems. However, CSR discourse rarelydelves into the fundamental architecture of legal thought that oftenbuttresses corporate dominance in the global economy. Moreover, CSRdiscourse does little to challenge the ontological and epistemologicalassumptions that form the foundation for modern economics and the role ofcorporations in the world.I explore methods of transforming CSR by employing the thought ofMohandas Gandhi. I pay particular attention to Gandhi’s critique ofindustrialization and principle of swadeshi (self-sufficiency) …
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
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 …
Drugs On Tap: Managing Pharmaceuticals In Our Nation’S Waters, Gabriel Eckstein
Drugs On Tap: Managing Pharmaceuticals In Our Nation’S Waters, Gabriel Eckstein
Gabriel Eckstein
Pharmaceuticals in the environment and public water supplies are believed to have serious impacts on human and environmental health. Current research suggests that exposure to certain drugs and their residues may result in a variety of adverse human health effects. Other studies more conclusively show that even minute concentrations of pharmaceuticals in the environment can have detrimental effects on aquatic and terrestrial species. Unfortunately, the cost of removing these pernicious substances is out of the financial reach of most municipalities and wastewater and drinking water treatment operators.Despite the concerns, little effort has been made to develop broad management, mitigatory, or …
Deadly Waiting Game: An Environmental Justice Framework For Examining Natural And Man-Made Disasters Beyond Hurricane Katrina [Abstract], Robert D. Bullard
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.
Federal Clean Air Act Preemption Of Public Nuisance Claims: The Case For Supreme Court Resolution, Richard O. Faulk
Federal Clean Air Act Preemption Of Public Nuisance Claims: The Case For Supreme Court Resolution, Richard O. Faulk
Richard Faulk
The current circuit-by-circuit and state-by-state approach to the question of preemption precludes any uniform standards for environmental compliance and enforcement, and also vitiates any reliable basis for capital investment, expanded operations, and workforce stability. Because Congress enacted the CAA to promote those goals—as well as jobs and a healthy economy—delaying review prolongs the uncertainty and intensifies the dilemma facing not only the courts, but also the regulated community.
Earning Deference: Reflections On The Merger Of Environmental And Land-Use Law, Michael Allan Wolf
Earning Deference: Reflections On The Merger Of Environmental And Land-Use Law, Michael Allan Wolf
Michael A Wolf
The bedrock notion that courts should, in the overwhelming majority of cases, defer to lawmakers is currently under attack in the nation's courts, commentary and classrooms. Leading the way are several United States Supreme Court Justices who, in cases involving the Commerce Clause, the Takings Clause and Section Five of the Fourteenth Amendment, are much more willing than their immediate predecessors to second-guess the motives and tactics of elected and appointed officials at all levels of government. Given this new juris-political reality, it is more important than ever that local government officials--who are often (though, certainly, not always justifiably) viewed …
Environmental Law Slogans For The New Millennium, Michael Allan Wolf
Environmental Law Slogans For The New Millennium, Michael Allan Wolf
Michael A Wolf
Contrary to the bleakest predictions offered by environmental fatalists during the latter half of the 1900s, humanity and much of the plant and animal kingdom survived New Year's Eve 1999. Similarly, contrary to the dire warnings of industrial organizations and lobbyists that overburdening environmental regulations would spell the end of profitable, American capitalism, the year 2000 dawned in the United States with the world's most extensive array of anti-pollution and pro-conservation measures regulating the globe's most impressive economic engines. New times demand new paradigms; it is much more than a calendar change that occasions a reconsideration of the status and …
Specific Coverage Issues Implicating Climate Change, David Wirth
Specific Coverage Issues Implicating Climate Change, David Wirth
David A. Wirth
South Africa's Illegal Trade In Flora, Greg Warchol
South Africa's Illegal Trade In Flora, Greg Warchol
Greg Warchol
No abstract provided.
Fishy Business In The Western Cape: The Illegal Trade In Abalone, Greg Warchol
Fishy Business In The Western Cape: The Illegal Trade In Abalone, Greg Warchol
Greg Warchol
No abstract provided.
Enhancing Biodiversity On Working Agricultural Lands Through Environmental Mitigation And Offsets: Opportunities In Australia And The United States, Matthew Roach
Matthew Roach
Australia has extensive experience in managing working agricultural lands to enhance biodiversity. State and Commonwealth agencies are increasingly using environmental offsets as a tool to manage the impacts of development. However, working agricultural lands are generally not considered a source of potential environmental offsets, as agencies prefer that land used for offsets be wholly set aside for environmental management purposes with limited or no agricultural activities. This contrasts with the United States, where efforts are underway to use working agricultural lands for mitigation. This paper proposes that working agricultural lands can be used for environmental offsets under the Environment Protection …
Protecting Vulnerable Environments In International Humanitarian Law, Michaela Halpern
Protecting Vulnerable Environments In International Humanitarian Law, Michaela Halpern
Michaela S. Halpern
Utility Air Regulatory Group V. Environmental Protection Agency: The Apotheosis Of Implicit Bias In The Supreme Court Of The United States Of America Against Environmental Interests And Their Advocates, Jason W. Jutz
Jason W Jutz
No abstract provided.
Law's Slow Violence Workshop, Rob Nixon, Dayna Nadine Scott
Law's Slow Violence Workshop, Rob Nixon, Dayna Nadine Scott
Dayna N. Scott
Osgoode Hall Law School hosts "Law's Slow Violence Workshop" with Rob Nixon, Rachel Carson Professor of English from the University of Wisconsin. With a response from Professor Dayna Scott of Osgoode Hall Law School.
Confronting Chronic Pollution: A Socio-Legal Analysis Of Risk And Precaution, Dayna Nadine Scott
Confronting Chronic Pollution: A Socio-Legal Analysis Of Risk And Precaution, Dayna Nadine Scott
Dayna N. Scott
The central aim of this article is to demonstrate a socio-legal approach to risk and precaution using the example of chronic pollution. Drawing on ongoing empirical work with the Aamjiwnaang First Nation, which is tucked into Sarnia's "Chemical Valley," a secondary aim is to influence and shape how we understand the problem and confront the risks of chronic pollution. This article forwards the argument that the prevailing regulatory approach is incapable of capturing the essence of contemporary pollution harms, because those harms are increasingly linked to continuous, routine, low-dose exposures to contaminants that are within legally sanctioned limits. Community residents …
Fossil Capitalism & The Implications Of The New Pipeline Proposals For Environmental Justice In Canada, Dayna Nadine Scott
Fossil Capitalism & The Implications Of The New Pipeline Proposals For Environmental Justice In Canada, Dayna Nadine Scott
Dayna N. Scott
Osgoode Hall Law School Professor Dayna Scott employs the concept of "networked infrastructures" drawn from the literature in critical geography to reveal the environmental justice implications of the coast-to-coast crude oil network that is currently being contemplated in Canada. Her talk was delivered on January 30, 2013 as part of the Osgoode Faculty Research Seminar Series.
Gender-Benders': Sex And Law In The Constitution Of Polluted Bodies, Dayna Nadine Scott
Gender-Benders': Sex And Law In The Constitution Of Polluted Bodies, Dayna Nadine Scott
Dayna N. Scott
This paper explores how law might conceive of the injury or harm of endocrine disruption as it applies to an aboriginal community experiencing chronic chemical pollution. The effect of the pollution in this case is not only gendered, but gendering: it seems to be causing the ‘production’ of two girl babies for every boy born on the reserve. This presents an opening to interrogate how law is implicated in the constitution of not just gender but sex. The analysis takes an embodied turn, attempting to validate the real and material consequences of synthetic chemicals acting on bodies — but uncovers …
(Under)Mining The Seabed? Between The International Seabed Authority Mining Code And Sustainable Bioprospecting Of Hydrothermal Vent Ecosystems In The Seabed Area: Taking Precaution Seriously, Ikechi Mgbeoji
Ikechi Mgbeoji
Rapid developments in marine biotechnology and the prospect of sea-bed mining have exposed the inadequacy of legal frameworks to regulation the exploration exploitation, and sharing of the benefits that arise from such marine endeavors. The fact of the matter is that despite the giant strides made in and the huge financial stakes involved in bioprospecting of hydro-thermal vent ecosystems, legal issues raised by profitable biotechnology development through marine scientific research (MSR) are still at an infant and underdeveloped stage. This article evaluates the extent to which the present legal order for the mining of seabed polymetallic nodules with its tangential …
Sustainable Development And Its Discontents, John C. Dernbach, Federico Cheever
Sustainable Development And Its Discontents, John C. Dernbach, Federico Cheever
John C. Dernbach
Vw And Gm Scandals Show Why Regulation Matters, Robert R.M. Verchick, Rena Steinzor
Vw And Gm Scandals Show Why Regulation Matters, Robert R.M. Verchick, Rena Steinzor
Robert R.M. Verchick
Conservatives love to belittle federal regulations — especially the ones designed to keep our air clean, our water drinkable, our workplaces safe, and our financial markets stable. Conservatives, of course, don’t oppose any of those things. They just think unregulated markets, left on their own, will keep bad things from happening. Customers will see when a dishonest company is putting Americans at risk; and when they do, they will unleash their fury and incinerate it. Unbridled capitalism is the world’s largest self-cleaning oven. Last week’s news from the automotive industry should lay that argument to rest.
Introduction To Property, History & Climate Change In The Former Colonies Symposium Special Issue, Jill M. Fraley
Introduction To Property, History & Climate Change In The Former Colonies Symposium Special Issue, Jill M. Fraley
Jill M. Fraley
None available.
Colonial Property, Private Dams, And Climate Change In Virginia, Jill M. Fraley
Colonial Property, Private Dams, And Climate Change In Virginia, Jill M. Fraley
Jill M. Fraley
Dams have been a significant part of flood prevention and management systems in the United States, dating back to the systematic efforts of the Tennessee Valley Authority and, less systemically, long before that. Dealing with flood management in Virginia presents unique challenges because of a colonial legacy that allows most dams in Virginia to be privately owned. Through a mechanism called King’s Grants, some Virginia landowners hold title not simply to property surrounding a navigable waterway, but also to the soil beneath the river and to dams crossing the river. Such ownership of the soil of large, navigable waterways is …