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Environmental Law Commons™

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Selected Works

2017

Environmental law

Articles 1 - 14 of 14

Full-Text Articles in Environmental Law

Structuring A Market-Oriented Federal Eco-Information Policy, Peter S. Menell Dec 2017

Structuring A Market-Oriented Federal Eco-Information Policy, Peter S. Menell

Peter Menell

No abstract provided.

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Beyond Westphalia: Competitive Legalization In Emerging Transnational Regulatory Systems, Errol E. Meidinger Nov 2017

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

Errol Meidinger

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 …

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Adapting To Climate Change With Law That Bends Without Breaking, Holly Doremus Oct 2017

Adapting To Climate Change With Law That Bends Without Breaking, Holly Doremus

Holly Doremus

Climate change, the key environmental challenge of this century, is a tough problem for law in many ways. The topic of this panel, instrument choice, highlights a particularly difficult, important, and under-recognized aspect of the climate change challenge: the difficulty of devising a system of environmental law that combines the flexibility necessary to deal with a changing world with the rigidity and accountability essential to hold us to the difficult task of environmental protection.

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The Future Of Environmental Law And Complexities Of Scale: Federalism Experiments With Climate Change Under The Clean Air Act, Hari M. Osofsky Jul 2017

The Future Of Environmental Law And Complexities Of Scale: Federalism Experiments With Climate Change Under The Clean Air Act, Hari M. Osofsky

Hari Osofsky

Since its inception, the Clean Air Act ("CAA") has served as an experiment in environmental governance models. As importantly, the CAA has had to be flexible in responding to our evolving understandings of environmental problems. Whether through amendments or new regulatory regimes under existing provisions, the statute has served as a key mechanism in the U.S. federal government's efforts to respond to complex environmental challenges. This Article focuses on the CAA's efforts to grapple with complexities of regulatory scale as an illustration of the new directions in environmental law that are the focus of this symposium. Air moves around over …

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Introduction To Environmental Constitutionalism, Erin Daly, Louis Kotze, James R. May Apr 2017

Introduction To Environmental Constitutionalism, Erin Daly, Louis Kotze, James R. May

Erin Daly

No abstract provided.

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Environmental Dignity Rights Primer, Erin Daly Apr 2017

Environmental Dignity Rights Primer, Erin Daly

Erin Daly

No abstract provided.

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New Frontiers In Environmental Constitutionalism, Erin Daly, Louis Kotze, James R. May, Caiphas Soyapi Apr 2017

New Frontiers In Environmental Constitutionalism, Erin Daly, Louis Kotze, James R. May, Caiphas Soyapi

Erin Daly

No abstract provided.

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New Frontiers In Environmental Constitutionalism, Erin Daly, Louis Kotze, James R. May, Caiphas Soyapi Apr 2017

New Frontiers In Environmental Constitutionalism, Erin Daly, Louis Kotze, James R. May, Caiphas Soyapi

James R. May

No abstract provided.

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Introduction To Environmental Constitutionalism, Erin Daly, Louis Kotze, James R. May Apr 2017

Introduction To Environmental Constitutionalism, Erin Daly, Louis Kotze, James R. May

James R. May

No abstract provided.

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Sustainability And Global Environmental Constitutionalism, James R. May Apr 2017

Sustainability And Global Environmental Constitutionalism, James R. May

James R. May

No abstract provided.

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Judicial Handbook On Environmental Constitutionalism, James R. May, Erin Daly Dec 2016

Judicial Handbook On Environmental Constitutionalism, James R. May, Erin Daly

James R. May

No abstract provided.

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Subnational Environmental Constitutionalism And Reform In New York State, James R. May Dec 2016

Subnational Environmental Constitutionalism And Reform In New York State, James R. May

James R. May

The State of New York’s constitution was perhaps the first in the world to embody environmental constitutionalism, most directly in what is known as its “Forever Wild” mandate from 1894. In contrast to many subnational environmental provisions, courts in New York have regularly enforced Forever Wild. New York’s Constitution also contains a remarkable mandate that every twenty years voters decide whether to hold elections for delegates to convene a convention to amend the state’s charter.

This article has three parts. Part I provides a primer to the field of subnational environmental constitutionalism. Part II explores the opportunities and challenges in …

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Environmental Racism, Amerian Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez Dec 2016

Environmental Racism, Amerian Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez

Carmen G. Gonzalez

Environmental justice scholars and activists coined the terms “environmental racism” to describe the disproportionate concentration of environmental hazards in neighborhoods populated by racial and ethnic minorities. Having exhausted domestic legal remedies (or having concluded that these remedies are unavailable), communities of color in the United States are increasingly turning to international human rights law and institutions to challenge environmental racism.
However, the United States has ratified only a handful of human rights treaties, and has limited the domestic application of these treaties through reservations and declarations that preclude judicial enforcement in the absence of implementing legislation. Indeed, the U.S. has …

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The "Right" Right To Environmental Protection: What We Can Discern From The American And Indian Constitutional Experience, Deepa Badrinarayana Dec 2016

The "Right" Right To Environmental Protection: What We Can Discern From The American And Indian Constitutional Experience, Deepa Badrinarayana

Deepa Badrinarayana

 The best legal mechanism to protect the environment re-mains a complex and contentious issue. Many normative questions with practical implications remain. Should the legal response be in the foundational document of most legal systems, the Constitution? If so, should a Constitution create a specific right to environmental protection, or are statutory responses to address environmental problems adequate? If one considers environmental protection globally, both constitutional and legislative responses to environmental protection prevail. Yet, neither alone is adequate. Environmental legislation may not cater to individual rights, especially when legislated from a utilitarian platform. A constitutional right to environmental protection can …

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