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Articles 1 - 30 of 60
Full-Text Articles in Environmental Law
The State Of Our Republic: State Constitutions’ Role In Creating A More Perfect Union, Caroline Bullock
The State Of Our Republic: State Constitutions’ Role In Creating A More Perfect Union, Caroline Bullock
CMC Senior Theses
This thesis situates state constitutionalism in the modern context of federal constitutional paralysis. By tracing patterns of state constitutional development, we find that states were always the fundamental setting of democracy, and there has always been critical action happening at state legislatures, in state courts, and through state constitutional change. State constitutions provide an active means to achieve progress and protect rights not federally enshrined (and thus, endangered by the political process). The use of state constitutions to prescribe ways of life, protect individual and specialized rights, and to limit local governments has always occurred, but with the current federal …
Speculative Constitutions In Ursula K. Le Guin’S Hainish Cycle And The Rights Of Nature, Ted Hamilton
Speculative Constitutions In Ursula K. Le Guin’S Hainish Cycle And The Rights Of Nature, Ted Hamilton
Faculty Journal Articles
This paper examines two speculative examinations of humanity as a unified species and agent of ecological change: Ursula K. Le Guin’s Hainish Cycle and the rights of nature movement. Le Guin’s Cycle imagines the slow interplanetary reintegration of human polities against a backdrop of cultural and environmental difference. I read the novels of the Cycle as an allegory for the rights of nature movement, which seeks to synthesize traditional and modern knowledge in a legal solution to ecological crisis. Both discourses, I argue, productively imagine a new historical understanding of humanity’s place on Earth, but they provide a weak theory …
The Clean Air Act: How It Can Be Localized To Promote Both Environmental And Social Justice, Tate Kirk
The Clean Air Act: How It Can Be Localized To Promote Both Environmental And Social Justice, Tate Kirk
Seattle Journal of Technology, Environmental & Innovation Law
Legislators attempt to achieve intended goals by enacting laws that provide for regulatory enforcement. However, many times laws are unable to achieve their stated goals and in some ways may create new or exacerbate existing issues. Luckily, upon review, many of these issues can be fixed with quick modifications to either their implementation or enforcement mechanisms. In its current form, the Clean Air Act does not effectively account for differences in regional climate patterns, and, moreover, it perpetuates environmental injustice. If local governments were given more autonomy to enforce the Clean Air Act, they could shape its enforcement to more …
The Business Of Heritage In Singapore: Money, Politics & Identity, Kevin Tan
The Business Of Heritage In Singapore: Money, Politics & Identity, Kevin Tan
Journal of Comparative Urban Law and Policy
Singapore is one of the most rational and unsentimental places on earth. Its government prides itself on its pragmatic approach to policy-making, and is not afraid to slaughter sacred cows if they have to. This is perhaps most dramatically demonstrated by the radical modernization of Singapore’s built environment through its various Master Plans and public housing programmes. This massive physical transformation is perhaps modern Singapore’s most visible sign of progress. In such a milieu, ‘heritage’ is viewed more as a commodity to be bargained over than a common good in itself. The discussion over whether a building should be preserved …
Institutional Framework For Open Space Conservation, Janice Griffith
Institutional Framework For Open Space Conservation, Janice Griffith
Journal of Comparative Urban Law and Policy
Finding an effective approach to conserve large-scale, multipurpose open spaces through a coordinated network across jurisdictional boundary lines has proved elusive. Because open space infrastructure serves so many functions ranging from recreational trails to ecological systems protection, decision makers have often treated open space as a subpart of another activity and overlooked its importance. After discussing the benefits of open space conservation, this article analyzes the impediments to its realization. Noting the institutional fragmentation that surrounds open space conservation, the article discusses the governmental and private sector bodies that implement actions designed to achieve it. The article argues that open …
Introduction To The Conference: Commemorating The Life And Legacy Of Charles A. Reich, Rodger D. Citron
Introduction To The Conference: Commemorating The Life And Legacy Of Charles A. Reich, Rodger D. Citron
Touro Law Review
No abstract provided.
Introduction To Charles A. Reich’S Keeping Up: Walking With Justice Douglas, Rodger D. Citron
Introduction To Charles A. Reich’S Keeping Up: Walking With Justice Douglas, Rodger D. Citron
Touro Law Review
No abstract provided.
Earth Mothers, Soy Boys, And Cool Dudes: Practicing Law While Protecting The Environment, Elizabeth J. Hubertz
Earth Mothers, Soy Boys, And Cool Dudes: Practicing Law While Protecting The Environment, Elizabeth J. Hubertz
Scholarship@WashULaw
As a public-interest environmental lawyer, this author explores gender in the legal profession. Specifically, gender in environmental law. Through a recognition of the gendered dimensions of environmental law, this Article explores the nature-culture binary, the relationship of meat to masculinity, and perceptions of the risks and threats of climate change.
Something’S In The Water: A Look At How Creativity And Innovation Can Prevent Future Water Crises, Tristan Holiday-Nowden
Something’S In The Water: A Look At How Creativity And Innovation Can Prevent Future Water Crises, Tristan Holiday-Nowden
Creativity and Change Leadership Graduate Student Master's Projects
The purpose of this project is to raise awareness and create a level of consciousness about water, unlike anything we have seen in the past. This project presents a synthesis of current writings and ideologies from the fields of Environmental Science and Water Research. As well as think pieces and informative news articles from various publications.
To illustrate the damaging effects of water contamination, water pollution, and water scarcity; Flint, Michigan will serve as a case study. After diagnosing and defining the problem using the Creative Problem Solving (CPS) framework. This project will explore the challenge and look at the …
Venezuela Undermines Gold Miner Crystallex's Attempts To Recover On Its Icsid Award, Sam Wesson
Venezuela Undermines Gold Miner Crystallex's Attempts To Recover On Its Icsid Award, Sam Wesson
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
Terminal Illness: The Political Ecology And Political Economy Of The Millennium Bulk Coal Export Terminal, Longview, Wa, Paige Mcnorvell
Terminal Illness: The Political Ecology And Political Economy Of The Millennium Bulk Coal Export Terminal, Longview, Wa, Paige Mcnorvell
All Master's Theses
The declining demand for coal in the United States (U.S. Energy Information Administration [EIA] 2016) has led to a push by the coal industry for the construction of export terminals in the Pacific Northwest that would supply coal from the Powder River Basin of Montana and Wyoming to Asia. Though none of the proposed terminals have been approved for construction, the Millennium Bulk Coal Export Terminal in Longview, Washington remains a potentially viable option pending decisions in state and federal courts. In this thesis, I critically analyze the Millennium Bulk Terminal permitting process through a mixed-methods qualitative approach that uses …
Cleaner, Greener, Healthier: A Prescription For Stronger Canadian Environmental Laws And Policies By David R. Boyd, Alex D. Ketchum
Cleaner, Greener, Healthier: A Prescription For Stronger Canadian Environmental Laws And Policies By David R. Boyd, Alex D. Ketchum
The Goose
Review of David R. Boyd's Cleaner, Greener, Healthier: A Prescription for Stronger Canadian Environmental Laws and Policies.
Structures, Norms, And Renewable Energy Policy: A Comparative Analysis Of The Driving Forces Behind Energy Policymaking In The United States And Denmark, Elise Ogden
Senior Theses and Projects
The 1973 OPEC Oil Embargo served as a wake-up call for many highly oil dependent countries, including the United States and Denmark. In the wake of the 1973 oil crisis, the U.S. and Denmark had very different policy responses. Denmark identified oil itself as the underlying issue, and quickly transitioned to alternative energy sources, including wind. Today, Denmark is a global leader in renewable energy usage and sustainability. The United States, on the other hand, saw foreign reliance on oil as the main issue, and moved to develop domestic oil reserves rather than transitioning to alternative sources. Today, the U.S. …
Murray Energy Corporation V. Mccarthy, Sarah M. Danno
Murray Energy Corporation V. Mccarthy, Sarah M. Danno
Public Land & Resources Law Review
Holding that the widespread effects of environmental regulation on the coal industry constituted sufficient importance, the Northern District of West Virginia ordered the Environmental Protection Agency to conduct analysis on employment loss and plant reduction resulting from regulatory effects. In admonishing the EPA’s inaction, the court ruled that the Agency had a non-discretionary duty to evaluate employment and plant reduction. Furthermore, the court held that the EPA’s attempt to put forth general reports in place of required evaluations was an invalid attempt to circumvent its statutory duty.
Deepwater Port Act Of 1974: Some International And Environmental Implications, James H. Gnann Jr.
Deepwater Port Act Of 1974: Some International And Environmental Implications, James H. Gnann Jr.
Georgia Journal of International & Comparative Law
No abstract provided.
Human Survival, Risk, And Law: Considering Risk Filters To Replace Cost-Benefit Analysis, John William Draper
Human Survival, Risk, And Law: Considering Risk Filters To Replace Cost-Benefit Analysis, John William Draper
Librarian Scholarship at Penn Law
Selfish utilitarianism, neo-classical economics, the directive of short-term income maximization, and the decision tool of cost-benefit analysis fail to protect our species from the significant risks of too much consumption, pollution, or population. For a longer-term survival, humanity needs to employ more than cost-justified precaution.
This article argues that, at the global level, and by extension at all levels of government, we need to replace neo-classical economics with filters for safety and feasibility to regulate against significant risk. For significant risks, especially those that are irreversible, we need decision tools that will protect humanity at all scales. This article describes …
Thawing Out: The Role Of The Arctic Council Service In A Melting Arctic, Taylor J. Enos
Thawing Out: The Role Of The Arctic Council Service In A Melting Arctic, Taylor J. Enos
Pell Scholars and Senior Theses
With the changing natural and political climate of the Arctic, conflicts over resource extraction and navigation will become inevitable. Empowering an intergovernmental institution like the Arctic Council Service may be the only solution. This paper analyzes the importance and history of the Arctic as a political environment, which is prone to abuse in the very near future at the hands of Russia and the United States.
Implementation Procedures For Puerto Rico's Environmental Laws, Sara Enid Camerón
Implementation Procedures For Puerto Rico's Environmental Laws, Sara Enid Camerón
Walden Dissertations and Doctoral Studies
In 2004, Puerto Rico's new environmental legislation became part of the penal code with the intention of protecting the island nation's natural resources through criminal prosecution. However, the problem is a dearth of information about the prosecutions of environmental crimes and the law enforcement agent's implementation practices. The purpose of this study was to describe the execution of the law and the few cases prosecuted. Lipsky and Hull and Hjern's theory of implementation were used to help answer the research question: What are the implementation procedures of law enforcement agents on Puerto Rico's environmental crimes law, and what can be …
The Role Of The State, Multinational Oil Companies, International Law & The International Community: Intersection Of Human Rights & Environmental Degradation Climate Change In The 21st Century Caused By Traditional Extractive Practices, The Amazon Rainforest, Indigenous People And Universal Jurisdiction To Resolve The Accountability Issue, Marcela Cabrera Luna
Master's Theses
Local, national and international conventions that protect indigenous sovereignty and their territories, where many of the resources are extracted from by multinational corporations (MNCs) particularly oil, the number one commodity of the world and cause of climate change, continue to be jeopardized because of the lack of a clear international legal framework that can protect them and potentially hold multinationals accountable for their actions. These practices are causing not only environmental issues to the indigenous and surrounding communities, but climate change is in fact, the real human rights issue of the 21st century and it affects everyone. By using …
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
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 …
C(R)Ap And Trade: The Brave New World Of Non-Point Source Nutrient Trading And Using Lessons From Greenhouse Gas Markets To Make It Work, Victor B. Flatt
C(R)Ap And Trade: The Brave New World Of Non-Point Source Nutrient Trading And Using Lessons From Greenhouse Gas Markets To Make It Work, Victor B. Flatt
Victor B Flatt
After several decades of improvement, water quality in the United States is getting worse, and the problem is primarily caused by run-off from non-point sources, such as farms and urban development. These non-point sources have never had regulatory mandates in the Clean Water Act, and have proven very difficult to control. With little likelihood of comprehensive statutory changes, the EPA and the states that administer the Clean Water Act have looked to other regulatory means to address this problem. One of the most prominent has been the use of markets in pollution (particularly for nutrient pollution from run-off) to provide …
Slides: Is There A Dust Bowl In Our Future?: Projections For The Eastern Rockies And Central Great Plains, Dennis Ojima
Slides: Is There A Dust Bowl In Our Future?: Projections For The Eastern Rockies And Central Great Plains, Dennis Ojima
Water, Climate and Uncertainty: Implications for Western Water Law, Policy, and Management (Summer Conference, June 11-13)
Presenter: Dennis Ojima, Senior Research Scientist, Natural Resource Ecology Laboratory, Colorado State University (NREL/CSU)
30 slides
The Laws Of Nature: Reflections On The Evolution Of Ecosystem Management Law And Policy, Kalyani Robbins
The Laws Of Nature: Reflections On The Evolution Of Ecosystem Management Law And Policy, Kalyani Robbins
University of Akron Press Publications
This timely collection written by an interdisciplinary array of law professors, who specialize in legal and policy issues surrounding ecosystem management, and scholars and practitioners in areas such as environmental policy and planning, conservation, economics, and biology explore why ecosystems must be valued and managed in their own right. The importance of ecosystems has been underestimated. We cannot simply hope ecosystems will benefit from legislation focused on other environmental and natural resource protections, such as those for wildlife, trees, air and water. An ecosystem, a community of organisms together with their physical environment, viewed as a system of interacting and …
Rural Communities: How Do Individuals Perceive Change When Industry Enters The Area?, Katherine Danielle Ferrari
Rural Communities: How Do Individuals Perceive Change When Industry Enters The Area?, Katherine Danielle Ferrari
USF Tampa Graduate Theses and Dissertations
As the landscape of the United States changes and world resources face depletion, shale gas development has become a major social justice issue. Social workers may be called upon to help support communities undergoing change from industry as well as the environmental and social justice concerns that are arising in areas with rich natural resource supplies.
This research examines how a rural population perceives change when industry enters an area. It explores community change and social justice concerns that are occurring with shale gas development in order to help determine implications for social work practice.
Using a phenomenological approach, this …
Slides: Meeting The Needs Of Women Through Clean Cooking Solutions, Corinne Hart
Slides: Meeting The Needs Of Women Through Clean Cooking Solutions, Corinne Hart
2012 Energy Justice Conference and Technology Exposition (September 17-18)
Presenter: Corinne Hart, Program Manager, Gender and Markets, Global Alliance for Clean Cookstoves
20 slides
Slides: Drawing The Blueprint For A Sustainable Natural Gas Future, Mark K. Boling
Slides: Drawing The Blueprint For A Sustainable Natural Gas Future, Mark K. Boling
Drawing the Blueprint for a Sustainable Natural Gas Future (January 18)
Presenter: Mark. K. Boling, Executive Vice-President and General Counsel, Southwestern Energy
23 slides
China's "Green Leap Forward" Toward Global Environmental Leadership, Robert V. Percival
China's "Green Leap Forward" Toward Global Environmental Leadership, Robert V. Percival
Robert Percival
This article argues that China may be on the verge of a “Green Leap Forward” that could make it a global environmental leader. This article argues that two principal forces have contributed to this development. First, Chinese officials now realize that a global shift away from fossil fuels will create enormous business opportunities on a global scale. Chinese companies are now making enormous strides in the development of green technology, such as solar power, wind energy, and electric cars, with the active assistance of the Chinese government. Second, realizing that climate change severely threatens China, and stung by the criticism …
Slides: Collaborative Planning And Lessons Learned, Matt Sura
Slides: Collaborative Planning And Lessons Learned, Matt Sura
Best Management Practices (BMPs): What? How? And Why? (May 26)
Presenter: Matt Sura, University of Colorado Law School
48 slides
Shaping Water Policy: Political Influences In The European Union And United States, Christopher Young
Shaping Water Policy: Political Influences In The European Union And United States, Christopher Young
Claremont-UC Undergraduate Research Conference on the European Union
No abstract provided.
Environmental Problems Of Industrialization And Sustainable Development In Nigeria - A Review, Adejoh Iyaji
Environmental Problems Of Industrialization And Sustainable Development In Nigeria - A Review, Adejoh Iyaji
Confluence Journal Environmental Studies (CJES), Kogi State University, Nigeria
The main objective of this paper is to examine the impact of the quest for industrialization on the environment in Nigeria; others include, the identification of the objectives of sustainable development as well as making recommendations that will lead to the much needed sustainable environment both for the present generation and generations yet unborn. The researcher relied principally on secondary sources of data for this paper which is theoretical in approach. Findings revealed the emergence of a host of environmental problems such as air pollution, deforestation, desertification, solid and hazardous waste problems in the wake of the quest for industrialization. …