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Land Use And The Climate Bubble: The Due Diligence Defense, John R. Nolon 2014 Pace University

Land Use And The Climate Bubble: The Due Diligence Defense, John R. Nolon

Pace Law Faculty Publications

This article examines events on the ground in several localities where climate change is lowering property values and analyzes how those changes in value can be reckoned with by regulators. The article merges practices and principles of real estate transactions and finance with those of land use and environmental regulation.

Climate change is a planetary phenomenon whose environmental implications are far-reaching. Reports on climate change consequences increasingly focus on what is happening locally and presently, while speculation continues about long-term global consequences. In numerous communities, property values are declining because of repeated flooding, continued threats of storm surges, sustained high ...


Climate Engineering Field Research: The Favorable Setting Of International Environmental Law, Jesse Reynolds 2014 SelectedWorks

Climate Engineering Field Research: The Favorable Setting Of International Environmental Law, Jesse Reynolds

Jesse Reynolds

As forecasts for climate change and its impacts have become more dire, climate engineering proposals have come under increasing consideration and are presently moving toward field trials. This article examines the relevant international environmental law, distinguishing between climate engineering research and deployment. It also emphasizes the climate change context of these proposals and the enabling function of law. Extant international environmental law generally favors such field tests, in large part because, even though field trials may present uncertain risks to humans and the environment, climate engineering may reduce the greater risks of climate change. Notably, this favorable legal setting is ...


Applying The Third Un Convention On The Law Of The Sea To Living Marine Resources: Comparing The Approaches Of The United States And South Africa To Highly Migratory Species Management, Erica Wright 2014 University of Georgia School of Law

Applying The Third Un Convention On The Law Of The Sea To Living Marine Resources: Comparing The Approaches Of The United States And South Africa To Highly Migratory Species Management, Erica Wright

Georgia Journal of International & Comparative Law

No abstract provided.


Regulation Of Chemical Risks: Lessons For Tsca Reform From Canada And The European Union, Adam Abelkop, John D. Graham 2014 SelectedWorks

Regulation Of Chemical Risks: Lessons For Tsca Reform From Canada And The European Union, Adam Abelkop, John D. Graham

Adam Abelkop

The United States Congress is considering reform of the Toxic Substances Control Act (TSCA) of 1976. This Article compares recent reforms in Europe and Canada in order to draw lessons for TSCA reform. In 2006, the European Union enacted the Registration, Evaluation, Authorization, and Restriction of Chemicals (REACH) regulation while Canada used existing authority under the Canadian Environmental Protection Act (CEPA) of 1999 to initiate the 2006 Chemicals Management Plan (CMP). Focusing on the tens of thousands of industrial chemicals now in use in the US, we offer several suggestions for TSCA reform based on the European and Canadian experiences ...


Looking To The Practices Of Transnational Corporations To Protect The Global Environment: A New Theory Of Custom In International Environmental Law, Matthew A. Thurmer Mr. 2014 SelectedWorks

Looking To The Practices Of Transnational Corporations To Protect The Global Environment: A New Theory Of Custom In International Environmental Law, Matthew A. Thurmer Mr.

Matthew A Thurmer Mr.

To a large extent, international environmental law has been unsuccessful. As a result, new and creative thinking is needed to protect the global environment. This paper, in particular, considers an approach to customary international law that is based on the practices of transnational corporations (TNCs) rather than the practices of states. Of course, many TNCs are harming the Earth. Thus, the state must regulate these multinational companies to establish practices that are environmentally sound. If enough states pass and enforce such laws, then at some point a rule of custom will arise that can protect the global environment.


Kyoto Comes To Georgia: How International Environmental Initiatives Foster Sustainable Commerce In Small Town America, T. Rick Irvin, Peter A. Appel, Julie M. McEntire, J. Chris Rabon 2014 University of Georgia School of Law

Kyoto Comes To Georgia: How International Environmental Initiatives Foster Sustainable Commerce In Small Town America, T. Rick Irvin, Peter A. Appel, Julie M. Mcentire, J. Chris Rabon

Georgia Journal of International & Comparative Law

No abstract provided.


Governing For The Corporations: History And Analysis Of U.S. Promotion Of Foreign Investment, Michael R. Miller 2014 SelectedWorks

Governing For The Corporations: History And Analysis Of U.S. Promotion Of Foreign Investment, Michael R. Miller

Michael R Miller

This paper explores and analyzes U.S. government support for foreign investors, especially major oil companies.

Throughout the 20th Century the US government has repeatedly used its international political influence to benefit US corporate activities abroad. The US government and others assumed initially that this was in the larger interests of the United States because US companies would represent and promote the United States’ policy agenda.

However, US corporate activities abroad over the last century seem to indicate this assumption was flawed. In numerous examples, US corporations have either ignored or thwarted the stated interests of the US government. At ...


One Step Forward, Two Steps Back: The Central American Free Trade Agreement And The Environment, Nathaniel Hemmerick Hunt 2014 University of Georgia School of Law

One Step Forward, Two Steps Back: The Central American Free Trade Agreement And The Environment, Nathaniel Hemmerick Hunt

Georgia Journal of International & Comparative Law

No abstract provided.


Protecting Children Attending School Through Effective Regulations Of Harmful Volatile Organic Compounds, Michelle Gregory 2014 SelectedWorks

Protecting Children Attending School Through Effective Regulations Of Harmful Volatile Organic Compounds, Michelle Gregory

Michelle Gregory

The United States Environmental Protection Agency (EPA) has a regulation known as the Federal Clean Air Act Currently, the Federal Clean Air Act only sets the framework for air pollution control as it affects industrial settings.Although industrial facilities are not major sources of ozone depletion per se; they are sources of high emissions of volatile organic compounds (VOCs), which are the precursors of ozone depletion.The EPA has not established standards for indoor VOCs and nonindustrial settings. As a result, public health is compromised as states and communities are left to determine policies relating to land development and indoor ...


Climate Change And Energy Law: Past, Present, And Future Legislation Efforts, Christopher Henry 2014 SelectedWorks

Climate Change And Energy Law: Past, Present, And Future Legislation Efforts, Christopher Henry

Christopher Henry

No abstract provided.


Human Rights And Climate Change: Moving From An Intrinsic To An Instrumental Approach, Edward Cameron 2014 University of Georgia School of Law

Human Rights And Climate Change: Moving From An Intrinsic To An Instrumental Approach, Edward Cameron

Georgia Journal of International & Comparative Law

No abstract provided.


The Intersection Of International Human Rights And Domestic Environmental Regulation, Rebecca M. Bratspies 2014 University of Georgia School of Law

The Intersection Of International Human Rights And Domestic Environmental Regulation, Rebecca M. Bratspies

Georgia Journal of International & Comparative Law

No abstract provided.


Procedural Rights As A Crucial Tool To Combat Climate Change, Svitlana Kravchenko 2014 University of Georgia School of Law

Procedural Rights As A Crucial Tool To Combat Climate Change, Svitlana Kravchenko

Georgia Journal of International & Comparative Law

No abstract provided.


"First, Do No Harm": Human Rights And Efforts To Combat Climate Change, Naomi Roht-Arriaza 2014 University of Georgia School of Law

"First, Do No Harm": Human Rights And Efforts To Combat Climate Change, Naomi Roht-Arriaza

Georgia Journal of International & Comparative Law

No abstract provided.


Human Rights Obligations And Accountability In The Face Of Climate Change, Marc Limon 2014 University of Georgia School of Law

Human Rights Obligations And Accountability In The Face Of Climate Change, Marc Limon

Georgia Journal of International & Comparative Law

No abstract provided.


Keynote Address: Poverty, Climate Change, And Overpopulation, Thomas Pogge 2014 University of Georgia School of Law

Keynote Address: Poverty, Climate Change, And Overpopulation, Thomas Pogge

Georgia Journal of International & Comparative Law

No abstract provided.


Introduction: Climate Change And Human Rights: Unpacking The Issues, Daniel Bodansky 2014 University of Georgia School of Law

Introduction: Climate Change And Human Rights: Unpacking The Issues, Daniel Bodansky

Georgia Journal of International & Comparative Law

No abstract provided.


U.S. Military Responsibility For Environmental Clean Up In Contingency Environments, Jennifer Neuhauser 2014 SelectedWorks

U.S. Military Responsibility For Environmental Clean Up In Contingency Environments, Jennifer Neuhauser

Jennifer Neuhauser

U.S. Military Responsibility for Environmental Clean Up in Contingency Environments

Environmental destruction is an inevitable by-product of warfare. However, the new paradigm of U.S. military contingency operations requires a strategic vision beyond merely engaging the enemy. American military commanders in the 21st century must also seek to win the “hearts and minds” of the local population in order to solidify gains and ensure lasting victory. Unfortunately, many commanders have not adapted to this new way of thinking. As a result, commanders fail to consider the long-term environmental damage inflicted by their soldiers during combat operations, damage which ...


Sue And Settle: Demonizing The Environmental Citizen Suit, Stephen M. Johnson 2014 Seattle University School of Law

Sue And Settle: Demonizing The Environmental Citizen Suit, Stephen M. Johnson

Seattle University Law Review

In the spring of 2013, industry groups and states began a concerted lobbying effort to oppose citizen enforcement of the federal environmental laws. The United States Chamber of Commerce and lobbyists for states created a catch-phrase—“sue and settle”—to demonize citizen enforcement and the federal government’s practice of settling lawsuits it is destined to lose in court. The Chamber alleged that the federal government, by settling lawsuits brought by citizens groups rather than defending them in court, was colluding with those non-governmental organizations and excluding other affected parties to reallocate the agencies’ priorities and obligations. Federal environmental laws ...


Archaeological Sites And Mangrove Forest: A Legal Overview Of The Ecologically Critical Areas In The Bangladesh Context, Arpeeta Shams Mizan 2014 SelectedWorks

Archaeological Sites And Mangrove Forest: A Legal Overview Of The Ecologically Critical Areas In The Bangladesh Context, Arpeeta Shams Mizan

Arpeeta Shams Mizan

Ecologically critical area as a concept is practised globally to preserve the natural biodiversity of environmentally endangered areas. These areas also fall under the criteria of natural and cultural heritage. Since the Stockholm Declaration, leading international legal instruments have reiterated their sanctity in consonance with the principles of Intergenerational equity and also of human rights. The environmental law in Bangladesh has incorporated these principles by making provisions for Ecologically Critical Areas (ECAs) in the Bangladesh Environment Conservation Act 1995 (as amended in 2010) and the Environment Conservation Rules 1997. Bangladesh is a signatory to the World Heritage Convention, the principal ...


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