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Market Mechanisms In Environmental Law, Sanja Bogojevic 2016 Lund University

Market Mechanisms In Environmental Law, Sanja Bogojevic

Sanja Bogojević

No abstract provided.


Surface Water In Indiana, Thomas L. Shaffer 2016 Notre Dame Law School

Surface Water In Indiana, Thomas L. Shaffer

Thomas L. Shaffer

No abstract provided.


Kain V. Department Of Environmental Protection, Sarah M. Danno 2016 Alexander Blewett III School of Law at the University of Montana

Kain V. Department Of Environmental Protection, Sarah M. Danno

Public Land and Resources Law Review

Global climate change and its chronic frustrations generated passage of the Massachusetts Global Warming Solutions Act. The Massachusetts Legislature imposed time-bound implementation mandates on the Massachusetts Department of Environmental Protection with Massachusetts residents acting as compliance watchdogs. In Kain, the Supreme Judicial Court of Massachusetts interpreted the Act in favor of environmental integrity and strict agency compliance standards.


Enforcement And The Success Of International Environmental Law, Mary Ellen O'Connell 2016 Indiana University School of Law

Enforcement And The Success Of International Environmental Law, Mary Ellen O'Connell

Mary Ellen O'Connell

Professor O'Connell discusses the tradtional methods used for international law "enforcement," and she argues that international law is generally obeyed Its enforcement is based primarily on compliance, not enforcement. Accordingly, the author argues against using international enforcement mechanisms to enforce international environmental law. Instead, she posits that domestic courts should be used for international environmental law enforcement, however, certain obstacles, such as sovereign immunity, the doctrine of standing, and the principle of forum non conveniens, must be overcome. Professor O'Connell argues that it may be possible to overcome many of these court-made obstacles to enforcing international law through ...


Captive Courts: The Destruction Of Judicial Decisions By Agreement Of The Parties, Jill E. Fisch 2016 University of Pennsylvania Law School

Captive Courts: The Destruction Of Judicial Decisions By Agreement Of The Parties, Jill E. Fisch

Jill Fisch

No abstract provided.


The Damming Of Nature: How China Is Expanding Its Dam Infrastructure And Potential Negative Downstream Effects On Fisheries Of The Yaluzangbu-Brahmaputra River, Stephanie M. Smith 2016 Golden Gate University School of Law

The Damming Of Nature: How China Is Expanding Its Dam Infrastructure And Potential Negative Downstream Effects On Fisheries Of The Yaluzangbu-Brahmaputra River, Stephanie M. Smith

Golden Gate University Environmental Law Journal

In light of the critical need to shift from fossil fuels as the primary source of energy, China continues to plan expansive hydropower generation projects on the Yaluzangbu-Brahmaputra River, one of the few remaining clean and biologically diverse river basin ecosystems in China. In March 2011, the Chinese National People’s Congress approved the Twelfth Five-Year Plan (Plan) for national development with specific themes and targets within the economic and social arenas. The Plan has a specific focus on “higher quality growth,” which is defined in the Plan as addressing the issues of renewable energy and sustainability. Specifically, the Plan ...


Reducing Overdraft And Respecting Water Rights Under California's 2014 Sustainable Groundwater Management Act: A View From The Kern County Farming Sector, Ashley Mettler 2016 Golden Gate University School of Law

Reducing Overdraft And Respecting Water Rights Under California's 2014 Sustainable Groundwater Management Act: A View From The Kern County Farming Sector, Ashley Mettler

Golden Gate University Environmental Law Journal

California groundwater is an invaluable drought reserve for agricultural farmers. With historically dry conditions affecting the annual water supply, precious groundwater has become one of the last water resources available to growers in the Central Valley. The devastating drought effects have necessitated the use of groundwater to help offset the surface water deprivation, and the increase in groundwater usage has become a source of growing conflict among water users and environmentalists across the state.

In 2014, the California Legislature introduced the Sustainable Groundwater Management Act (SGMA), opening the door to a new era of water management and new challenges for ...


Conflicting Theories At Play: Chemical Disclosure And Trade Secrets In The New Federal Fracking Regulation, Melanie McCormick 2016 Golden Gate University School of Law

Conflicting Theories At Play: Chemical Disclosure And Trade Secrets In The New Federal Fracking Regulation, Melanie Mccormick

Golden Gate University Environmental Law Journal

Currently, there is no federal law regulating fracking. Instead, fracking is only regulated under state law. Public disclosure requirements vary widely from state-to-state. Some states have no disclosure requirements at all. Of the states that do, most have included trade secret exception provisions allowing oil and gas companies to refuse to disclose the chemicals they use in fracking. More importantly, very few state laws that have trade secret exceptions also require that the company provide any substantiation that the trade secret is legitimate. Without some kind of uniform factual substantiation requirement, what is to keep oil and gas companies from ...


Climate Resilience Metrics – Putting Them To Work In California, Alexandra R. Leumer 2016 The Nature Conservancy, California Chapter

Climate Resilience Metrics – Putting Them To Work In California, Alexandra R. Leumer

Golden Gate University Environmental Law Journal

Building on climate adaptation goals defined in climate policy, this paper identifies examples of performance-based metrics to measure and track the effectiveness of climate risk reduction and resilience actions in California in order to inform developing state policy and guidance on resilience metrics. After a brief review of California’s climate goals, a set of guiding principles are proposed for metric development. An overview of the current discourse on resiliency metrics follows and the paper concludes with a set of recommendations for the state as it moves forward in the development of metrics.


Ten Regulatory And Cultural Principles That Improve California's Drought Planning, Chris Shutes 2016 California Sportfishing Protection Alliance

Ten Regulatory And Cultural Principles That Improve California's Drought Planning, Chris Shutes

Golden Gate University Environmental Law Journal

Forty-one of the past hundred years in California have been part of multi-year drought sequences. The 2012–2015 drought was one of the worst of the last hundred years, and there are increasing concerns that climate change will increase the frequency of drought in California. This article deals with ten regulatory and cultural principles developed in the last decade that are becoming embedded in drought planning in California.


Sweating The Small Stuff: Managing Fisheries And Fostering Marine Ecosystem Resilience In The Face Of Climate Change, Andrea Arnold Treece 2016 Earthjustice

Sweating The Small Stuff: Managing Fisheries And Fostering Marine Ecosystem Resilience In The Face Of Climate Change, Andrea Arnold Treece

Golden Gate University Environmental Law Journal

Since 2013, thousands of emaciated California sea lion pups have washed ashore along the United States West Coast (“U.S. West Coast” or “West Coast”), leading concerned scientists and members of the public to wonder what’s happening off our shores. In March 2016, researchers concluded that California sea lions have been suffering from mass malnutrition because their main food sources, sardine and anchovy, are scarce. Why are these fish so scarce? Scientists say that the combination of unusually warm ocean conditions and fishing for sardine and anchovy has depleted the food supply for these animals. And sea lions are ...


In This Edition, Paul Stanton Kibel, Phoebe Moshfegh 2016 Golden Gate University School of Law

In This Edition, Paul Stanton Kibel, Phoebe Moshfegh

Golden Gate University Environmental Law Journal

Over the past two decades, considerable attention has been given to the subject of climate mitigation, of the development of laws and policies to reduce the amount of greenhouse gas emissions that are contributing to global warming. More recently, in addition to climate mitigation, attention has turned to the question of climate adaptation, of the development of law and policies that respond to the environmental consequences of climate change. In this Pacific Region Edition of the Golden Gate University Environmental Law Journal, titled Climate Resiliency – California Prepares for an Altered Environment, we develop this theme of climate adaptation. Our edition ...


Table Of Contents, 2016 Golden Gate University School of Law

Table Of Contents

Golden Gate University Environmental Law Journal

No abstract provided.


Masthead, 2016 Golden Gate University School of Law

Masthead

Golden Gate University Environmental Law Journal

No abstract provided.


Case Study On The Galapagos Islands: Balance For Biodiversity & Migration, Cesar E. Neira 2016 Barry University School of Law

Case Study On The Galapagos Islands: Balance For Biodiversity & Migration, Cesar E. Neira

Environmental and Earth Law Journal (EELJ)

In this comment, the author will examine the Special Organic Law of the Galapagos. To better understand the impacts of the law, the comment will examine some of the more notable provisions of the 1998 version, and a few of the amended changes in 2015. Throughout this comment, themes such as migration and preserving biodiversity will be discussed. As we will see, this notion of balancing human needs and ecosystem in the islands is not always straight-forward.


Trouble In Paradise: Maintaining The Eu Ideal For Environmental Policy In Eestern Europe, Amanda L. Harb 2016 Barry University School of Law

Trouble In Paradise: Maintaining The Eu Ideal For Environmental Policy In Eestern Europe, Amanda L. Harb

Environmental and Earth Law Journal (EELJ)

Ten Central and Eastern European nations have joined the EU in the last decade. The conditions for joining the EU are scrupulous and expansive, covering everything from: election rules, food product labels, and battery disposal. CEE states who are newly inducted into the EU are currently striving to successfully implement the complete extent of collected EU law. Eastern Europe has long lagged behind the west in environmental policy. Extreme industrialization and widespread deregulation over the last century produced many areas with environmental degradation. The idea is that by adopting European environmental policy, Eastern European states can cash in on European ...


Too Many Humans, Dwindling Resources, And Not Enough Space, Jorge T. Martinez 2016 Barry University School of Law

Too Many Humans, Dwindling Resources, And Not Enough Space, Jorge T. Martinez

Environmental and Earth Law Journal (EELJ)

This paper will address the often-overlooked subject of human overpopulation and examine the role it plays in the environmental health of our planet. Part I will define overpopulation and how it is determined, as well as briefly examine animal overpopulations and their effects on the environment. Part II will turn to human population trends, the carrying capacity of humans on earth, and the environmental consequences of human overpopulation. The environmental issues currently faced in China, India, Africa, and other densely populated areas will be explored. Part III will analyze some of the legal solutions that have been implemented to curb ...


Equal Protection For Animals, Pat Andriola 2016 New York University School of Law

Equal Protection For Animals, Pat Andriola

Environmental and Earth Law Journal (EELJ)

This paper presents a simple argument: through a Dworkinian moral reading of the Constitution, nonhuman animals fall under the Supreme Court’s equal protection doctrinal framework for suspect classification. Therefore, nonhuman animals are protected by the Fourteenth Amendment. The moral principle underlying equal protection is the ensuring of government’s empathetic and equitable treatment toward not just subgroups of humans (which have been judicially delineated by social constructs of race, gender, sexuality, and other defining characteristics), but toward all sentient beings who may become victim to the “tyranny of the majority.


Hurricane Sandy And Her Lasting Environmental Impacts, Amanda Hunt 2016 Barry University School of Law

Hurricane Sandy And Her Lasting Environmental Impacts, Amanda Hunt

Environmental and Earth Law Journal (EELJ)

More than three years have passed since Hurricane Sandy; estimated to be nearly 900 to 1,000 miles wide, made landfall along the U.S. Mid-Atlantic and Northeast Coasts on October 29, 2012. This Comment addresses the exacerbated environmental and public health effects of Hurricane Sandy, which resulted from flaws in disaster relief funding.


International Water Law And China’S Management Of Its International Rivers, James D. Fry, Agnes Chong 2016 University of Hong Kong Faculty of Law

International Water Law And China’S Management Of Its International Rivers, James D. Fry, Agnes Chong

Boston College International and Comparative Law Review

This Article explores China’s management of its international rivers. China has various domestic pieces of legislation, including the Water Law of 2002, to regulate the uses and protection of its international rivers. It is clear that international water law influenced China inasmuch as there are similarities between the 1997 Watercourses Convention and the Water Law of 2002, and even China has recognized the influence of international law in the formation of its Water Law of 2002. This runs contrary to the widespread belief among Western commentators that China generally does not engage in these types of matters with international ...


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