Boston College Law School
Duke Law
College of William & Mary Law School
American University Washington College of Law
Risk, Uncertainty And Precaution: Lessons From The History Of Us Environmental Law,
2014
University of Maryland Francis King Carey School of Law
Risk, Uncertainty And Precaution: Lessons From The History Of Us Environmental Law, Robert V. Percival
Faculty Scholarship
Globalization and expanding world trade are creating new pressures to harmonize environmental standards. Countries increasingly are borrowing legal and regulatory policy innovations from one another, moving toward greater harmonization of regulatory policies. Regulatory policy generally seeks to prevent harm before it occurs, but the reality is that it usually has been more reactive than precautionary, responding only after harm has become manifest. As regulators seek to improve their responses to new and emerging environmental risks, it is useful to consider what lessons can be learned from past experience with regulatory policy. This chapter reviews controversies over regulatory policy through the ...
Environmental Abuses In Nigeria: Implications For Reproductive Health,
2013
Golden Gate University School of Law
Environmental Abuses In Nigeria: Implications For Reproductive Health, Violet Aigbokhaevbo, Nkoli Aniekwu
Annual Survey of International & Comparative Law
The prevalence of abusive environmental practices in Nigeria and the impunity with which they are perpetuated has generated increased concern globally and among the populace. Reproductive health and environmental health are intertwined. There has been increased concern about the adverse impact of environmental contaminants on fertility and reproduction. For example, epidemiological studies indicate that environmental exposure to endocrine disrupting chemicals is associated with human diseases and disabilities. Such exposure to environmental contaminants can be through air, water, land, and the workplace. In Nigeria, infant and maternal health prospects are still shrouded in controversy due to the unreliability of data and ...
A Flaw In California's Cap-And-Trade Plan,
2013
Golden Gate University School of Law
A Flaw In California's Cap-And-Trade Plan, Alan Ramo, Janet Redman
Publications
California has made clear its intention to reduce greenhouse gas emissions. But is it taking the right steps to do so? The state has set a goal of returning to 1990 emissions levels by 2020. It has adopted renewable energy standards, driven the national trend in controlling automobile emissions and instituted a cap-and-trade program aimed at curbing climate pollution from power plants, refineries and other "stationary sources" of emissions. But a low-profile bill scheduled for consideration by the Legislature next year has exposed that, at least as far as its cap-and-trade program is concerned, California may be off-track. As it ...
A Mild Winter: The Status Of Environmental Preliminary Injunctions,
2013
Seattle University School of Law
A Mild Winter: The Status Of Environmental Preliminary Injunctions, Sarah J. Morath
Seattle University Law Review
Since the enactment of environmental legislation in the 1970s, the preliminary injunction standard articulated by the Supreme Court for environmental claims has evolved from general principles to enumerated factors. In Winter v. Natural Resource Defense Council, Inc., the Court’s most recent refinement, the Court endorsed but failed to explain the application of a common four-factor test when it held that the alleged injury to marine mammals was outweighed by the public interest of a well-trained and prepared Navy. While a number of commentators have speculated about Winter’s impact on future environmental preliminary injunctions, this article seeks to more ...
The Climate Change-Sustainable Development Nexus: A Proposal For Convergence,
2013
Pace University
The Climate Change-Sustainable Development Nexus: A Proposal For Convergence, Alvin K. Leong
Dissertations & Theses
This thesis is founded on the proposition that climate change and sustainable development are inextricably linked with each other and form a “nexus” that should be understood in a pragmatic and holistic way. Accordingly, the climate change “problem” cannot be adequately addressed in “silos” or by traditional output control techniques but instead should be viewed as a multidimensional challenge that calls for transformative change in the world energy sector in light of the wider contexts of sustainability and social equity. This thesis observes that with the emergence of a post-2015 development agenda and Sustainable Development Goals (SDGs) at the United ...
Rethinking Health-Based Environmental Standards,
2013
NELLCO
Rethinking Health-Based Environmental Standards, Michael A. Livermore, Richard L. Revesz
New York University Law and Economics Working Papers
Under the Clean Air Act, the U.S Environmental Protection Agency (EPA) is required to determine the stringency of the National Ambient Air Quality Standards (NAAQS), arguably the most important federal environmental program, without considering the costs of achieving these standards. Instead, it must rely exclusively on health-related criteria. This Article argues that health-based standards, which are one of the principal approaches to setting the stringency of environmental requirements in the United States, exhibit two serious pathologies: the stopping point problem and the inadequacy paradox. The stopping point problem arises because there is no coherent, defensible way for EPA to ...
Rethinking Health-Based Environmental Standards,
2013
NELLCO
Rethinking Health-Based Environmental Standards, Michael A. Livermore, Richard Revesz
New York University Public Law and Legal Theory Working Papers
Under the Clean Air Act, the U.S Environmental Protection Agency (EPA) is required to determine the stringency of the National Ambient Air Quality Standards (NAAQS), arguably the most important federal environmental program, without considering the costs of achieving these standards. Instead, it must rely exclusively on health-related criteria. This Article argues that health-based standards, which are one of the principal approaches to setting the stringency of environmental requirements in the United States, exhibit two serious pathologies: the stopping point problem and the inadequacy paradox. The stopping point problem arises because there is no coherent, defensible way for EPA to ...
Anderson Brothers, Inc. V. St. Paul Fire And Marine Insurance Co.,
2013
The University of Montana School of Law
Anderson Brothers, Inc. V. St. Paul Fire And Marine Insurance Co., Katelyn J. Hepburn
Public Land and Resources Law Review
The United States Court of Appeals for the Ninth Circuit considered whether a letter from the EPA notifying a party of potential liability under CERCLA is a “suit,” triggering an insurance company’s duty to defend. Applying Oregon contract law, the Ninth Circuit affirmed the decision of the United States District Court for the District of Oregon, stating that the letters from the EPA were “functional equivalents” to a suit under the insured’s policy and the insurer’s denial to defend was a breach of the policy.
Orbital Debris: Out Of Space,
2013
University of Georgia School of Law
Orbital Debris: Out Of Space, Meghan R. Plantz
Georgia Journal of International & Comparative Law
No abstract provided.
Saving The Trees One Constitutional Provision At A Time: Judicial Activism And Deforestation In India,
2013
University of Georgia School of Law
Saving The Trees One Constitutional Provision At A Time: Judicial Activism And Deforestation In India, Lennon Banks Haas
Georgia Journal of International & Comparative Law
No abstract provided.
Alaska Wilderness League V. U.S. Epa,
2013
The University of Montana School of Law
Alaska Wilderness League V. U.S. Epa, Maxwell Kirchhoff
Public Land and Resources Law Review
In this case, the Ninth Circuit deferred to the EPA’s interpretation of a statute concerning whether increment requirements were applicable to a temporary source pollutant. The court held that Shell Offshore, Inc. was not required to analyze the potential impact of an offshore drill barge, the Kulluk, under the Clean Air Act. Additionally, the plaintiffs’ challenge concerning the Kulluk's impact on ambient air was defeated pursuant to Resisting Environmental Destruction on Indigenous Lands, REDOIL v. EPA.
City Of Livingston V. Park Conservation District,
2013
The University of Montana School of Law
City Of Livingston V. Park Conservation District, Graham Coppes
Public Land and Resources Law Review
On appeal from the Park County District Court, the Montana Supreme Court upheld the Park Conservation District’s designation of a channel of the Yellowstone River near the City of Livingston as part of the natural course of the river as reasonable and worthy of judicial deference, even though the record demonstrated that the channel had been continuously used as an irrigation conveyance system and local parties had historically referenced the stream with inconsistent characterizations. Looking ahead, this decision illustrates the Court’s strong deference to the resolutions and statutory interpretations of the state’s local conservation districts. To a ...
Plans Are Not Enough,
2013
Touro College Jacob D. Fuchsberg Law Center
Plans Are Not Enough, Michael Lewyn
Michael E Lewyn
Some commentators see comprehensive municipal plans as a remedy for suburban sprawl. But in fact, a plan can be used to promote sprawl as well as to prevent sprawl.
Environmental Law At Maryland, No. 35, Fall 2013,
2013
University of Maryland Francis King Carey School of Law
Environmental Law At Maryland, No. 35, Fall 2013
Environmental Law at Maryland
No abstract provided.
How Behavioral Economics Trims Its Sails And Why,
2013
NELLCO
How Behavioral Economics Trims Its Sails And Why, Ryan Bubb, Richard Pildes
New York University Law and Economics Working Papers
This article argues that the preference of behavioral law and economics (BLE) for regulatory approaches that preserve “freedom of choice” has led to incomplete policy analysis and ineffective policy. BLE has been broadly regarded as among the most promising new developments in public policymaking theory and practice. As social science, BLE offers hope that better understanding of actual human behavior will provide a sounder foundation for the design of regulation. As politics, BLE offers a possible political consensus built around minimalist forms of government action commonly known as nudges that preserve freedom of choice. But these two seductive dimensions of ...
Environmental And Energy Law Perspectives: Fall 2013,
2013
George Washington University Law School
Environmental And Energy Law Perspectives: Fall 2013, Environmental And Energy Law Program
Environmental and Energy Law Perspectives
No abstract provided.
The Limits Of Business Case Logic: A Case Study Of Climate Friendly Banks,
2013
BLR
The Limits Of Business Case Logic: A Case Study Of Climate Friendly Banks, Megan Bowman
University of New South Wales Faculty of Law Research Series 2013
This article examines whether and to what extent business case-induced voluntary corporate change can facilitate broader societal change. It does so through analysis of an empirical case study: banks and climate change. Specifically, it investigates whether it is prudent to put our faith in purely voluntary action as the mode by which banks assist timely transition to a low-carbon economy when such action is borne of business case logic. In so doing, this article provides practical insights into the limits of self-regulation, and contributes to the broader intellectual debate about self-regulation versus government intervention.
Emissions Trading: A Policy Option For Fighting Climate Change In Africa,
2013
Western University
Emissions Trading: A Policy Option For Fighting Climate Change In Africa, Gbenga Akinwande
University of Western Ontario - Electronic Thesis and Dissertation Repository
This thesis shows how an emissions trading scheme can help African countries contribute to the goal of stabilizing the concentration of greenhouse gases in the atmosphere. This is done through an assessment of the gaps in Africa’s climate change mitigation policy architecture and the potential benefits of emissions trading as a policy instrument—including lessons learned from emissions trading schemes implemented in the US, the EU, New Zealand, and Chile. The thesis concludes that adopting an emissions trading scheme as a policy instrument in Africa could potentially close the gaps in its policy architecture.
Program -- Water Law In The West: A Panel Discussion With Patricia Mulroy,
2013
University of Nevada, Las Vegas -- William S. Boyd School of Law
Program -- Water Law In The West: A Panel Discussion With Patricia Mulroy, University Of Nevada, Las Vegas -- William S. Boyd School Of Law, Saltman Center For Conflict Resolution, University Of Nevada, Las Vegas -- William S. Boyd School Of Law
Water Law in the West: A Panel Discussion with Patricia Mulroy
No abstract provided.
Ggu Law Clinics 20th Anniversary Celebration,
2013
Golden Gate University School of Law
Ggu Law Clinics 20th Anniversary Celebration, Rachel A. Van Cleave, Hon. Thelton E. Henderson, Wahleah Johns, Hon. Donna M. Ryu, Helen H. Kang, Hina B. Shah
GGU Law Clinics 20th Anniversary Celebration
Please see the list of 20th Anniversary Donors attached.
