Open Access. Powered by Scholars. Published by Universities.®

Environmental Law Commons

Open Access. Powered by Scholars. Published by Universities.®

5,949 Full-Text Articles 4,562 Authors 1,870,861 Downloads 112 Institutions

All Articles in Environmental Law

Faceted Search

5,949 full-text articles. Page 1 of 98.

Promoting The Sustainability Of Biofuels In America: Looking To Brazil, Julia Johnson 2015 SelectedWorks

Promoting The Sustainability Of Biofuels In America: Looking To Brazil, Julia Johnson

Julia Johnson

This article explores the reasons why previous attempts at biofuels legislation in the United States have not been successful and focuses upon market-level incentives that drive consumer willingness to purchase biofuels. For the U.S.’s biofuels policies to be more effective, the nation must better employ consumer-side factors and devise policies around promoting biofuels’ ability to compete with conventional fuels. Consumer-side factors include biofuels’ accessibility and pricing, as well as the ease and attractiveness of purchasing alternative energy-powered vehicles. The U.S.’s initiatives have also neither been aggressive enough, nor sufficiently comprehensive, to enable the U.S. to ...


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 ...


Friends Of The Wild Swan V. Ashe, Hannah S. Cail 2014 The University of Montana School of Law

Friends Of The Wild Swan V. Ashe, Hannah S. Cail

Public Land and Resources Law Review

In Friends of the Wild Swan v. Ashe, the District Court of Montana reviews the reasonableness of the U.S. Fish and Wildlife Service’s delayed preparation of the Canada lynx recovery plan. Environmental organizations brought the action for declaratory and injunctive relief pursuant to the ESA and the APA. In applying the “TRAC factors” and the “rule of reason,” the U.S. District Court for the District of Montana held that the Service’s twelve-year delay was unreasonable. The court ordered the Service propose a schedule, which the court will set as firm after review.


Alliance For The Wild Rockies And Native Ecosystems Council V. Krueger, Nicholas R. VandenBos 2014 The University of Montana School of Law

Alliance For The Wild Rockies And Native Ecosystems Council V. Krueger, Nicholas R. Vandenbos

Public Land and Resources Law Review

Environmental plaintiffs demanded injunctions following U.S. Forest Service approval of two fuel reduction projects in the Gallatin National Forest, alleging, inter alia, ESA and NEPA violations. Although both projects had already been challenged in Salix v. United States Forest Serv., Plaintiffs in Alliance for the Wild Rockies alleged specific harms, allowing the court to create a new injunction standard for cases involving procedural, programmatic violation of the ESA. The new test harmonizes two conflicting lines of Ninth Circuit precedent.


Environmental Protection Agency V. Eme Homer City Generation L.P., Lindsey M. West 2014 The University of Montana School of Law

Environmental Protection Agency V. Eme Homer City Generation L.P., Lindsey M. West

Public Land and Resources Law Review

The U.S. Supreme Court determined the Environmental Protection Agency properly interpreted the “Good Neighbor Provision” of the Clean Air Act in adopting the Transport Rule. The Court found, contrary to the D.C. Circuit Court of Appeals decision to vacate the rule entirely, the EPA did not act arbitrarily and capriciously by integrating a cost-effective allocation of emission reductions or by disallowing states a second opportunity to file a State Implementation Plan before promulgating a Federal Implementation Plan.


Arrested Development: A Call For Feasible Market-Control Measures To Incentivize Alternative Fuel Innovation And Combat Global Climate Change, Michael DiGrande 2014 Golden Gate University School of Law

Arrested Development: A Call For Feasible Market-Control Measures To Incentivize Alternative Fuel Innovation And Combat Global Climate Change, Michael Digrande

Golden Gate University Law Review

This Comment examines the implementation and perceived effectiveness of measures like California’s LCFS (Low Carbon Fuel Standard). The following Parts explore the United States’ arrested development in implementing effective market-based measures to reduce GHGs, and how a market-based approach to incentivize fuel innovation is simply one facet in addressing the complex issue of global climate change. Part I addresses the science of global warming, identifying the immediate need to transition from an economy reliant on fossil fuels to one buoyed by the promise of new, zero-emission fuels. Part II provides background on how current notions of federalism shape environmental ...


International Trade Law And The U.S.-Eu Gmo Debate: Can Africa Weather This Storm?, Michelle K. McDonald 2014 University of Georgia School of Law

International Trade Law And The U.S.-Eu Gmo Debate: Can Africa Weather This Storm?, Michelle K. Mcdonald

Georgia Journal of International & Comparative Law

No abstract provided.


Powder River Basin Resource Council V. Wyoming Oil And Gas Conservation Commission, Lindsay M. Thane 2014 The University of Montana School of Law

Powder River Basin Resource Council V. Wyoming Oil And Gas Conservation Commission, Lindsay M. Thane

Public Land and Resources Law Review

The Wyoming Supreme Court reversed and remanded the district court’s decision that chemicals used in fracking are confidential “trade secrets” that do not need to be publicly disclosed. The Court ordered the district court to apply the WPRA, not the APA, as the standard of review, and to use the FOIA definition of “trade secrets.” The Court’s chosen definition will make it more difficult for companies to demonstrate that the chemicals they use should not be disclosed.


Global Warming Or Not: The Global Climate Is Changing And The United States Should Too, Christine Moran Sinclair 2014 University of Georgia School of Law

Global Warming Or Not: The Global Climate Is Changing And The United States Should Too, Christine Moran Sinclair

Georgia Journal of International & Comparative Law

No abstract provided.


A New Global Environmental Organization, Karen Tyler Farr 2014 University of Georgia School of Law

A New Global Environmental Organization, Karen Tyler Farr

Georgia Journal of International & Comparative Law

No abstract provided.


Sustaining An Unsustainable Fuel Source: How Lifecycle Greenhouse Gas Limitations Can Improve The Sustainability Of The Tar Oil Industry, Brittany DeBord 2014 SelectedWorks

Sustaining An Unsustainable Fuel Source: How Lifecycle Greenhouse Gas Limitations Can Improve The Sustainability Of The Tar Oil Industry, Brittany Debord

Brittany DeBord

The United States seeks to achieve energy security and self-sufficiency by acquiring energy from Canadian tar sands and promoting a domestic tar sands industry. However, support for this industry is inconsistent with the greenhouse gas reduction policies of the Energy Independence and Security Act and the North American Agreement on Environmental Cooperation, since tar oil extraction creates three times more carbon emissions than conventional oil extraction. Legislation limiting lifecycle greenhouse gas emissions has already been implemented through the Renewable Fuel Standard Program in response to concerns that plant-based fuel production leads to greater carbon emissions than intended. Since the lifecycle ...


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 ...


Constitution And Pollution: Federalism At Work, David R. Hodas 2014 Widener Law

Constitution And Pollution: Federalism At Work, David R. Hodas

David R. Hodas

No abstract provided.


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 ...


Digital Commons powered by bepress