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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.


Ten Good Practices In Environmental Constitutionalism That Can Contribute To Sustainable Shale Gas Development, James R. May, Erin Daly 2016 Widener Law

Ten Good Practices In Environmental Constitutionalism That Can Contribute To Sustainable Shale Gas Development, James R. May, Erin Daly

James R. May

Unconventional shale gas development is occurring at a breakneck pace, principally in North America, with vast reserves elsewhere. This development has placed new and unorthodox stresses on traditional environmental governance paradigms. Environmental constitutionalism offers an additional tool for engaging in sustainable practices in the development of shale gas. We identify ten ‘good practices’ in environmental constitutionalism including: situating it in systems amenable to social, economic and cultural rights, and those with civil law traditions; clearly articulating a positive individual or collective right; making provisions self-executing; aligning substantive, policy-based and procedural provisions; recognizing sustainability, public trust, climate and biocentrism; scaffolding additional ...


Climate Change Law And Policy In The European Union, Sanja Bogojevic 2016 Lund University

Climate Change Law And Policy In The European Union, Sanja Bogojevic

Sanja Bogojević

No abstract provided.


Drought And California's Role In The Colorado River Compact, Ciara Dineen 2016 Notre Dame Law School

Drought And California's Role In The Colorado River Compact, Ciara Dineen

Journal of Legislation

No abstract provided.


Passage And Flow Considered Anew: Wild Salmon Restoration Via Hydro Relicensing, Paul Stanton Kibel 2016 Alexander Blewett III School of Law at the University of Montana

Passage And Flow Considered Anew: Wild Salmon Restoration Via Hydro Relicensing, Paul Stanton Kibel

Public Land and Resources Law Review

No abstract provided.


“Salmon Is Culture, And Culture Is Salmon”: Reexamining The Implied Right To Habitat Protection As A Tool For Cultural And Ecological Preservation, Wesley J. Furlong 2016 Alexander Blewett III School of Law at the University of Montana

“Salmon Is Culture, And Culture Is Salmon”: Reexamining The Implied Right To Habitat Protection As A Tool For Cultural And Ecological Preservation, Wesley J. Furlong

Public Land and Resources Law Review

No abstract provided.


A Sacred Responsibility: Governing The Use Of Water And Related Resources In The International Columbia Basin Through The Prism Of Tribes And First Nations, Matthew J. McKinney, Richard Kyle Paisley, Molly Smith Stenovec 2016 Alexander Blewett III School of Law at the University of Montana

A Sacred Responsibility: Governing The Use Of Water And Related Resources In The International Columbia Basin Through The Prism Of Tribes And First Nations, Matthew J. Mckinney, Richard Kyle Paisley, Molly Smith Stenovec

Public Land and Resources Law Review

In the fall of 2012, leaders from Columbia Basin First Nations and tribes participated, along with about 150 other people, in the 4th transboundary symposium convened by the Universities Consortium on Columbia River Governance. Gathered on the shores of Flathead Lake in Polson, Montana, the participants explored the interests, rights, roles, and responsibilities of indigenous people in the international Columbia River Basin. This symposium generated two notable outcomes: first, The Columbia River Basin: A Sense of the Future—a synthesis of interests and concerns with regard to the future of the transboundary river basin as captured by the Universities Consortium ...


Greenwashing The Trans-Pacific Partnership: Fossil Fuels, The Environment, And Climate Change, Matthew Rimmer 2016 Selected Works

Greenwashing The Trans-Pacific Partnership: Fossil Fuels, The Environment, And Climate Change, Matthew Rimmer

Matthew Rimmer

There has been much controversy over the Trans-Pacific Partnership (TPP) – a plurilateral trade agreement involving a dozen nations from throughout the Pacific Rim – and its impact upon the environment, biodiversity, and climate change.

The secretive treaty negotiations involve Australia and New Zealand; countries from South East Asia such as Brunei Darussalam, Malaysia, Singapore, Vietnam, and Japan; the South American nations of Peru and Chile; and the members of the 1994 North American Free Trade Agreement (NAFTA), Canada, Mexico and the United States. There was an agreement reached between the parties in October 2015. The participants asserted: ‘We expect this historic ...


Trouble On The High Seas: A Need For Change In The Wake Of Australia V. Japan, Matt DiCenso 2016 Boston College Law School

Trouble On The High Seas: A Need For Change In The Wake Of Australia V. Japan, Matt Dicenso

Boston College International and Comparative Law Review

On March 31, 2014, the International Court of Justice (ICJ) held that Japan’s whaling program, known as JARPA II, lacked scientific merit and thus violated three provisions of the Schedule to the International Convention for the Regulation of Whaling (ICRW). This victory for whale conservationists was short-lived, however, as Japan, ignoring procedural safeguards put in place by the International Whaling Commission (IWC), soon announced its plan to launch a new whaling program in conformity with both the ICJ’s decision and the ICRW. Japan’s course of action highlights not only the limited applicability of the ICJ’s judgment ...


Agriculture And Water Quality Improvement, Lee A. Christensen, John A. Miranowski 2016 Iowa State University

Agriculture And Water Quality Improvement, Lee A. Christensen, John A. Miranowski

John Miranowski

The symposium "Agricultural and Water Quality Improvements; What are the Implementation Costs and Policy Issues?" was organized to establish what is known and to identify additional research needs. The major impetus for action on agricultural nonpoint source pollution problems comes from Section 208 of the Federal Water Pollution Control Amendments of 1972 and the Rural Clean Water Program. Public programs involving large expenditures from both public and private sources are being implemented and require economic research and analysis...


"Turning Point": The Foundering Of Environmental Law And Policy In Indiana?, Robert F. Blomquist 2016 Valparaiso University

"Turning Point": The Foundering Of Environmental Law And Policy In Indiana?, Robert F. Blomquist

Robert F. Blomquist

No abstract provided.


In Search Of Accountability: The Legislative Re-Invention Of Environmental Law And Policy In Indiana, Robert F. Blomquist 2016 Valparaiso University

In Search Of Accountability: The Legislative Re-Invention Of Environmental Law And Policy In Indiana, Robert F. Blomquist

Robert F. Blomquist

No abstract provided.


Unearthed: Advocating Against Fracking And Breaking The Bond Of The Imagined World Order, Colleen E. Cloonan 2016 Salve Regina University

Unearthed: Advocating Against Fracking And Breaking The Bond Of The Imagined World Order, Colleen E. Cloonan

ENV 434 Environmental Justice

While discussing the imagined world order, it is evident that the world is not perfect. Over the course of the centuries, the earth has been maimed by humans, whether it be during the agricultural age or throughout the process of industrialization into the modern era. Humans must realize that sooner, rather than later, we must address the environmental destruction we are causing. A specific case, with that such as hydraulic fracturing of shale, otherwise known as fracking, provides as an example of one of the environmental justice issues that is plaguing the earth. However, there are complications. In the consumer ...


Hydroelectric Dams: The Lao Government's Luxury Trap, M.K. Laurel 2016 Salve Regina University

Hydroelectric Dams: The Lao Government's Luxury Trap, M.K. Laurel

ENV 434 Environmental Justice

The research of the Lao government, its hydroelectric dams, and its responses to its project was done through an environmental justice lens. It is an interdisciplinary research that explores the political corruption, the role of media, and the environment in order to frame the Lao government and the reasoning behind their unjust activities.


Protection Of The Marine Environment Under International Law And Kuwaiti Criminal Law, Yousef H. Almutairi 2016 Pace University School of Law

Protection Of The Marine Environment Under International Law And Kuwaiti Criminal Law, Yousef H. Almutairi

Dissertations & Theses

The marine environment has unique characteristics that distinguish it from other elements of nature. Since seas and oceans cover more than two-thirds of the earth, they play a vital role in achieving biological and climatic balance on the planet. The marine environment also plays an important role in human life, since it has plenty of nutritious and industrial resources that directly affect human welfare. It also contains huge amounts of oil and natural gas, which has played a role in the economic prosperity of the world. Moreover, seas are considered a source of freshwater through resorting to desalination of seawater ...


Reforming Oil And Natural Gas Severance Taxation As A Means Of Strengthening Rural Tennessee, Erica Davis 2016 University of Tennessee, Knoxville

Reforming Oil And Natural Gas Severance Taxation As A Means Of Strengthening Rural Tennessee, Erica Davis

University of Tennessee Honors Thesis Projects

No abstract provided.


Environmental Law Jurisprudence And Associate Justice Antonin Scalia's Legacy, James R. May 2016 Widener Law

Environmental Law Jurisprudence And Associate Justice Antonin Scalia's Legacy, James R. May

James R. May

Associate Justice Antonin Scalia left a long and indelible jurisprudential shadow on environmental law. Over his nearly 30 years on the bench, the former professor of administrative law shaped—sometimes single-handedly—a multitude of areas that serve as stock-and-trade of environmental, energy, and natural resources lawyering across the nation. This article focuses on standing, takings, and deference to environmental agency rulemaking.


Assessing Greenhouse Gas Emissions In The Oil Sands: Legislative Or Administrative (In)Action?, Mark Friedman 2016 Osgoode Hall Law School

Assessing Greenhouse Gas Emissions In The Oil Sands: Legislative Or Administrative (In)Action?, Mark Friedman

Western Journal of Legal Studies

The development of the oil sands in Alberta has become a focal point in Canada’s response to global climate change. Before an oil sands project can proceed, it must first undergo environmental assessment. This process frequently engages both provincial and federal environmental assessment legislation, which are implemented by administrative tribunals. The purpose of the paper is two-fold: firstly, to determine whether environmental assessment legislation provides regulators with the tools to assess the impact of an oil sands project's greenhouse gas emissions on the environment, and secondly, to examine how tribunals have been enforcing those standards during assessments. This ...


Distribution To Undo Excess: The Ninth Circuit Looks To An Equitable Approach To Apportion The Costs Of Environmental Cleanup In Ameripride Services Inc. V. Texas Eastern Overseas Inc., Sean A. Feener 2016 Boston College Law School

Distribution To Undo Excess: The Ninth Circuit Looks To An Equitable Approach To Apportion The Costs Of Environmental Cleanup In Ameripride Services Inc. V. Texas Eastern Overseas Inc., Sean A. Feener

Boston College Law Review

On April 2, 2015, in AmeriPride Services Inc. v. Texas Eastern Overseas Inc., the U.S. Court of Appeals for the Ninth Circuit joined the U.S. Court of Appeals for the First Circuit in holding that district courts are not bound to a single method of distributing response costs in contribution actions under § 9613(f) of the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”). The First and Ninth Circuits have held that courts may allocate such costs according to the most equitable method as long as it is consistent with the language and the purposes of CERCLA. The ...


Investing In The Future: Norway, Climate Change, And Fossil Fuel Divestment, Matthew Rimmer 2016 Queensland University of Technology

Investing In The Future: Norway, Climate Change, And Fossil Fuel Divestment, Matthew Rimmer

Matthew Rimmer

The fossil fuel divestment movement has undergone explosive growth over the last few years - expanding from encouraging educational institutions to adopt ethical investment policies to focusing upon cities, pension funds and philanthropic charities. The fossil fuel divestment movement has attained global ambitions - challenging sovereign wealth funds and national governments to engage in fossil fuel divestment, and pushing for fossil fuel divestment at international climate talks - such as the Paris Climate Summit in 2015.

By exploring and analysing a key campaign to 'Divest Norway', this chapter considers the efforts to globalise and internationalise the fossil fuel divestment campaign. Part 1 explores ...


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