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Oil And Water: Easements And The Environment, McKay Cunningham 2011 Concordia University School of Law

Oil And Water: Easements And The Environment, Mckay Cunningham

Faculty Scholarship

The age of American environmentalism has arrived. Surveys show widespread public support for preservation policies, open spaces, and natural parks, while reflecting popular disdain for new development of wild lands. Federal and state governments have reacted to public sentiment by adding acreage to national preserves, increasing the budget for agencies tasked with preservation, and by enacting and enforcing pollution laws and regulations.

Despite popular support and government-initiated efforts, forty million acres of land – larger than the state of Florida – were newly developed between 1992 and 2007. This paper addresses the historic and deeply rooted pro-development policy informing American property law ...


Is Precautionary Regulation A Civil Law Instrument? Lessons From The History Of The Alkali Act, Noga Morag-Levine 2011 Michigan State University College of Law

Is Precautionary Regulation A Civil Law Instrument? Lessons From The History Of The Alkali Act, Noga Morag-Levine

Faculty Publications

No abstract provided.


Too Big To Obey: Why Bp Should Be Debarred, Rena I. Steinzor 2011 University of Maryland Francis King Carey School of Law

Too Big To Obey: Why Bp Should Be Debarred, Rena I. Steinzor

Faculty Scholarship

No abstract provided.


How Much Should China Pollute?, John C. Nagle 2011 Notre Dame Law School

How Much Should China Pollute?, John C. Nagle

Journal Articles

The debate concerning how much China should pollute is at the heart of international negotiations regarding climate change and environmental protection more generally. China is the world’s leading polluter and leading emitter of greenhouse gases. It insists that it has a right to emit as much as it wants in the future. China interprets the principle of “common but differentiated responsibilities” to mean that China has a responsibility to help avoid the harmful consequences associated with climate change, but that its responsibility is different from that imposed on the United States and the rest of the developed world. In ...


Solar Rights For Texas Property Owners, Sara Bronin 2011 University of Connecticut School of Law

Solar Rights For Texas Property Owners, Sara Bronin

Faculty Articles and Papers

In response to Jamie France's note, "A Proposed Solar Access Law for the State of Texas," Professor Bronin urges future commentators to focus on three additional areas of inquiry related to proposed solar rights regimes. Bronin argues that such proposals would be strengthened by discussion of potential legal challenges to the proposals, related political issues, and renewable energy microgrids.Ms. France’s proposal for the State of Texas includes the elimination of preexisting private property restrictions that negatively affect solar access. Bronin argues that this proposal would be strengthened by a discussion of potential challenges under federal and state ...


The Logic And Limits Of Environmental Criminal Law In The Global Setting: Brazil And The United States--Comparisons, Contrasts, And Questions In Search Of A Robust Theory, Robert F. Blomquist 2011 Valparaiso University School of Law

The Logic And Limits Of Environmental Criminal Law In The Global Setting: Brazil And The United States--Comparisons, Contrasts, And Questions In Search Of A Robust Theory, Robert F. Blomquist

Law Faculty Publications

Strict but arguably unfair and counterproductive systems of criminal environmental law and enforcement exist in both the United States and Brazll in the twenty-first century. In order to create a sovereignty dividend encompassing the rule of law and evenhanded administrative control in the competitive global setting, both countries should rethink and reform their respective systems of environmental criminal law by seeking answers to several questions of legal philosophy in search of a robust theory.


Strategic Spillovers, Daniel B. Kelly 2011 Notre Dame Law School

Strategic Spillovers, Daniel B. Kelly

Journal Articles

The conventional problem with externalities is well known: Parties often generate harm as an unintended byproduct of using their property. This Article examines situations in which parties may generate harm purposely, in order to extract payments in exchange for desisting. Such “strategic spillovers” have received relatively little attention, but the problem is a perennial one. From the “livery stable scam” in Chicago to “pollution entrepreneurs” in China, parties may engage in externality-generating activities they otherwise would not have undertaken, or increase the level of harm given that they are engaging in such activities, to profit through bargaining or subsidies. This ...


Protecting Pocahontas's World: The Mattaponi Tribe's Struggle Against Virginia's King William Reservoir Project, Allison M. Dussias 2011 New England Law

Protecting Pocahontas's World: The Mattaponi Tribe's Struggle Against Virginia's King William Reservoir Project, Allison M. Dussias

American Indian Law Review

No abstract provided.


Environmental Law, Eleventh Circuit Review, Travis M. Trimble 2011 University of Georgia

Environmental Law, Eleventh Circuit Review, Travis M. Trimble

Scholarly Works

Relatively few environmental cases were decided in the United States Court of Appeals for the Eleventh Circuit in 2010. The court decided a case holding that the portion of the Omnibus Appropriations Act of 2009, which funded a mile-long bridge in the Everglades, repealed the National Environmental Policy Act of 1969, Endangered Species Act, and other environmental laws to the extent they applied to the construction project. Additionally, the court decided that the leadbased paint hazard warning required to be included in residential leases pursuant to the Residential Lead-Based Paint Hazard Reduction Act had to be reproduced in such leases ...


Private Rights In Public Lands: The Chicago Lakefront, Montgomery Ward, And The Public Dedication Doctrine, Joseph D. Kearney, Thomas W. Merrill 2011 Columbia Law School

Private Rights In Public Lands: The Chicago Lakefront, Montgomery Ward, And The Public Dedication Doctrine, Joseph D. Kearney, Thomas W. Merrill

Faculty Scholarship

When one thinks of how the law protects public rights in open spaces, the public trust doctrine comes to mind. This is especially true in Chicago. The modem public trust doctrine was born in the landmark decision in Illinois Central Railroad Co. v. Illinois,' growing out of struggles over the use of land along the margin of Lake Michigan in that city.2 Yet Chicago's premier park-Grant Park, sitting on that land in the center of downtown Chicago-owes its existence to a different legal doctrine. This other doctrine, developed by American courts in the nineteenth century, holds that owners ...


Park Access And Distributional Inequities In Pinellas County, Florida, Kyle Ray Hirvela 2011 University of South Florida

Park Access And Distributional Inequities In Pinellas County, Florida, Kyle Ray Hirvela

Graduate Theses and Dissertations

Although environmental justice research has traditionally focused on environmental disamenities and health hazards, recent studies have begun to examine social inequities in the distribution of urban amenities such as street trees and parks that provide several direct and indirect health benefits to local residents. This thesis adds to this knowledge by evaluating distributional inequities in both distribution and access to parks in Pinellas County, the most densely populated and one of the most racially segregated counties in Florida. An important objective was to determine if neighborhoods with lower levels of park access are more likely to contain a significantly higher ...


Black Carbon: The Most Important Ignored Contributor To Climate Change, Kate DeAngelis 2011 University of Maryland Francis King Carey School of Law

Black Carbon: The Most Important Ignored Contributor To Climate Change, Kate Deangelis

Maryland Journal of International Law

No abstract provided.


A Decade Of Uncertainty: Precon, Leaked Guidance, And Where To Go From Here?, Kim Diana Connolly 2011 University at Buffalo School of Law

A Decade Of Uncertainty: Precon, Leaked Guidance, And Where To Go From Here?, Kim Diana Connolly

Journal Articles

No abstract provided.


Conservation Easements At The Climate Change Crossroads, Jessica Owley 2011 University at Buffalo School of Law

Conservation Easements At The Climate Change Crossroads, Jessica Owley

Journal Articles

The essence of a conservation easement as a static perpetual restriction is coming to a head with the understanding that the world is a changing place. This demonstration is nowhere more dramatic than in the context of global climate change. In response to this conflict, users of conservation easements face the decision of either (1) changing conservation easement agreements to fit the landscape or (2) changing the landscape to fit the conservation easements. Both of these options present benefits and challenges in implementation. Where conservation easement holders’ ultimate goal is to keep a maximum number of acres under protection from ...


From Global To Polycentric Climate Governance, Daniel H. Cole 2011 Indiana University Maurer School of Law

From Global To Polycentric Climate Governance, Daniel H. Cole

Articles by Maurer Faculty

Global governance institutions for climate change, such as those established by the United Nations Framework Convention on Climate Change and the Kyoto Protocol, have so far failed to make a significant impact on greenhouse gas emissions. Following the lead of Elinor Ostrom, this paper offers an alternative theoretical framework for reconstructing global climate policy in accordance with the polycentric approach to governance pioneered in the early 1960s by Vincent Ostrom, Charles Tiebout, and Robert Warren. Instead of a thoroughly top-down global regime, in which lower levels of government simply carry out the mandates of international negotiators, a polycentric approach provides ...


The Story Of Kleppe V. New Mexico: The Sagebrush Rebellion As Un-Cooperative Federalism, Robert L. Fischman, Jeremiah Williamson 2011 Indiana University Maurer School of Law

The Story Of Kleppe V. New Mexico: The Sagebrush Rebellion As Un-Cooperative Federalism, Robert L. Fischman, Jeremiah Williamson

Articles by Maurer Faculty

The story of Kleppe v. New Mexico dramatizes how assertion of federal power advancing national conservation objectives collided with traditional, local economic interests on public lands in the 1970s. This article connects that history with current approaches to natural resources federalism. New Mexico challenged the Wild Free-Roaming Horses and Burros Act, which diminished both state jurisdiction and rancher influence over public rangelands. In response, the Supreme Court resoundingly approved federal authority to reprioritize uses of the public resources, including wildlife, and spurred a lasting backlash in the West. Further legislation passed in the wake of Kleppe transformed this unrest into ...


Migration Conservation: A View From Above, Robert L. Fischman 2011 Indiana University Maurer School of Law

Migration Conservation: A View From Above, Robert L. Fischman

Articles by Maurer Faculty

The extinction prevention focus of natural resources policy diverts attention from important issues of ecological integrity and adaptation to climate change. Animal migration conservation serves as a bridge from the imperiled species problem to the more spatially and temporally difficult problems surrounding climate change adaptation. Conserving abundant animal migrations both strengthens the resilience of the ecosystems in which they function and tests the resilience of social institutions responsible for adaptation. This essay synthesizes the findings of a two-year, interdisciplinary study of animal migration conservation. It also introduces the articles that follow in a symposium issue of the journal, Environmental Law.


Beyond Trust Species: The Conservation Potential Of The National Wildlife Refuge System In The Wake Of Climate Change, Robert L. Fischman, Robert Adamcik 2011 Indiana University Maurer School of Law

Beyond Trust Species: The Conservation Potential Of The National Wildlife Refuge System In The Wake Of Climate Change, Robert L. Fischman, Robert Adamcik

Articles by Maurer Faculty

Over the last two decades, the U.S. Fish and Wildlife Service (“FWS”) has come to define its conservation mission in the context of species protection. The concept of “trust species” is now a common focal point for the myriad responsibilities of the FWS. This has become problematic for one of the major programs of the agency: management of the world’s largest biodiversity conservation network, the national wildlife refuge system (“NWRS”). A major legislative overhaul of the NWRS charter and the imperatives of climate change adaptation have weakened the concept as a reliable touchstone for NWRS management and expansion ...


The Curious Case Of Greening In Carbon Markets, James Salzman, William Boyd 2011 Duke Law School

The Curious Case Of Greening In Carbon Markets, James Salzman, William Boyd

Faculty Scholarship

Over the last several years, so-called carbon markets have
emerged around the world to facilitate trading in greenhouse gas
credits. This Article takes a close look at an unexpected and
unprecedented development in some of these markets—premium
“green” currencies have emerged and, in some cases, displaced
standard compliance currencies. Past experiences with other
environmental compliance markets, such as the sulfur dioxide and
wetlands mitigation markets, suggest the exact opposite should be
occurring. Indeed, buyers in such markets should only be interested in
buying compliance, not in the underlying environmental integrity of the
compliance unit. In some of the compliance ...


Overcoming The Impasse On Intellectual Property And Climate Change At The Unfccc: A Way Forward, Jerome H. Reichman, Ahmed Abdel Latif, Keith Maskus, Ruth Okediji, Pedro Roffe 2011 Duke Law School

Overcoming The Impasse On Intellectual Property And Climate Change At The Unfccc: A Way Forward, Jerome H. Reichman, Ahmed Abdel Latif, Keith Maskus, Ruth Okediji, Pedro Roffe

Faculty Scholarship

The global spotlight is once again focused on the challenges of climate change with the annual United Nations Framework Convention on Climate Change (UNFCCC) Conference of the Parties kicking off this week (November 28th–December 7th) in Durban, South Africa. With the international community looking to Durban for results, an important opportunity exists to address one of the most contentious – and misunderstood – issues in the climate change debate: the role of intellectual property rights in the production of and access to mitigation and adaptation technologies. The rapid development and diffusion of these technologies is a key component of the global ...


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