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All Articles in Environmental Law

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Book Review: Storms Of My Grandchildren: The Truth About The Coming Climate Catastrophe And Our Last Chance To Save Humanity, Lauren Trevisan 2010 American University Washington College of Law

Book Review: Storms Of My Grandchildren: The Truth About The Coming Climate Catastrophe And Our Last Chance To Save Humanity, Lauren Trevisan

Sustainable Development Law & Policy

No abstract provided.


Using Redd To Promote Biodiversity-Sensitive Forest Fire Management Schemes, Alex Hoover 2010 American University Washington College of Law

Using Redd To Promote Biodiversity-Sensitive Forest Fire Management Schemes, Alex Hoover

Sustainable Development Law & Policy

No abstract provided.


Volume 10 Issue 4 Journal Du Droit Et Politique Du Développement Durable (French Edition), Sustainable Development Law & Policy 2010 American University Washington College of Law

Volume 10 Issue 4 Journal Du Droit Et Politique Du Développement Durable (French Edition), Sustainable Development Law & Policy

Sustainable Development Law & Policy

No abstract provided.


Bundling Public And Private Goods: The Market For Sustainable Organics, Margot J. Pollans 2010 Elisabeth Haub School of Law at Pace University

Bundling Public And Private Goods: The Market For Sustainable Organics, Margot J. Pollans

Pace Law Faculty Publications

Modern agriculture has vast environmental externalities. The pesticides, fertilizers, and sediments in irrigation runoff pollute surface and groundwater; single-crop farms destroy biodiversity; and massive amounts of fossil fuels are burned in agricultural production, post-harvest processing, and shipping. Nevertheless, farming operations have largely escaped the post-1970 expansion of federal environmental regulation. Compounding the problem, federal farm policy has encouraged the very farming practices that most cause this degradation.

In 1990, Congress passed the Organic Foods Production Act (OFPA), which created an organic food certification and labeling system. While OFPA's primary purposes are to facilitate the growth of the organic sector ...


The Olympic Games And The Triple Bottom Line Of Sustainability: Opportunities And Challenges, Joseph Weiler, Arun Mohan 2010 Allard School of Law at the University of British Columbia

The Olympic Games And The Triple Bottom Line Of Sustainability: Opportunities And Challenges, Joseph Weiler, Arun Mohan

Faculty Publications

Growing public expectations that the Olympic Movement and Olympic Host City Organizing Committees be socially, environmentally and economically responsible has made a commitment to integrate sustainability principles and practices a common theme in the bids of cities competing to host the Games. To understand the growing role of sustainability as an Olympic theme, the authors trace the evolution of the sustainability aspirations of the Olympic Movement by looking at the key Olympic Games and bids in this process. The authors determine that unlocking the potential of the Olympic Games to use sport to attract new audiences to sustainable living cannot ...


An Overview Of Tsca, Its History And Key Underlying Assumptions, And Its Place In Environmental Regulation, David Markell 2010 Florida State University College of Law

An Overview Of Tsca, Its History And Key Underlying Assumptions, And Its Place In Environmental Regulation, David Markell

Scholarly Publications

No abstract provided.


The Role Of Citizen Spotlighting Procedures In Promoting Citizen Participation, Transparency, And Accountability, David Markell 2010 Florida State University College of Law

The Role Of Citizen Spotlighting Procedures In Promoting Citizen Participation, Transparency, And Accountability, David Markell

Scholarly Publications

No abstract provided.


An Empirical Survey Of Climate Change Litigation In The United States, David Markell, J. B. Ruhl 2010 Florida State University College of Law

An Empirical Survey Of Climate Change Litigation In The United States, David Markell, J. B. Ruhl

Scholarly Publications

A quickly growing number of commentators have suggested that the U.S. courts are already significant drivers of climate change policy, and that their role is likely to increase. In addition to fashioning law on their own, judicial decisions have significant implications for the work of the other branches of government. This Article provides a chronicling of every climate change case filed through December 31, 2009 (more than 130 such cases). It presents basic information about the cases, e.g., the types of cases, where they have been brought, the types of parties involved, and the outcomes. It also analyzes ...


Regulatory Adaptation In Fractured Appalachia, Hannah J. Wiseman 2010 Florida State University College of Law

Regulatory Adaptation In Fractured Appalachia, Hannah J. Wiseman

Scholarly Publications

America faces a growing energy challenge. We require energy for our every activity, yet we increasingly recognize that there are no easy energy solutions. Reliance upon traditional fossil fuels – many of them imported – jeopardizes our national security and releases harmful emissions, yet renewable energy technologies require high capital investments and have environmental impacts of their own. As we address this challenge and move toward a more sustainable energy future, “bridge fuels” like domestically-produced natural gas offer a near-term compromise between renewables and traditional fossil fuels. A growing quantity of bridge fuel in the form of domestic natural gas is produced ...


The Market For Treaties, Natasha Affolder 2010 Allard School of Law at the University of British Columbia

The Market For Treaties, Natasha Affolder

Faculty Publications

Corporations are consumers of treaty law. In this article, I empirically examine three biodiversity treaty regimes - the Convention on Biological Diversity, Ramsar Convention, and World Heritage Convention - to demonstrate that corporations implement or internalize treaty norms in a variety of ways that are not captured by the dominant model of treaty implementation – national implementation. As an exegetical model, I explore how corporations use biodiversity treaties as a source of private environmental standards. I focus on the interactions between mining and oil and gas companies and biodiversity treaties, as revealed through transactional documents, corporate reports, security law filings, and treaty secretariat ...


Rethinking Environmental Contracting, Natasha Affolder 2010 Allard School of Law at the University of British Columbia

Rethinking Environmental Contracting, Natasha Affolder

Faculty Publications

Environmental contracts occupy an ill-defined middle ground between command and control regulation and voluntary initiatives. These agreements have captured the imagination of policymakers and scholars in the U.S. and Europe in particular. They are heralded as promising examples of “new governance.” This Article explores a little known example of environmental contracting which emerged in the context of a Canadian diamond mine — the Ekati Environmental Agreement. Through a fine-grained case study of the Ekati Agreement, this article challenges some of the assumptions that shape the “environmental contracting literature as well as the wider literature on “new governance.” By debunking the ...


Burnham, Water, And The Plan Of Chicago: A Historical Explanation Of Why Water Was Ignored And The Consequences Of Ignoring Water, 43 J. Marshall L. Rev. 413 (2010), Virginia M. Harding 2010 John Marshall Law School

Burnham, Water, And The Plan Of Chicago: A Historical Explanation Of Why Water Was Ignored And The Consequences Of Ignoring Water, 43 J. Marshall L. Rev. 413 (2010), Virginia M. Harding

The John Marshall Law Review

No abstract provided.


Rainwater Recapture: Development Regulations Promoting Water Conservation, 43 J. Marshall L. Rev. 359 (2010), Julian Conrad Juergensmeyer 2010 John Marshall Law School

Rainwater Recapture: Development Regulations Promoting Water Conservation, 43 J. Marshall L. Rev. 359 (2010), Julian Conrad Juergensmeyer

The John Marshall Law Review

No abstract provided.


East Going West?: The Promise Of Assured Supply Laws In Modern Real Estate Development, 43 J. Marshall L. Rev. 319 (2010), Lincoln L. Davies 2010 John Marshall Law School

East Going West?: The Promise Of Assured Supply Laws In Modern Real Estate Development, 43 J. Marshall L. Rev. 319 (2010), Lincoln L. Davies

The John Marshall Law Review

No abstract provided.


The Debate On Environmentally Motivated Unilateral Trade Measures In The World Trade Organization: The Way Forward, Teshager Worku Dagne 2010 University of Dalhousie

The Debate On Environmentally Motivated Unilateral Trade Measures In The World Trade Organization: The Way Forward, Teshager Worku Dagne

Washington University Global Studies Law Review

This Article analyzes and critically examines the various approaches to resolving the trade and environment conflict in the WTO, with specific regard to the regulation of unilateral trade measures. Part II describes the various approaches by WTO Members to the reconciliation of the two regimes. Part III discusses the responses to the various approaches. An appraisal is made from the perspective adopted by the paper in Parts IV through VI, and finally conclusions are drawn.


Qualitative, Quantitative, And Integrative Conservation, Jamison E. Colburn 2010 Penn State University

Qualitative, Quantitative, And Integrative Conservation, Jamison E. Colburn

Washington University Journal of Law & Policy

Professor James E. Colburn's article illustrates the barriers to carrying biodiversity conservation into the twenty-first century. His probing article demonstrates the truth of the first book of Genesis, that new knowledge can be a mixed blessing. Using as examples the critical habitat designation for the Canadian Lynx and the listing of the Polar Bear as a threatened species, Professor Colburn argues that we lack the institutional capacity to apply scientific advances when making conservation decisions. The tragedy of modern biology is that the more risk information we have (and are required to try and assemble), "the less certain we ...


A Cautiously Pessimistic Appraisal Of Trends In Toxics Regulation, David E. Adelman 2010 University of Texas, Austin, Texas

A Cautiously Pessimistic Appraisal Of Trends In Toxics Regulation, David E. Adelman

Washington University Journal of Law & Policy

This Article will draw on the one-hundred year history of drug regulation, which represents the most stringent regulatory system for chemicals of any kind. An examination of this broader experience exposes several commonalities and tradeoffs inherent in chemical regulation. It also offers a comparative perspective on the strategies used in the regulation of chemicals that suggests an upper limit for the stringency of regulation that is politically and scientifically viable. Two important insights emerge from this comparative analysis: (1) the ex ante-ex post dichotomy that is often drawn between common law and statutory law is overstated—if not simply false ...


The National Environmental Policy Act: A Review Of Its Experience And Problems, Daniel R. Mandelker 2010 Washington University School of Law

The National Environmental Policy Act: A Review Of Its Experience And Problems, Daniel R. Mandelker

Washington University Journal of Law & Policy

The National Environmental Policy Act (“NEPA”), the Magna Carta of environmental law, requires all federal agencies to evaluate the environmental impacts of their actions, a duty that extends to state, local, and private entities when a federal link is present. This Article looks at major elements in NEPA's implementation and the major contributions NEPA has made to environmental analysis. It reviews strengths and weaknesses and suggests where improvement can occur as NEPA moves forward as a protector of environmental values. The Article's focus is on encouraging agencies to take a wider view of the environmental impacts they consider ...


Making The Connection: Nepa Processes For National Environmental Policy, Ted Boling 2010 Council on Environmental Quality

Making The Connection: Nepa Processes For National Environmental Policy, Ted Boling

Washington University Journal of Law & Policy

The goals of NEPA‘s sponsors were transformational: to integrate environmental protection and sustainable development considerations into all decisions made regarding federal agency action. NEPA section 102(2) contains action-forcing provisions that provide authority and mandates to translate this transformational policy into action. Part I of this Article reviews NEPA‘s provisions implementing this transformation mandate. Part II evaluates those purposes against the current state of NEPA implementation. Part III concludes with proposals for improving the promotion of actions that (1) prevent or eliminate environmental damage; (2) stimulate health and welfare; and (3) increase understanding of the relationship between personal ...


An Overview Of Tsca, Its History And Key Underlying Assumptions, And Its Place In Environmental Regulation, David Markell 2010 Florida State University

An Overview Of Tsca, Its History And Key Underlying Assumptions, And Its Place In Environmental Regulation, David Markell

Washington University Journal of Law & Policy

The United States has enacted an alphabet soup of laws during the past forty years to try to reduce risks that the manufacture, use, and/or disposal of toxic substances pose to our environment and to human health. One of the important early books about toxic substances, The Dilemma of Toxic Substances Regulation, suggests that this growth in government regulation has "radically transform[ed] the economic roles of government and business as well as relations between them." As one might expect, there has been an enormous amount of debate concerning the nature, extent, and adequacy of this transformation. Two overarching ...


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