Power To The People: Restoring The Public Voice In Environmental Law, 2015 The University of Akron
Power To The People: Restoring The Public Voice In Environmental Law, Albert C. Lin
Akron Law Review
Although the last forty years of environmental law have witnessed some successes, they have also increasingly revealed the limitations of existing laws and regulatory structures. Congress has been unable to pass substantial environmental legislation in recent years, notwithstanding widespread recognition of the need for better tools for responding to climate change, toxic chemicals, non-point source water pollution, and other problems. In addition, the Environmental Protection Agency (“EPA”) has struggled in the wake of limited resources and politicization to effectively use the tools it has, and its rulemaking processes are often dominated by industry and other repeat players. To deal with …
Aligning Regulation With The Informational Need: Ecosystem Services And The Next Generation Of Environmental Law, 2015 The University of Akron
Aligning Regulation With The Informational Need: Ecosystem Services And The Next Generation Of Environmental Law, Keith H. Hirokawa, Elizabeth J. Porter
Akron Law Review
This article explores the Clinch Coalition decision to understand why the court would perpetuate a process that systematically rejects the relevance and value of ecosystem processes in the information gathering exercise entailed in these environmental regulations. The discussion begins with an introduction to ecosystem services as a study of human dependency on the services provided by functioning ecosystems. In the second section, the article turns to the Clinch Coalition decision to outline the arguments relied upon by the court to legitimize the Forest Service’s decision to avoid an ecosystem services analysis. The article then presents the Clinch Coalition decision as …
Adaptive Management And The Future Of Environmental Law, 2015 The University of Akron
Adaptive Management And The Future Of Environmental Law, Eric Biber
Akron Law Review
Adaptive management is the new paradigm in environmental law. It is omnipresent in scholarship and management documents and is even starting to appear in court opinions. There have been many calls for environmental law to adapt itself to adaptive management by becoming more flexible and dynamic. But does adaptive management really warrant a revolution in environmental law? Or is it adaptive management that might need to adapt to the world of environmental law? There has been an abundance of scholarship on the strengths of adaptive management, making the case for changing environmental law to embrace adaptive management. But answering the …
Recovering From The Recovery Narrative: On Globalism, Green Jobs And Cyborg Civilization, 2015 The University of Akron
Recovering From The Recovery Narrative: On Globalism, Green Jobs And Cyborg Civilization, Michael Burger
Akron Law Review
In this Essay, I make a preliminary foray into this new narrative terrain, identifying several emerging legal storylines that have arisen in the wake of climate change disruptions and that I predict will prove influential in the coming years. In Part I, I discuss the ways in which new perceptions of scale are re-defining human beings’ attachments to a sense of “place” or “dwelling” and are shaping new attitudes about what constitutes the local, posing potential problems for existing federalism schemes. In Part II, I discuss the ways in which America’s long history of nationalizing nature manifests in the discourse …
Environmental Law And The Collapse Of New Deal Constitutionalism, 2015 The University of Akron
Environmental Law And The Collapse Of New Deal Constitutionalism, Arthur F. Mcevoy
Akron Law Review
This Article, which is a précis for a book in progress about the history of late twentieth-century U.S. environmental law, argues that our modern environmental law is peculiarly a creature of the New Deal. Despite its obvious legacy from common-law nuisance and Progressive regulation, what makes modern environmental law different from anything that came before is the way in which reformers built it out of parts copied from New Deal reform projects: cooperative federalism, the tax-and-spend power, representation-reinforcing, rights trumps, and so on. Environmental law’s history, its character, its accomplishments, and its shortcomings thus entwined with those of the New …
Replacing Sustainability, 2015 The University of Akron
Replacing Sustainability, Robin Kundis Craig, Melinda Harm Benson
Akron Law Review
This Article argues that, from a policy perspective, we must face the impossibility of even defining—let alone pursuing—a goal of “sustainability” in a world characterized by such extreme complexity, radical uncertainty, and discomfiting loss of stationarity. Instead, we need new policy directions and orientations that provide the necessary capacity to deal with these “wicked problems” in a meaningful and equitable way. The realities of current and emerging SES dynamics warrant a new set of tools and approaches to governance of those systems. Part II of this Article provides a brief history of sustainability and sustainable development, including corollary emphases on …
Symposium: The Next Generation Of Environmental And Natural Resources Law: What Has Changed In Forty Years And What Needs To Change As A Result, 2015 The University of Akron
Symposium: The Next Generation Of Environmental And Natural Resources Law: What Has Changed In Forty Years And What Needs To Change As A Result, Kalyani Robbins
Akron Law Review
Introduction to nine perspectives changing in the field of Environmental and Natural Resources Law. These discussions, and our shared concern for the issues that will impact the planet for centuries to come, are so valuable.
What The Frack? How Weak Industrial Disclosure Rules Prevent Public Understanding Of Chemical Practices And Toxic Politics, 2015 Pennsylvania State University
What The Frack? How Weak Industrial Disclosure Rules Prevent Public Understanding Of Chemical Practices And Toxic Politics, Benjamin W. Cramer
Benjamin W. Cramer
Hydraulic fracturing, known colloquially as “fracking,” makes use of chemically-formulated fluid that is forced down a gas well at great pressure to fracture underground rock formations and release embedded natural gas. Many journalists, environmentalists, and public health advocates are concerned about what may happen if the fracking fluid escapes the well and contaminates nearby drinking water supplies. This article attempts a comprehensive analysis and comparison of all relevant fracking fluid disclosure regulations currently extant in the United States, and considers whether the information gained is truly useful for citizens, journalists, and regulators. In recent years the federal government and several …
Property Rules And Liability Rules: The Cathedral In Another Light, 2015 University of Michigan Law School
Property Rules And Liability Rules: The Cathedral In Another Light, James Krier, Stewart Schwab
Stewart J Schwab
Ronald Coase's essay on "The Problem of Social Cost" introduced the world to transaction costs, and the introduction laid the foundation for an ongoing cottage industry in law and economics. And of all the law-and-economics scholarship built on Coase's insights, perhaps the most widely known and influential contribution has been Calabresi and Melamed's discussion of what they called "property rules" and "liability rules."' Those rules and the methodology behind them are our subjects here. We have a number of objectives, the most basic of which is to provide a much needed primer for those students, scholars, and lawyers who are …
Slides: The Colorado River: Innovation In The Face Of Scarcity, 2015 University of Colorado Law School
Slides: The Colorado River: Innovation In The Face Of Scarcity, Anne J. Castle
Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)
Presenter: Anne J. Castle, Stanford Woods Institute for the Environment
40 slides
Slides: Wrapping Up The Big Horn Adjudication: Lessons After 38 Years And 20,000 Claims, 2015 University of Colorado Law School
Slides: Wrapping Up The Big Horn Adjudication: Lessons After 38 Years And 20,000 Claims, Ramsey L. Kropf
Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)
Presenter: Ramsey L. Kropf, Deputy Solicitor for Water Resources, Office of the Solicitor, U.S. Department of the Interior
34 slides
Slides: The Columbia River Treaty, 2015 University of Colorado Law School
Slides: The Columbia River Treaty, Barbara Cosens
Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)
Presenter: Barbara Cosens, Professor, University of Idaho College of Law and Waters of the West Graduate Program
22 slides
Slides: Klamath Basin Agreements: Largest River Restoration Project In American History, 2015 University of Colorado Law School
Slides: Klamath Basin Agreements: Largest River Restoration Project In American History, Amy Cordalis
Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)
Presenter: Amy Cordalis, Staff Attorney, Yurok Tribe
34 slides
Slides: Never Let A Crisis Go To Waste, 2015 University of Colorado Law School
Slides: Never Let A Crisis Go To Waste, Lester Snow
Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)
Presenter: Lester Snow, Executive Director, California Water Foundation
39 slides
Slides: The Blm And Colorado Dnr Mou: A Water-Based Partnership, 2015 University of Colorado Law School
Slides: The Blm And Colorado Dnr Mou: A Water-Based Partnership, Roy Smith
Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)
Presenter: Roy Smith, Bureau of Land Management
19 slides
Slides: Untitled [Innovative Agreements], 2015 University of Colorado Law School
Slides: Untitled [Innovative Agreements], Greg Hobbs
Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)
Presenter: Justice Greg Hobbs, Colorado Supreme Court
13 slides
Encroachment Of Bwindi National Park, In Relation To Richness And Diversity Of Tree Species, 2015 Brigham Young University
Encroachment Of Bwindi National Park, In Relation To Richness And Diversity Of Tree Species, Catherine Johns, Dr. Brigham Daniels
Journal of Undergraduate Research
This project originally aimed to research tree richness and diversity using the Point Quarter method in Bwindi Impenetrable National Park but after the first day attempting to work, I learned how impossible the forest actually is. Having never experienced such a dense mountainous forest, not even the “impenetrable” in the description made me consider that working there would be so physically impossible. After talking with park officials, I quickly realized that all the work I wanted to accomplish and much more was already being completed by the Uganda Wildlife Authority (UWA). The combination of these two things led me to …
Slides: Gwc Review Report, 2015 University of Colorado Law School
Slides: Gwc Review Report, Larry Macdonnell
Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)
Presenter: Larry MacDonnell, University of Colorado Law School
12 slides
Slides: Water Planning In California: Past, Present, Future, 2015 University of Colorado Law School
Slides: Water Planning In California: Past, Present, Future, Ellen Hanak
Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)
Presenter: Ellen Hanak, Senior Fellow and Director, PPIC Water Policy Center, Public Policy Institute of California
13 slides
Slides: California's Bay-Delta Conveyance Problem: A Light At The End Of The Tunnel(S)?, 2015 University of Colorado Law School
Slides: California's Bay-Delta Conveyance Problem: A Light At The End Of The Tunnel(S)?, Jerry Meral
Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)
Presenter: Jerry Meral, Director of California Water Programs, Natural Heritage Institute
8 slides