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State Fish Stocking Programs At Risk: Takings Under The Endangered Species Act, Amy L. Stein 2010 University of Florida Levin College of Law

State Fish Stocking Programs At Risk: Takings Under The Endangered Species Act, Amy L. Stein

UF Law Faculty Publications

Part I of this article provides a brief background to fish stocking practices in the United States, including a discussion of beneficial fish stocking practices, as well as some of the allegations surrounding the detrimental effects. Part II of this article provides some necessary background on section 9 of the ESA, the “actual injury” prong, the “significant impairment” prong, and their application to fish stocking. Part III of this article sets forth recommendations for future clarification and increased consistency on these issues. Specifically, this article supports the use of two rules that can help reconcile the uncertain landscape surrounding a ...


How Supplemental Environmental Projects Can And Should Be Used To Advance Environmental Justice, Douglas Rubin 2010 University of Maryland Francis King Carey School of Law

How Supplemental Environmental Projects Can And Should Be Used To Advance Environmental Justice, Douglas Rubin

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Understanding Cercla Through Webster's New World Dictionary And State Common Law: Forestalling The Federalization Of Property Law, Shelby D. Green 2010 Elisabeth Haub School of Law at Pace University

Understanding Cercla Through Webster's New World Dictionary And State Common Law: Forestalling The Federalization Of Property Law, Shelby D. Green

Pace Law Faculty Publications

The Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA") was hastily enacted in 1980 in the wake of the Love Canal disaster, where vast amounts of toxic wastes were found buried beneath a residential community. The contours of this legislation, though comprehensive in its outward scope, have been difficult to discern, largely as a consequence of vague and confusing expression. Though often the first tool resorted to for interpretation is the dictionary, the courts have looked beyond the literal terms, in an effort to determine the intended and sensible limits, consistent with both the congressional aim to reach broad categories ...


China In Context: Energy, Water, And Climate Cooperation, Elizabeth Burleson 2010 Pace Law School

China In Context: Energy, Water, And Climate Cooperation, Elizabeth Burleson

Pace Law Faculty Publications

No abstract provided.


An Ill Wind: Air Pollution In The Pearl River Delta, Caitlin Morray 2010 University of Washington School of Law

An Ill Wind: Air Pollution In The Pearl River Delta, Caitlin Morray

Washington International Law Journal

Marine transport is an efficient and cost-effective way to transport goods around the world; at least ninety percent of all global trade is served by the shipping industry and shipping trade is expected to triple in the next two decades. However, because of the poor quality of the fuel used by the shipping industry, ocean-going ships disproportionately impact the environment and human health. The shipping industry is presently estimated to generate almost thirty percent of the world’s smog-forming nitrogen oxide emissions and nearly ten percent of sulfur dioxide emissions that cause acid rain and deadly fine particles. The Pearl ...


Comments: Recovery Of Epa Oversight Costs From A Broad Reading Of Cercla, Aaron Kelly 2010 University of Baltimore School of Law

Comments: Recovery Of Epa Oversight Costs From A Broad Reading Of Cercla, Aaron Kelly

University of Baltimore Law Review

No abstract provided.


Energy Independence: Challenges Facing The West In Adopting Alternative And Renewable Energy Sources, Barbara Cosens 2010 University of Idaho College of Law

Energy Independence: Challenges Facing The West In Adopting Alternative And Renewable Energy Sources, Barbara Cosens

Articles

No abstract provided.


A Fish Tale: A Small Fish, The Esa, And Our Shared Future, Dale D. Goble 2010 University of Idaho, College of Law

A Fish Tale: A Small Fish, The Esa, And Our Shared Future, Dale D. Goble

Articles

No abstract provided.


The Endangered Species Act: Static Law Meets Dynamic World, Holly Doremus 2010 University of California, Berkeley

The Endangered Species Act: Static Law Meets Dynamic World, Holly Doremus

Washington University Journal of Law & Policy

Professor Holly Doremus‘s article, The Endangered Species Act: Static Law Meets Dynamic World, traces the history of the Endangered Species Act ("ESA") to illustrate the need to correct the assumption that nature is simple to manage. For all its flaws, the ESA remains the nation's primary biodiversity conservation act,although the construct had not been "invented" in 1973 when Congress enacted "one of the last pieces of environmental bandwagon legislation." Yet, it is difficult to adapt to the broader objective of biodiversity conservation, in part because the ESA rests on a static view of species and the landscapes ...


Pining For Sustainability, Timothy M. Mulvaney 2010 Texas A&M University School of Law

Pining For Sustainability, Timothy M. Mulvaney

Faculty Scholarship

The survey results discussed in Part I below reveal substantial paper consumption excesses in the existing law journal system. Though only thirty-three primary law journals responded to the survey, making extrapolation across the general population of all law journals difficult, the aggregate data is illuminating nonetheless. Based upon a very conservative evaluation of the data set, the respondent journals reported printing nearly seventeen million pages of paper in the one-year term of the 2008-2009 editorial boards. Isolated practices proved particularly disconcerting. For instance, one journal reported printing a full, single-sided copy of each of the more than two thousand electronically ...


How Judicial Hostility Toward Environmental Claims And Intimidation Tactics By Lawyers Have Formed The Perfect Storm Against Environmental Clinics: What's The Big Deal About Students And Chickens Anyway?, Hope M. Babcock 2010 Georgetown University Law Center

How Judicial Hostility Toward Environmental Claims And Intimidation Tactics By Lawyers Have Formed The Perfect Storm Against Environmental Clinics: What's The Big Deal About Students And Chickens Anyway?, Hope M. Babcock

Georgetown Law Faculty Publications and Other Works

Since 1976, when the first environmental clinic was started at the University of Oregon’s law school, clinics have proliferated. Today, approximately one out of five law schools has an environmental clinic. With respect to clinics in general, the Association of American Law Schools Directory of Law Teachers lists “nearly 1400 full-time faculty teaching clinical courses.” Yet far from being an uncontroverted part of the academic landscape, clinics—particularly environmental clinics—have endured political blowback from challenging the environmentally destructive behavior of major economic interests. The effectiveness of environmental clinics is no greater than established environmental organizations—perhaps less effective ...


Oil Spill Compensation Scheme From An Oil Tanker In Korea : A Case Study On The Hebei Spirit, Uk Kim 2010 World Maritime University

Oil Spill Compensation Scheme From An Oil Tanker In Korea : A Case Study On The Hebei Spirit, Uk Kim

World Maritime University Dissertations

No abstract provided.


Non-State Actor Access And Influence In International Legal And Policy Negotiations, Elizabeth Burleson 2010 Pace Law School

Non-State Actor Access And Influence In International Legal And Policy Negotiations, Elizabeth Burleson

Pace Law Faculty Publications

This article analyzes the importance of increasing civil society actor access to and influence in international legal and policy negotiations, drawing from academic scholarship on governance, conservation and environmental sustainability, natural resource management, observations of civil society actors, and the authors’ experiences as participants in international environmental negotiations.

Transcript of panel discussion at McGill University, March 26, 2010. This piece is based on the article Elizabeth Burleson & Diana Pei Wu, Non-State Actor Access and Influence in International Legal and Policy Negotiations, 21 Fordham Envtl. L. Rev. 193 (2010).


Climate Change Consensus: Emerging International Law, Elizabeth Burleson 2010 Pace Law School

Climate Change Consensus: Emerging International Law, Elizabeth Burleson

Pace Law Faculty Publications

No abstract provided.


Climate Change Displacement To Refuge, Elizabeth Burleson 2010 Pace Law School

Climate Change Displacement To Refuge, Elizabeth Burleson

Pace Law Faculty Publications

No abstract provided.


Emerging Law Addressing Climate Change And Water, Elizabeth Burleson 2010 Pace Law School

Emerging Law Addressing Climate Change And Water, Elizabeth Burleson

Pace Law Faculty Publications

The World Economic Forum recognizes that while restrictions on energy affect water systems and vise versa, energy and water policy are rarely coordinated. The International Panel on Climate Change predicts that wet places will become wetter and dry places will become dryer. Transboundary water, energy and climate coordination can occur through international consensus building.


Mitigating The Distributional Impacts Of Climate Change Policy, Tracey M. Roberts 2010 Washington and Lee University School of Law

Mitigating The Distributional Impacts Of Climate Change Policy, Tracey M. Roberts

Washington and Lee Law Review

Under both a cap-and-trade system and a greenhouse gas tax, the government will regulate energy suppliers and distributors, utility companies, and large manufacturers. These parties will bear the statutory incidence of the regulation. However, the financial impacts of regulating greenhouse gas emissions will be borne primarily by consumers. Consumers will bear the economic incidence of the regulation in the form of increased costs ofgasoline, electricity, and home heating fuels and in increased consumer prices for all goods manufactured or distributed using fossil fuels. Greenhouse gas regulation will also generate significant revenue. This Article addresses the question of what should be ...


Stepping Stone Or Stumbling Block: Incrementalism And National Climate Change Legislation, Rachel Brewster 2010 Duke Law School

Stepping Stone Or Stumbling Block: Incrementalism And National Climate Change Legislation, Rachel Brewster

Faculty Scholarship

This Article examines the effects of incremental domestic legislation on international negotiations to limit greenhouse gas emissions. Mitigating the effects of climate change is a global public good, which, ultimately, only an international agreement can provide. The common presumption (justified or not) is that national legislation is a step forward to an international agreement. This Article analyzes how national legislation can create a demand for international action but can also preempt or frustrate international efforts. The crucial issue, which has been largely ignored thus far, is how incremental steps at the domestic level alter international negotiations. This paper identifies four ...


Gaming The Past: The Theory And Practice Of Historic Baselines In The Administrative State, James Salzman, J.B. Ruhl 2010 Duke Law School

Gaming The Past: The Theory And Practice Of Historic Baselines In The Administrative State, James Salzman, J.B. Ruhl

Faculty Scholarship

Goals based on absolute targets, risk, technology, or cost are found throughout the administrative state. “Historic baselines,” a point in the past used to ground a policy goal, are just as commonplace, yet remain unexamined. Whether in budgeting or tax, criminal sentencing or environmental protection, historic baselines direct a wide range of agency activities. Their ubiquity begs some important questions. What makes baselines more attractive than other approaches for implementing regulatory goals? Conversely, when are other standard setting methods such as absolute targets and risk-based, technology-based, and cost-based standards more useful to policy makers than historic baselines? Unless one believes ...


The Politics Of Nature: Climate Change, Environmental Law, And Democracy, Jedediah Purdy 2010 Duke Law School

The Politics Of Nature: Climate Change, Environmental Law, And Democracy, Jedediah Purdy

Faculty Scholarship

Legal scholars’ discussions of climate change assume that the issue is one mainly of engineering incentives, and that “environmental values” are too weak, vague, or both to spur political action to address the emerging crisis. This Article gives reason to believe otherwise. The major natural resource and environmental statutes, from the acts creating national forests and parks to the Clean Air and Clean Water Acts, have emerged from precisely the activity that discussions of climate change neglect: democratic argument over the value of the natural world and its role in competing ideas of citizenship, national purpose, and the role and ...


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