Conservation-Reliant Species And The Future Of Conservation,
2010
University of Idaho, College of Law
Conservation-Reliant Species And The Future Of Conservation, Dale Goble
Articles
Species threatened with extinction are the focus of mounting conservation concerns throughout the world. Thirty-seven years after passage of the U.S. Endangered Species Act in 1973, we conclude that the Act’s underlying assumption—that once the recovery goals for a species are met it will no longer require continuing management—is false. Even when management actions succeed in achieving biological recovery goals, maintenance of viable populations of many species will require continuing, species-specific intervention. Such species are “conservation reliant.” To assess the scope of this problem, we reviewed all recovery plans for species listed as endangered or threatened under the Act. Our …
What Ever Happened To Canadian Environmental Law?,
2010
Osgoode Hall Law School of York University
What Ever Happened To Canadian Environmental Law?, Stepan Wood, Georgia Tanner, Benjamin J. Richardson
Articles & Book Chapters
This Article examines the history of Canadian environmental law to explain why it has become a laggard in both legal reform and environmental performance. Canadian environmental law has long been of interest to scholars worldwide, yet its record is often poorly understood. The Article contrasts recent developments with the seemingly progressive initiatives of the 1970s, and analyzes these trends in light of their political, economic, and governance context, as well as the wider critiques of environmental law. It argues that there is considerable room for Canadian governments to adopt more robust methods of environmental law, including following pioneering reforms advanced …
Taking The "Leed": Determining The Appropriate Amount Of Government Regulation In Green Building Projects,
2010
University of Kentucky
Taking The "Leed": Determining The Appropriate Amount Of Government Regulation In Green Building Projects, A. Paige Reber
Kentucky Law Journal
No abstract provided.
Capteton V. A.T. Massey Coal Co.: The Texas Implications.,
2010
St. Mary's University
Capteton V. A.T. Massey Coal Co.: The Texas Implications., Catherine Stone, Wendy Martinez
St. Mary's Law Journal
In Caperton v. A.T. Massey Coal Co., the United States Supreme Court addressed whether the Due Process Clause of the United States Constitution was violated by the denial of a motion to recuse. The motion sought to recuse a Supreme Court of Appeals Justice from West Virginia. The justice received an extraordinary campaign contribution from the chief officer of a corporate party to a case pending before the court. Several Texas courts addressed whether recusal was necessary based on campaign contributions prior to the decision in Caperton. Texas courts have universally held that recusal was not required. The United States …
If One Is Good, Two Must Be Better: A Comparison Of The Texas Standards For Appellate Conduct And The Texas Disciplinary Rules Of Professional Conduct.,
2010
St. Mary's University
If One Is Good, Two Must Be Better: A Comparison Of The Texas Standards For Appellate Conduct And The Texas Disciplinary Rules Of Professional Conduct., Edward L. Wilkinson
St. Mary's Law Journal
The Supreme Court of Texas and the Texas Court of Criminal Appeals adopted the Standards for Appellate Conduct (Standards) on February 1, 1999. The Standards are intended to “give practitioners a valuable tool to use with clients who demand unprofessional conduct” by imposing “an affirmative duty to educate the client about the Standards of Appellate Conduct.” The Standards further state they do not “alter existing standards of conduct under the Texas Rules of Disciplinary Procedure, or the Code of Judicial Conduct.” Under the Rules of Disciplinary Procedure, sanctionable conduct includes “acts or omissions…which violate one or more of the Texas …
Ocean Policy: A Canadian Case Study,
2010
Government of Canada - Fisheries and Oceans Canada
Ocean Policy: A Canadian Case Study, Camille Mageau, David Vanderzwaag, Susan Farlinger
Articles, Book Chapters, & Popular Press
Over the years, Canada, like most other coastal nations, has developed an intricate set of policies and regulatory instruments focused on the management of traditional sectoral uses of the oceans. A decade ago, the necessary steps were taken to modernise the way in which Canadian authorities manage ocean-based activities.
Canada did not set out to design “one” comprehensive, all inclusive oceans policy. The primary approach taken was to identify, through Canada’s Oceans Act, one federal lead authority responsible for the coordination and harmonisation of existing policy and statutory instruments and to formulate a national vision and guiding principles for oceans …
A Comment On Watersheds: Runoff From The Tax Code,
2010
Schulich School of Law, Dalhousie University
A Comment On Watersheds: Runoff From The Tax Code, Kim Brooks
Articles, Book Chapters, & Popular Press
The role of tax as an instrument of social and economic policy has recently come to the fore in debates about the environment. This paper provides a short comment on a paper authored by Janet Milne that explores the incentive effects of the tax code on watershed protection.
A Gulf United: Canada-Us Transboundary Marine Ecosystem-Based Governance In The Gulf Of Maine,
2010
World Maritime University
A Gulf United: Canada-Us Transboundary Marine Ecosystem-Based Governance In The Gulf Of Maine, Lawrence Hildebrand, Aldo Chircop
Articles, Book Chapters, & Popular Press
In 1989, the Northeastern states of Maine, Massachusetts, and New Hampshire in the United States and the neighboring Canadian Provinces of New Brunswick and Nova Scotia embarked upon a new form of regional marine environmental cooperation when their governors and premiers adopted the Agreement on Conservation of the Marine Environment of the Gulf of Maine Between the Governments of the Bordering States and Provinces.
A Comment On Watersheds: Runoff From The Tax Code,
2010
Dalhousie University Schulich School of Law
A Comment On Watersheds: Runoff From The Tax Code, Kim Brooks
Articles, Book Chapters, & Popular Press
The role of tax as an instrument of social and economic policy has recently come to the fore in debates about the environment. This paper provides a short comment on a paper authored by Janet Milne that explores the incentive effects of the tax code on watershed protection.
The Legacy Of The Climate Talks In Copenhagen: Hopenhagen Or Brokenhagen?,
2010
Dalhousie University Schulich School of Law
The Legacy Of The Climate Talks In Copenhagen: Hopenhagen Or Brokenhagen?, Meinhard Doelle
Articles, Book Chapters, & Popular Press
This article explores the implications of the Copenhagen climate talks in December 2009 for the future of the international climate change regime.
Early Experience With The Kyoto Compliance System: Possible Lessons For Mea Compliance System Design,
2010
Dalhousie University Schulich School of Law
Early Experience With The Kyoto Compliance System: Possible Lessons For Mea Compliance System Design, Meinhard Doelle, Meinhard Doelle
Articles, Book Chapters, & Popular Press
Regardless of the future of the Kyoto compliance system, much of its work will continue to be important both for the climate change regime and for other MEAs. While it is impossible to make accurate predictions about the substance of the climate change regime after 2012, it is nevertheless important to reflect on the experience with the Kyoto compliance system to date for MEA compliance generally. Adjustments to the Kyoto compliance system necessitated by post 2012 changes to the substantive obligations can, of course, only be considered once those changes are known. The central question posed in this article is …
Climate Change, Fragmentation, And The Challenges Of Global Environmental Law: Elements Of A Post-Copenhagen Assemblage,
2010
University of Colorado Law School
Climate Change, Fragmentation, And The Challenges Of Global Environmental Law: Elements Of A Post-Copenhagen Assemblage, William Boyd
Publications
The 2009 United Nations climate conference in Copenhagen has been widely viewed as a failure -a referendum in the eyes of many on the top-down, comprehensive approach to climate governance embodied in the Kyoto Protocol and carried forward in efforts to negotiate a successor regime. Despite a modest agreement on future work toward a new agreement, the most recent climate meeting in Cancún, Mexico reinforces this view, underscoring the conclusion that Copenhagen represents an important inflection point for international climate policy. Although much of the post-Copenhagen commentary has correctly identified various problems, even fatal flaws, with the process, very little …
Mitigating The Distributional Impacts Of Climate Change Policy,
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 …
Oil Spill Compensation Scheme From An Oil Tanker In Korea : A Case Study On The Hebei Spirit,
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.
U.S. V. Bailey: An Expansion Of Federal Clean Water Act Jurisdiction,
2010
University of Kentucky
U.S. V. Bailey: An Expansion Of Federal Clean Water Act Jurisdiction, Anthony Cash
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
Navigating Tricky Ethical Shoals In Environmental Law: Parameters Of Counseling And Managing Clients,
2010
University at Buffalo School of Law
Navigating Tricky Ethical Shoals In Environmental Law: Parameters Of Counseling And Managing Clients, Kim Diana Connolly
Journal Articles
This article explores some of the ethical situations that environmental and natural resource lawyers can encounter when counseling clients. It begins by exploring the Model Rule of Professional Conduct (MRPC) 2.1, regarding counsel’s role as “advisor,” which provides that appropriate client counseling refers not only to law, but also to moral, economic, social, and political factors, when making decisions. It also explores the environmental lawyer’s ability to withdraw from representation pursuant to MRPC 1.16. It places the obligations and options under these rules and other mandates in the environmental and natural resource context, and encourages attorneys practicing in the area …
Monumentally Inadequate: Conservation At Any Cost Under The Antiquities Act,
2010
Villanova University Charles Widger School of Law
Monumentally Inadequate: Conservation At Any Cost Under The Antiquities Act, Mark Laemmle
Villanova Environmental Law Journal
No abstract provided.
Regulatory Adaptation In Fractured Appalachia,
2010
Villanova University Charles Widger School of Law
Regulatory Adaptation In Fractured Appalachia, Hannah Wiseman
Villanova Environmental Law Journal
No abstract provided.
Saving Lives Or Spreading Fear: The Terroristic Nature Of Eco-Extremism,
2010
Lewis & Clark Law School
Saving Lives Or Spreading Fear: The Terroristic Nature Of Eco-Extremism, Kevin R. Grubbs
Animal Law Review
Much debate has surfaced surrounding so-called “eco-terrorism.” Some commentators argue that such activity is not and should not be called terrorism. This Comment analyzes these extremist activities through the lens of federal terrorism laws and argues that, while these activists’ goals are laudable, their methods are often terroristic. Consequently, those activities that go too far are-and should be-classified as terrorism.
Stopping Nuclear Power Plants: A Memoir,
2010
Villanova University Charles Widger School of Law
Stopping Nuclear Power Plants: A Memoir, Louis J. Sirico Jr.
Villanova Environmental Law Journal
No abstract provided.