Black Bear, Sierra Nevada,
2010
UC Law SF
Black Bear, Sierra Nevada, Richard Hurlburt
UC Law Environmental Journal
No abstract provided.
Little Bird,
2010
UC Law SF
Seeing The Free Exercise Forest For The Trees: Nepa, Rfra, And Navajo Nation,
2010
UC Law SF
Seeing The Free Exercise Forest For The Trees: Nepa, Rfra, And Navajo Nation, Ruth Stoner Muzzin
UC Law Environmental Journal
No abstract provided.
Sedona - Backcountry, 2008,
2010
UC Law SF
Sedona - Backcountry, 2008, Angel Muzzin
UC Law Environmental Journal
No abstract provided.
Winter Surf, 2007,
2010
UC Law SF
Atop Mt. Roberts, Juneau, Alaska,
2010
UC Law SF
Atop Mt. Roberts, Juneau, Alaska, Deborah P. Furth
UC Law Environmental Journal
No abstract provided.
Standing In The Way Of Cooperation: Citizen Standing And Compliance With Environmental Agreements,
2010
UC Law SF
Standing In The Way Of Cooperation: Citizen Standing And Compliance With Environmental Agreements, Neil Gormley
UC Law Environmental Journal
No abstract provided.
Anderson V. Evans: The Ninth Circuit Harmonizes Treaty Rights And The Marine Mammal Protection Act,
2010
UC Law SF
Anderson V. Evans: The Ninth Circuit Harmonizes Treaty Rights And The Marine Mammal Protection Act, Carol B. Koppelman
UC Law Environmental Journal
No abstract provided.
Two Poems,
2010
UC Law SF
Dunes At Vila Nova De Milfontes, Portugal, Dec. 21, 1990,
2010
UC Law SF
Dunes At Vila Nova De Milfontes, Portugal, Dec. 21, 1990, Greg Hobbs
UC Law Environmental Journal
No abstract provided.
Tree Tops,
2010
UC Law SF
The Klamath Hydroelectric Settlement Agreement: Federal Law, Local Compromise, And The Largest Dam Removal Project In
History,
2010
UC Law SF
The Klamath Hydroelectric Settlement Agreement: Federal Law, Local Compromise, And The Largest Dam Removal Project In History, David N. Allen
UC Law Environmental Journal
No abstract provided.
Climate Regulation Without Congressional Action,
2010
Columbia Law School
Climate Regulation Without Congressional Action, Michael B. Gerrard
Faculty Scholarship
The apogee of congressional support for comprehensive climate change legislation came on June 26, 2009, when the House of Representatives passed the American Clean Energy Security Act (Waxman-Markey) by a vote of 219 to 212. Its Senate counterpart, the American Power Act, known first as Kerry-Lieberman-Graham and then just Kerry-Lieberman, never gained traction, and in July 2010 Senate Majority Leader Harry Reid (D.-Nev.) announced he would not bring it to the floor this year.
Many observers believe Republicans will take control of the House and possibly of the Senate after the Nov. 2, 2010, elections. Republican leadership in both chambers …
Federalism At The Cathedral: Property Rules, Liability Rules, And Inalienability Rules In Tenth Amendment Infrastructure,
2010
University of Colorado Law School
Federalism At The Cathedral: Property Rules, Liability Rules, And Inalienability Rules In Tenth Amendment Infrastructure, Erin Ryan
University of Colorado Law Review
This Article explores the consequences for good governance of poorly constructed legal infrastructure in the Tenth Amendment context, and recommends a simple jurisprudential fix: exchanging a property rule for the inalienability remedy rule that the Supreme Court used to protect the anticommandeering entitlement in New York v. United States. Grounded in a values-based theory of American federalism, it shows how the New York inalienability rule unnecessarily removes tools for resolving interjurisdictional quagmiresexemplified by the radioactive waste capacity problem at the heart of the New York litigation-by prohibiting novel forms of state-federal bargaining. In New York, the Court held that Congress …
Adaptation To The Health Consequences Of Climate Change As A Potential Influence On Public Health Law And Policy: From Preparedness To Resilience,
2010
Georgetown University Law Center
Adaptation To The Health Consequences Of Climate Change As A Potential Influence On Public Health Law And Policy: From Preparedness To Resilience, Lindsay F. Wiley
Georgetown Law Faculty Publications and Other Works
Because the health effects of climate change are likely to be significant and far-reaching, a key component of climate change adaptation will be our public health infrastructure. Perhaps counter-intuitively, recent emphasis in public health law on preparedness for extraordinary events may be to the detriment of our ability to cope with the health impacts of climate change. While existing emergency preparedness law will necessarily be an important backdrop for health-focused climate change adaptation efforts (especially with regard to natural disasters and infectious disease outbreaks), the focus on emergency preparedness in recent years does not necessarily situate us well for handling …
Making Self-Regulation More Than Merely Symbolic: The Critical Role Of The Legal Environment,
2010
Georgetown University Law Center
Making Self-Regulation More Than Merely Symbolic: The Critical Role Of The Legal Environment, Jodi Short, Michael W. Toffel
Georgetown Law Faculty Publications and Other Works
Using data from a sample of U.S. industrial facilities subject to the federal Clean Air Act from 1993 to 2003, this article theorizes and tests the conditions under which organizations’ symbolic commitments to self-regulate are particularly likely to result in improved compliance practices and outcomes. We argue that the legal environment, particularly as it is constructed by the enforcement activities of regulators, significantly influences the likelihood that organizations will effectively implement the self-regulatory commitments they symbolically adopt. We investigate how different enforcement tools can foster or undermine organizations’ normative motivations to self-regulate. We find that organizations are more likely to …
Corporate Environmental Social Responsibility: Corporate "Greenwashing" Or A Corporate Culture Game Changer?,
2010
Georgetown University Law Center
Corporate Environmental Social Responsibility: Corporate "Greenwashing" Or A Corporate Culture Game Changer?, Hope M. Babcock
Georgetown Law Faculty Publications and Other Works
This article focuses on the extent to which unenforceable voluntary initiatives undertaken by corporations can change corporate behavior to make businesses more environmentally responsible, i.e. not only comply with the law, but to do more than the law actually requires of them. These initiatives, loosely gathered under the umbrella of a movement called corporate social responsibility (CSR), are often proposed by the government as a way to fill regulatory and enforcement gaps or by industry, often as an alternative to regulatory requirements. In each case, their goal is to improve the compliance record of businesses and, in some cases, to …
Rising Seas And Common Law Baselines: A Comment On Regulatory Takings Discourse Concerning Climate Change,
2010
Georgetown University Law Center
Rising Seas And Common Law Baselines: A Comment On Regulatory Takings Discourse Concerning Climate Change, J. Peter Byrne
Georgetown Law Faculty Publications and Other Works
In several recent cases considering claims that regulatory measures addressing rising sea levels violate the Takings Clause, courts have given significant normative weight to traditional common law rules, even when such rules have long been superseded by statutory provisions. This essay argues that giving analytic precedence to such common law baselines lacks justification and can pose serious obstacles to reasonable measures to adapt to climate change.
Climate Change And Institutional Competence,
2010
University of Colorado Law School
Climate Change And Institutional Competence, Mark Squillace
Publications
No abstract provided.
A Green Road To Development: Environmental Regulations And Developing Countries In The Wto,
2010
University of Colorado Law School
A Green Road To Development: Environmental Regulations And Developing Countries In The Wto, Jonathan Skinner
Publications
The WTO framework can accommodate enforceable environmentally protective measures.
