Hot, Crowded, And Legal: A Look At Industrial Agriculture In The United States And Brazil,
2012
Elisabeth Haub School of Law at Pace University
Hot, Crowded, And Legal: A Look At Industrial Agriculture In The United States And Brazil, David N. Cassuto
Elisabeth Haub School of Law Faculty Publications
Over the last sixty years, industrial agriculture has expanded in the United States and throughout the world, including in Brazil. Any benefit this expansion has brought comes at significant environmental and social costs. Industrial agriculture is a leading contributor to global climate change, air and water pollution, deforestation, and dangers in the workplace. This Article discusses the impact of industrial animal agriculture in the U.S. and Brazil. It also examines the laws pertaining to industrial agriculture in both countries and provides a comparative analysis of the two legal regimes. Finally, this Article concludes with the observation that although the price …
The Nutty Putty Cave, The Zen Runner And Other Allegories About Life, Death, Value And Law,
2012
University of Missouri - Kansas City, School of Law
The Nutty Putty Cave, The Zen Runner And Other Allegories About Life, Death, Value And Law, John W. Ragsdale Jr
Faculty Works
No abstract provided.
The Landsafe Socioecological Development Model For The Customary Commons Of Zambia: Evolution And Formalization,
2012
University of New Mexico
The Landsafe Socioecological Development Model For The Customary Commons Of Zambia: Evolution And Formalization, I.P.A. Manning
Natural Resources Journal
No abstract provided.
Cooperative Federalism And Hydraulic Fracturing: A Human Right To A Clean Environment,
2012
Pace Law School
Cooperative Federalism And Hydraulic Fracturing: A Human Right To A Clean Environment, Elizabeth Burleson
Elisabeth Haub School of Law Faculty Publications
United States natural gas production is likely to stunt the direction and intensity of renewable energy by up to two decades according to a MIT study. Gas will not provide a “’bridge’ to a low-carbon future if it erodes efforts to prepare a landing at the other end of the bridge.” Unconventional natural gas extraction need not become a “transition” to a new addiction. This article analyzes how cooperative federalism and inclusive decision-making can provide legitimacy and transparency when balancing property rights versus police powers to regulate natural gas production.
Wetlands, Property Rights, And The Due Process Deficit In Environmental Law,
2012
Case Western University School of Law
Wetlands, Property Rights, And The Due Process Deficit In Environmental Law, Jonathan H. Adler
Faculty Publications
In Sackett v. Environmental Protection Agency a unanimous Supreme Court held that private landowners could seek judicial review of an Administrative Compliance Order issued by the Environmental Protection Agency alleging that their land contained wetlands subject to regulation under the Clean Water Act. The Court’s decision rested on statutory grounds, but the same result may have been dictated by principles of due process. Under the CWA, federal regulators have asserted authority over waters and dry lands alike and sought to expand federal jurisdiction well beyond constitutional limits. Under existing regulations, landowners have little notice or certainty as to whose lands …
Looking Beyond The Bang For More Bucks: A Legislative Gift To Fund Wildlife Conservation On Its 75th Anniversary,
2012
Cleveland State University
Looking Beyond The Bang For More Bucks: A Legislative Gift To Fund Wildlife Conservation On Its 75th Anniversary, Katie Spidalieri
Cleveland State Law Review
The concept of hunter-supported wildlife conservation behind the Pittman-Robertson Act has been termed the North American Model of Wildlife Conservation. Since 1937, the Pittman-Robertson Act and this unique Model have been recognized as “the oldest and most successful wildlife management program in the nation’s history."This Note will argue that the government’s historical preoccupation with hunting overlooks the potential to extend the Model’s reach to the great outdoor industry prevalent in America. Specifically, the Model can be resuscitated if additional categories of outdoorsmen, like campers, hikers, and birdwatchers, are included as financial stakeholders in wildlife conservation. To broaden the conservation tax …
A Risky Business: Generation Of Nuclear Power And Deepwater Drilling For Offshore Oil And Gas,
2012
Georgetown University Law Center
A Risky Business: Generation Of Nuclear Power And Deepwater Drilling For Offshore Oil And Gas, Hope M. Babcock
Georgetown Law Faculty Publications and Other Works
Government regulation and licensing of industrial activities that create the possibility of catastrophic risk reflect “a political value judgment that these activities provide a social benefit that is greater than the social cost of the risks that they cause.” However, when a catastrophic accident occurs, the cost-benefit evaluations underlying the value judgment that authorized the activity may need to be rethought. Social rethinking is especially warranted when the accident could have been prevented had either the industry or the government more seriously assessed the risk of a catastrophic event and implemented precautionary steps to avoid it. This was the conclusion …
Implementation Of The Arizona Water Settlement Act In New Mexico: An Overview Of Legal Considerations,
2012
University of New Mexico-Main Campus
Implementation Of The Arizona Water Settlement Act In New Mexico: An Overview Of Legal Considerations, Adrian Oglesby
Natural Resources Journal
No abstract provided.
The Quest For A Sustainable Future And The Dawn Of A New Journal At Michigan Law,
2012
University of Michigan Law School
The Quest For A Sustainable Future And The Dawn Of A New Journal At Michigan Law, David M. Uhlmann
Articles
When I joined the faculty of the University of Michigan Law School in 2007, the first assignment I gave students in my Environmental Law and Policy class was John McPhee's Encounters with the Archdruid. It must have seemed like a curious choice to them, particularly coming from a professor who just three months earlier had been the Chief of the Environmental Crimes Section at the U.S. Department of Justice. The book was not a dramatic tale of courtroom battles. In fact, the book was not even about the law, and the clash of environmental values it depicted pre-dated the environmental …
Gas Marketing By The Operator Under A Joa—Unrecognized Regulatory Risks And Practical Solutions,
2012
Husch Blackwell LLP
Gas Marketing By The Operator Under A Joa—Unrecognized Regulatory Risks And Practical Solutions, William F. Demarest Jr.
Oklahoma Law Review
No abstract provided.
Using The Public Natural Resource Management Laws To Improve Water Pollution Anti-Degradation Policies,
2011
George Washington University
Using The Public Natural Resource Management Laws To Improve Water Pollution Anti-Degradation Policies, Sandi Zellmer, Robert Glicksman
Sandi Zellmer
The Clean Water Act’s principal goal is to “restore and maintain” the integrity of the nation’s surface water bodies. The Act’s adoption was spurred largely by the perception that unchecked pollution had caused the degradation of those waters, making them unsuitable for uses such as fishing and swimming. At the time Congress passed the statute, however, some lakes, rivers, and streams had water quality that was better than what was needed to support these uses. An important question was whether the statute would limit discharges with the potential to impair these high quality waters. EPA’s anti-degradation policy sought to ensure …
Cases And Materials On Oil And Gas Law, 6th Ed.,
2011
University of Oklahoma Norman Campus
Cases And Materials On Oil And Gas Law, 6th Ed., John Lowe, Owen Anderson, Ernest Smith, David Pierce, Christopher Kulander
Owen L. Anderson
No abstract provided.
Building-Related Renewable Energy And The Case Of 360 State Street,
2011
University of Connecticut
Building-Related Renewable Energy And The Case Of 360 State Street, Sara Bronin
Sara C. Bronin
This Article argues that a well-conceived policy approach to building-related renewable energy (“BRRE”) — that is, renewable energy incorporated into inhabited structures and used by those structures’ occupants — could transform the way we produce and consume energy by maximizing efficiency while simultaneously minimizing energy sprawl. The vast majority of Americans favor renewable energy, at least in concept. Yet private property owners still face significant obstacles in trying to incorporate renewable energy into their projects. This Article analyzes barriers faced by the project team for 360 State Street, an award-winning, mixed-use LEED® Platinum building in downtown New Haven, Connecticut. Among …
Duties Of The Executive After Lesley V. Veterans Land Bd.,
2011
University of Oklahoma College of Law
Duties Of The Executive After Lesley V. Veterans Land Bd., Monika Ehrman
Monika U. Ehrman
No abstract provided.
Complex And Murky Spatial Planning,
2011
University of South Carolina
Human Flotsam, Legal Fallout: Japan's Tsunami And Nuclear Meltdown,
2011
University of Arkansas School of Law
Human Flotsam, Legal Fallout: Japan's Tsunami And Nuclear Meltdown, Robert B. Leflar, Ayako Hirata, Masayuki Murayama, Shozo Ota
Robert B Leflar
We report on our field research in Fukushima Prefecture in July 2011. We interviewed legal professionals and community leaders in Fukushima City and in towns inundated by the March 2011 tsunami and within a few kilometers of Fukushima No. 1 nuclear reactor. We catalogued many of the extensive variety of problems faced by Fukushima residents, both evacuees and those who remained in their homes. Many of these problems, both legal and non-legal, arose from government actions as the disaster unfolded and afterwards, including the administration of the initial program for provisional compensation for disaster victims. We learned that in the …
Implementing Environmental Justice In Appalachia: The Social And Cultural Context Of Mountaintop Removal Mining As Seen Through The Lenses Of Law And Documentaries,
2011
University of Pennsylvania
Implementing Environmental Justice In Appalachia: The Social And Cultural Context Of Mountaintop Removal Mining As Seen Through The Lenses Of Law And Documentaries, Evan Barret Smith
Evan Barret Smith
Mountaintop removal is a form of mining that has major effects on the ecology and people of central Appalachia. The practice has been gaining increasing attention from the EPA and popular cultural sources as an environmental justice issue. Recent decisions by the EPA incorporate an environmental justice analysis as contextualization, but the perspective provided is problematic. This Article compares the way that the social and cultural context of mountaintop removal has been framed in judicial opinions and EPA documents to understand how legal documents understand and perpetuate the conflicts related to mountaintop removal. To further widen the lens, seven documentary …
The Global Food System, Environmental Protection, And Human Rights,
2011
Seattle University
The Global Food System, Environmental Protection, And Human Rights, Carmen G. Gonzalez
Carmen G. Gonzalez
The global food system is exceeding ecological limits while failing to meet the nutritional needs of a large segment of the world’s population. While law could play an important role in facilitating the transition to a more just and ecologically sustainable food system, the current legal framework fails to regulate food and agriculture in an integrated manner. The international legal framework governing food and agriculture is fragmented into three self-contained regimes that have historically operated in isolation from one another: international human rights law, international environmental law, and international trade law. International trade law has taken precedence over human rights …
Organismos Genéticamente Modificados (Ogm) Y Justicia: Implicaciones De La Biotecnología Para La Justicia Ambiental Internacional,
2011
Seattle University
Organismos Genéticamente Modificados (Ogm) Y Justicia: Implicaciones De La Biotecnología Para La Justicia Ambiental Internacional, Carmen G. Gonzalez
Carmen G. Gonzalez
En septiembre del 2006, un panel de resolución de controversias de la Organizacón Mundial del Comercio (OMC) emitió su fallo a favor de los Estados Unidos en la disputa entre EE.UU y la Unión Europea sobre los organismos genéticamente modificados (OGM). El fallo se basó en limitadas determinaciones procedimentales, y no abordó el tema de la seguridad de los OGM, el derecho de los países de reglamentar los productos genéticamente modificados más rigurosamente que sus equivalentes convencionales, ni la coherencia de la legislacion europea con las obligaciones del OMC. El continuo conflicto entre los Estados Unidos y la Unión Europea …
A Learning Collaboratory: Improving Federal Climate Change Adaptation Planning,
2011
Brigham Young University Law School
A Learning Collaboratory: Improving Federal Climate Change Adaptation Planning, Alejandro E. Camacho
BYU Law Review
No abstract provided.
