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Environmental Damages After The Federal Environmental Enforcement Act: Bringing Ecosystem Services To Canadian Environmental Law?, Martin Z. P. Olsynski

Osgoode Hall Law Journal

The Canadian Environmental Enforcement Act [EEA] directs judges to consider actual environmental damage, or risk thereof, when setting fines for environmental offences. The EEA defi nes damage as including the loss of use and non-use values. While these terms are not unprecedented in Canadian environmental law, their use in environmental damage assessment is. Bearing in mind recent developments in environmental valuation in the United States and internationally, and considering the emergence of the “ecosystem services” paradigm in particular, this article explores the opportunities and challenges for ecosystem services based environmental damages assessment in the Canadian environmental sentencing context. The ecosystem …

Forests, Protected Areas And The Payment For Ecosystem Services: Reserva Do Juma (State Of Amazonas- Brazil), Solange Teles Da Silva, Danielle De Ouro Mamed

Global Environmental Law at a Crossroads

In the State of Amazonas, the Climate Change, Environmental Conservation and Sustainable Development Policy Act adopted by State Law n. º 3.135/2007 has created a Program called “Bolsa Floresta”. In a pioneering way, this program was established with the aim of starting the payment for environmental services and products to traditional communities for the sustainable use of natural resources, conservation, environmental protection and encouragement of voluntary policies to reduce deforestation. This Program of “compensation” - “Bolsa Floresta” - is divided into four types: a) “Bolsa Floresta” Family b) “Bolsa Floresta” Association c) “Bolsa Floresta” Social and, d) “Bolsa Floresta” Income. …

Environmental Justice Issues In Sustainable Development: Environmental Justice In The Renewable Energy Transition, Uma Outka

Journal of Environmental and Sustainability Law

No abstract provided.

Table Of Contents

Journal of Environmental and Sustainability Law

No abstract provided.

Title Page

Journal of Environmental and Sustainability Law

No abstract provided.

Sustainability As A Means Of Improving Environmental Justice, John C. Dernbach, Patricia E. Salkin, Donald A. Brown

Journal of Environmental and Sustainability Law

No abstract provided.

Environmental Law, Civil Rights And Sustainability: Three Frameworks For Environmental Justice, Eileen Gauna

Journal of Environmental and Sustainability Law

No abstract provided.

A Mighty Wind: The Turbulent Times Of America's First Offshore Wind Farm And The Inverse Of Environmental Justice, M.W. Marinakos

Environmental and Earth Law Journal (EELJ)

In 2001, Cape Wind Associates announced its proposal to construct America’s first offshore wind farm in the federal waters of Nantucket Sound. This declaration touched off a storm of law suits, fund raising, and protests in the press that still rages to this day. Political pundits and environmental groups of every stripe have taken some surprising positions, based solely on the location of the renewable energy source. The Alliance to Protect Nantucket Sound, posing as an environmental concern, has risen as the archrival to the wind farm. Interestingly, a closer look under the surface of this group reveals a financial …

Environmental Justice On My Mind: Moving Georgia's Environmental Protection Division Toward The Consideration Of Enviornmental Justice In Permitting, David Deganian

Environmental and Earth Law Journal (EELJ)

Under the Obama Administration, the Environmental Protection Agency (EPA) is leading efforts to incorporate environmental justice measures into its inner-workings. So, too, are numerous other federal agencies. These efforts, however, have little practical effect at the state level where sources of pollution, such as coal-fired power plants and other industrial facilities are granted permits to pollute. Under the cooperative federalism framework that exists today, the federal government cannot directly compel states to consider environmental justice unless such action is required by federal law. Thus, federal guidance pertaining to environmental justice will do little to prevent the pattern of siting pollution …

The Village Of Kivalina Is Falling Into The Sea: Should Cercla Section 9626(B) Be Available To Move The Village From Harm's Way?, Robert J. Martin

Environmental and Earth Law Journal (EELJ)

The Village of Kivalina, and other similarly situated Native Alaska villages, are in danger of falling into the sea. Regional climate change is melting the permafrost that acts as the foundation of their communities. Sea ice that once acted as a barrier during storm season today melts earlier, and erosion rates are increasing. Kivalina’s situation is further worsened by the threat of contamination from a nearby open dump. Without permanent relocation, Kivalina and its residents face imminent harm.

Congress has given the President authority to permanently relocate an Indian tribe or Alaska Native village under CERCLA Section 9626(b). This article …

Mossville Environmental Action Now V. United States: Is A Solution To Environmental Injustice Unfolding?, Jeannine Cahill-Jackson

Pace International Law Review Online Companion

This article chronicles and analyzes the Inter-American Commission on Human Rights (IACHR) case resulting from the petition: Mossville Environmental Action Now v. United States. Part I illuminates the harms faced by the residents of Mossville and the little that has been done to remedy their situation. It provides an in-depth look at the data that has been collected by the U.S. government and analyzed by the members of Mossville Environmental Action Now, which shows levels of dioxin contamination in both the people and the environment of Mossville and their significance. Part I also discusses environmental racism and environmental justice …

Environmental And Energy Law Perspectives: Spring 2012, Environmental And Energy Law Program

Environmental and Energy Law Perspectives

No abstract provided.

The Environmental And Social Injustice Of Farmworker Pesticide Exposure, Joan D. Flocks

UF Law Faculty Publications

Farmworkers in the United States are recognized as an environmental justice community. The farmworker population is low-income and primarily Hispanic, and is at a disproportionate risk from exposure to an environmental contaminant pesticides. Farmworkers face distributional, procedural, corrective, and social challenges with this exposure, as is common with other environmental justice communities. Social challenges include socioeconomic and political inequities that are grounded in the historical domination of the agricultural industry over its labor force. The production and use of pesticides is a function of the economic priorities of industry. Employers profit from pesticide use and are able to maximize their …

Are Climate Change Policies Fair To Vulnerable Communities? The Impact Of British Columbia's Carbon Tax And Australia's Carbon Pricing Policy On Indigenous Communities, Karen Bubna-Litic, Nathalie J. Chalifour

Dalhousie Law Journal

This paper compares carbon pricing policies in British Columbia and Australia in order to identify differences between carbon taxes and emissions trading schemes (ETS) from a fairness perspective. We examine how taxes and trading systems impact indigenous communities in both jurisdictions. While the regressivity of carbon pricing is a critical part of any fairness assessment, we argue that socioeconomic and cultural factors must also be taken into consideration. We discuss the importance of accompanying carbon pricing with policies that mitigate not only distributional impacts, but also additional impacts. These may be funded by the revenue generated by the policy or …

Can Volunteers Pick Up The Slack? Efforts To Remedy Knowledge Gaps About The Watershed Impacts Of Marcellus Shale Gas Development , Abby J. Kinchy, Simona L. Perry

Duke Environmental Law & Policy Forum

No abstract provided.

The Aclu And The Propriety Of Dispute Resolution In Civil Rights Controversies, Amber Mckinney

Pepperdine Dispute Resolution Law Journal

Section I examines the history, purpose, and methodology of the American Civil Liberties Union. Section II discusses the historical development and use of Alternative Dispute Resolution. Section III, Part A provides examples of its use in environmental controversies, Americans with Disabilities Act disputes, and employment conflicts. Section III, Part B explains the arguments for and against the use of Alternative Dispute Resolution in Civil Rights Controversies. Section IV, Part A looks at examples of the use of Alternative Dispute Resolution by the American Civil Liberties Union, while Part B provides insight into the interplay of Alternative Dispute Resolution and the …

Climate Change And Small Island States: Adr Ift In A Raising Sea Of Legal Uncertainty, Jeremy Kelley

Sustainable Development Law & Policy

No abstract provided.

Nepa And The "Beneficial Impact" Eis, Shaun A. Goho

William & Mary Environmental Law and Policy Review

The National Environmental Policy Act (“NEPA”) requires that federal agencies prepare an environmental impact statement (“EIS”) for any major federal action “significantly affecting the quality of the human environment.” Some courts—in dicta—and some commentators have suggested that agencies must prepare an EIS for actions that will have significant beneficial impacts on the environment but no significant adverse impacts. In a recent case, the Ninth Circuit declined to address this question, but suggested that there was a circuit split on the issue.

In this Article, I argue that agencies do not need to prepare such a “Beneficial Impact” EIS. First, there …

Activism Is The New Black! Demonstrating The Benefits Of International Celebrity Activism Through James Cameron's Campaign Against The Belo Monte Dam, Jacquelyn Amour Jampolsky

Colorado Environmental Law Journal

No abstract provided.

Carrots And Sticks, From President Obama’S Solyndra And Beyond, Paul Boudreaux

Washington and Lee Journal of Energy, Climate, and the Environment

No abstract provided.

Integrating Community Knowledge Into Environmental And Natural Resource Decision-Making: Notes From Alaska And Around The World, Elizabeth Barrett Ristroph

Washington and Lee Journal of Energy, Climate, and the Environment

Community knowledge (including traditional, local, and indigenous knowledge) has a role to play in government agency decisions regarding the environment and natural resources. This article considers the benefits of using community knowledge, as well as obstacles to collecting this knowledge and integrating it with Western science. The article further discusses how federal agencies in Alaska use community knowledge and laws that potentially affect this use (including the Data Quality Act). Finally, the article provides recommendations for agencies to consider in collecting and using community knowledge.

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.

Reflecting On Measured Deliberations, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

“Environmental law is essential for the protection of natural resources and ecosystems and reflects our best hope for the future of our planet”. This declaration, made by participants at the Rio+20 World Congress on Justice, Governance and Law for Environmental Sustainability, reflects the maturing of environmental law around the world. Usually implicitly, but often explicitly, the deliberations at Rio+20 in June 2012 addressed the dual needs for more effective implementation of existing environmental norms and enacting further laws to stem global degradation of the environment. Rio+20 recommended that, in the autumn of 2012, the United Nations General Assembly (UNGA) act …

The Rio+20 Process: Forward Movement For The Environment?, Ann Powers

Elisabeth Haub School of Law Faculty Publications

This commentary summarizes the events at the recent UN Conference on Sustainable Development, commonly referred to as Rio+20, noting both the role of official national delegations and the diversity of non-state parties that were involved in a variety of venues at and around Rio+20. It sketches the background of sustainable development efforts, maps the road from the original 1992 Rio Earth Summit to the 20th anniversary gathering, and comments on the Conference’s outcomes and their implications for international law and legal institutions. In answer to the much debated question of whether the Rio+20 was a success or a failure, or …

Arctic Justice: Addressing Persistent Organic Pollutants, Elizabeth Burleson

Elisabeth Haub School of Law Faculty Publications

This article recommends enhanced governance of persistent organic pollutants through incentives to develop environmentally sound, climate friendly technologies as well as caution in developing the Arctic. It highlights the toxicity challenges presented by POPs to Arctic people and ecosystems.

Creating A Category Under The Kyoto Protocol Based On Non Emissions, Erin Sedloff

UC Law Environmental Journal

No abstract provided.

Neoliberal Land Conservation And Social Justice, Jessica Owley

Articles

No abstract provided.

The Cincinnati Environmental Justice Ordinance: Proposing A New Model For Environmental Justice Regulations By The States, Jeannette De Guire

Cleveland State Law Review

The majority of environmental justice policies today exist as extremely decentralized municipal ordinances or as extremely centralized government agency strategies. Each system of regulation presents distinct advantages. Therefore, an analysis of the City of Cincinnati Environmental Justice Ordinance within the context of the ongoing debate between the benefits of centralized versus decentralized environmental regulations (the centralization-decentralization debate) examines the advantages of each scheme of regulations more extensively. However, each argument in favor of one type of regulation represents a disadvantage of the other, so this Note argues that by implementing environmental justice regulations at the state level, with the Cincinnati …

The Legal Roadmap For Environmental Sustainability In Africa: Expansive Participatory Rights And International Environmental Justice, Alali Tamuno

Dissertations & Theses

The primary goal of this study is to strengthen the participatory environmental rights model in Principle 10 of the Rio Declaration on Environment and Development and similar regional provisions and to promote International Environmental Justice. The first part of the argument in this dissertation is that the three pillars of participatory environmental rights in Principle 10 of the Rio Declaration on Environment and Development and similar regional provisions need to be strengthened with a fourth environmental rights pillar in the form of a right of access to broad environmental education, which includes anti-corruption education, especially public sector corruption, in order …

The Global Food System, Environmental Protection, And Human Rights, Carmen G. Gonzalez

Faculty Articles

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 …