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New Directions In Environmental Justice, Randall S. Abate, Moderator, Robert Abrams, Moderator, Marcia Allen Owens, Moderator

Lectures and Presentations

The inaugural Environmental Law and Justice Symposium will feature an overview of the latest international, national, regional, state and local developments in environmental justice.

Environmental Perspectives: Fall 2010, Environmental Law Program

Environmental and Energy Law Perspectives

No abstract provided.

Developing An Ecological Social Justice Framework For Ocean Energy Technologies: Case Studies From The Phillipines, Jay Batongbacal

PhD Dissertations

Unless subjected to skeptical and conscious scrutiny, environmentally-friendly ocean energy technologies can become Trojan machines of social inequity due to the subtle re-organizing influences of technologies on culture and the society. Environmental laws that promote or regulate ocean energy technologies can act as Trojan legal regimes in the absence of a framework for assessing and anticipating their adverse impacts on social justice. Environmental justice is inadequate for this task, so an alternative framework is proposed: ecological social justice, drawn from the Third Worlds perspective of sustainable development as equitable sharing. Though overshadowed by the prevalent notion of sustainable development as …

Poisoning The Poor For Profit: The Injustice Of Exporting Electronic Waste To Developing Countries, Eric V. Hull

Duke Environmental Law & Policy Forum

No abstract provided.

Gas Flaring In Nigeria‘S Niger Delta: Failed Promises And Reviving Community Voices, Eferiekose Ukala

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

This Note examines the use of litigation to stop gas flaring in Nigeria’s Niger Delta, and proposes an alternative solution to the ongoing gas flaring in the Niger Delta region. In exploring an alternative solution, this Note (1) details the history of gas flaring in Nigeria; (2) discusses Nigeria’s gas-flaring legislation and its implementation; (3) analyzes the impact that landmark gas flaring cases have had on the stoppage of gas flaring; and (4) details how litigation has been used as a tool to combat gas flaring, juxtaposing the concept of the rule of law. This Note concludes by suggesting that …

The Improbability Of Meaningful Climate Change Regulation: A Constructivist Understanding Of The Global Commons And The Need For U.S. Leadership, Stacey Valentine

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

Climate change is a topic that permeates today’s scientific, political, and social discourse. It is a term that is both widely known and hotly debated across the country and across the globe. While an ever-increasing majority of the scientific and political realms has come to the conclusion that meaningful climate change regulation is necessary to prevent negative repercussions across the globe, there is little consensus on what that regulation should look like or how to bring it about. The nature of greenhouse gases, or GHGs, makes international cooperation a must if the world hopes to prevent and avoid the experts’ …

Using The Federal Communication Commission’S Tower Construction Notification System As A Model For Siting Nuclear Waste On Native American Land, Casey Zivin

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

Since the advent of nuclear power in the United States in the mid-20th century, the federal government has struggled to find a suitable location to store the hazardous waste associated with nuclear power generation. In 1991, in an attempt to solve the problem of storing nuclear waste, the federal government created grant programs which offered funding to states and Native American tribes who volunteered to store nuclear waste on their lands. One tribe in particular, the Skull Valley Goshute of Utah, viewed storing nuclear waste as an opportunity to infuse their reservation with monies. Further, because tribes enjoy sovereign status …

South/North Exchange Of 2009 - The Challenges Of Climate Change Regulation For Governments On The Political Left: A Comparison Of Brazilian And United States Promises And Actions, Colin Crawford, Solange Teles Da Silva, Kevin Morris

Pace International Law Review Online Companion

No abstract provided.

Climate Refugees Require Relocation Assistance: Guaranteeng Adequate Land Assets Through Treaties Based On The National Adaptation Programmes Of Action, Holly D. Lange

Washington International Law Journal

Rising ocean levels in the South Pacific threaten thousands of inhabitants with displacement. Many of these small Pacific island states lack available land to internally accommodate displaced individuals. Thus, thousands of “climate refugees” will be forced to move off their island homes and, without provisions of adequate land rights, will most likely end up in refugee camps in other countries. Climate change exemplifies an inherently global challenge. Developed countries produce disproportionately more greenhouse gases, and developing countries lack resources to adequately respond to climatic displacement. International treaties establish a legal responsibility to assist developing states adapt to climate change. However, …

Public Nuisance Suits For The Climate Justice Movement: The Right Thing And The Right Time, Randall S. Abate

Washington Law Review

The climate justice movement seeks to provide relief to vulnerable communities that have been disproportionately affected by climate change impacts. Public nuisance litigation for climate change impacts is a new and growing field that could provide the legal and policy underpinnings to help secure a viable foundation for climate justice in the United States and internationally. By securing victories in the court system, these suits may succeed where the domestic environmental justice movement failed in seeking to merge environmental protection and human rights concerns into an actionable legal theory. This Article first examines the nature and scope of the climate …

Environmental Law At Maryland, No. 29, Spring 2010

Environmental Law at Maryland

No abstract provided.

Coasean Blind Spots: Charting The Incomplete Institutionalism, Gregg P. Macey

Faculty Scholarship

No abstract provided.

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 …

Pining For Sustainability, Timothy M. Mulvaney

University of Richmond Law Review

In the legal academic community, there are significant positive signs demonstrating attention to sustainable practices, from course offerings to many day-to-day operations. Scholarly research also reflects this positive trend. Much of this recent scholarship assesses sustainability-focused regulatory and normative efforts to address the impacts associated with a warming planet in marked detail, and there is an additional plethora of writing on the many topics beyond the changing climate that raise sustainability questions.

Finding The Proper Forum For Regulation Of U.S. Greenhouse Gas Emissions: The Legal And Economic Implications Of Massachusetts V. Epa, George F. Allen, Marlo Lewis

University of Richmond Law Review

No abstract provided.

Climate Change Consensus: Emerging International Law, Elizabeth Burleson

William & Mary Environmental Law and Policy Review

No abstract provided.

Rembering Professor Luke W. Cole, 1962-2009, Editor

UC Law Environmental Journal

No abstract provided.

From The Greenhouse To The Poorhouse: Carbon Emissions Control And The Rules Of Legislative Joinder, David A. Super

Faculty Scholarship

Pending legislation to address carbon emissions would include large subsidies for existing emitters. These subsidies make little sense economically or politically. Worse, they divert resources needed to address two crucial issues that the proposed legislation largely ignores: the impact of raising carbon costs on low-income people and the massive structural federal deficit. A carbon tax or cap-and-trade system would increase costs substantially not only for transportation but for food and housing. With poverty rising even before the current economic downturn, these price increases’ consequences could be dire. The structural deficit will require deflationary tax increases or spending cuts. Combining carbon …

The Evolution Of Natural Resources Law And Policy, Lawrence J. Macdonnell, Sarah F. Bates

Books, Reports, and Studies

This digital resource contains only an abstract, cover image and table of contents information from the published book.

Print copy of book is available in the University of Colorado’s Wise Law Library: http://lawpac.colorado.edu/record=b444104~S0

Contents: Introduction / Bruce Babbitt -- PART I : REFLECTIONS ON NATURAL RESOURCES LAW AND POLICY: Historical evolution and future of natural resources law and policy / Sally Fairfax, Helen M. Ingram, Leigh Raymond -- Ethical perspectives on resources law and policy : global warming and our common future / Sarah Krakoff -- Why care about the polar bear? : economic analysis of natural resources law and …

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.

The Plenary Power Of States To Protect Citizens From Environmental Hazards: Who's Failing? New York State: A Case In Point, Tonya R. Lewis

Buffalo Environmental Law Journal

No abstract provided.

Managing Transboundary Natural Resources: An Assessment Of The Need To Revise And Update The Columbia River Treaty, Matthew Mckinney Ph.D., Lorie Baker, April M. Buvel, Andy Fischer, Dana Foster, Christine Paulu

UC Law Environmental Journal

No abstract provided.

Commentary On Achim Steiner's 2009 Grotius Lecture, Dinah Shelton

American University International Law Review

No abstract provided.

Commentary: Environmental Justice And The Bp Oil Spill: Does Anyone Care About The "Small People" Of Color?, Perry Wallace

The Modern American

No abstract provided.

From Bali To Copenhagen: Towards A Shared Vision For A Post-2012 Climate Regime?, Jutta Brunnée

Maryland Journal of International Law

No abstract provided.

Siting Green Infrastructure: Legal And Policy Solutions To Alleviate Urban Poverty And Promote Healthy Communities, Alexandra Dapolito Dunn

Elisabeth Haub School of Law Faculty Publications

Green infrastructure is an economically and environmentally viable approach for water management and natural resource protection in urban areas. This Article argues that green infrastructure has additional and exceptional benefits for the urban poor which are not frequently highlighted or discussed. When green infrastructure is concentrated in distressed neighborhoods—where it frequently is not—it can improve urban water quality, reduce urban air pollution, improve public health, enhance urban aesthetics and safety, generate green collar jobs, and facilitate urban food security. To make these quality of life and health benefits available to the urban poor, it is essential that urban leaders remove …

Public Trust Limits On Greenhouse Gas Trading Schemes: A Sustainable Middle Ground?, Karl S. Coplan

Elisabeth Haub School of Law Faculty Publications

There is a some consensus among economists, environmentalists, and politicians that some form of “cap and trade’ program is the appropriate regulatory mechanism to achieve the greenhouse gas emissions reductions necessary to avoid disastrous global climate disruptions. “Cap and trade” programs necessarily incorporate tradable emissions rights – essentially tradable rights to pollute. As such, they run into principled objection by some environmentalists who oppose the notion of creating economic rights in the global commons – essentially the “right to pollute.” This principled objection derives doctrinal support from the public trust doctrine – the ancient notion rooted in common law and …

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

Elisabeth Haub School of 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).

Eleventh Annual Grotius Lecture Series: Focusing On The Good Or The Bad: What Can International Environmental Law Do To Accelerate The Transition Towards A Green Economy? , Achim Steiner

American University International Law Review

No abstract provided.

Volume 6 Issue 2

The Modern American

No abstract provided.