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Is Religion The Environment’S Last Best Hope? Targeting Change In Individual Behavior Through Personal Norm Activation, Stephen M. Johnson

Articles

This Article explores the important role that religious organizations have played, and can play, in personal norm activation to influence change in individuals’ environmentally destructive actions. Part I of the Article describes the need for regulating or targeting individuals, in addition to industrial sources, in order to address many of the remaining significant environmental problems. Part II examines the advantages and disadvantages of targeting individual actions through command-and-control regulation, economic-based alternatives, and information disclosure programs. Part III outlines the concept of norm activation and details the manner in which information disclosure programs can be used to activate personal norms to …

The Politics Of Trash, Daniel Shean

Buffalo Environmental Law Journal

No abstract provided.

After The Denial, Tom Athanasiou

UC Law Environmental Journal

No abstract provided.

Could Litigation Help Torres Strait Islanders Deal With Climate Impacts?, Donna Green, Kirsty Ruddock

Sustainable Development Law & Policy

No abstract provided.

Courts As Champions Of Sustainable Development: Lessons From East Africa, Patricia Kameri-Mbote, Collins Odote

Sustainable Development Law & Policy

No abstract provided.

Towards A Jurisprudence Of Sustainable Development In South Asia: Litigation In The Public Interest, Shyami Fernando Puvimanasinghe

Sustainable Development Law & Policy

No abstract provided.

China's Environmental Problems: Is A Specialized Court The Solution?, Darcey J. Goetz

Washington International Law Journal

China’s economic growth has come at a high price: environmental and natural resource destruction. Presently, China’s legal system is not prepared to protect China’s environmental resources. China’s State Council has expressed an interest in establishing a civil and administrative system to manage environmental matters. Some of the objectives expressed by the State Council could be achieved by creating a special tribunal to address environmental issues, similar to New Zealand’s Environment Court. A specialized court promotes environmental protection, and specialization creates experts in a specific field, allowing for consistency among decisions. An environmental court will fit into China’s current legal system …

A River Beckons Home, Alexandra Dapolito Dunn

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

Using Local Knowledge To Shrink The Individual Carbon Footprint, Katrina Fischer Kuh

Elisabeth Haub School of Law Faculty Publications

Entire texts have been devoted to exploring the meaning of the term “lifestyle” and sociological understandings of lifestyle are complex and nuanced.For present purposes, however, a more simple articulation of the term will suffice. Lifestyle can mean “mode of living,” including “patterns of action” and “patterns of ways of living.” Without rendering judgment, one observation that can fairly be made about the current lifestyles and associated behaviors of Americans is that they indirectly and directly lead to the emission of a high volume of greenhouse gases (“GHGs”).⁷ Although an American diplomat is said to have remarked in preparing for …

Healthy Planet, Healthy People: Integrating Global Health Into The International Response To Climate Change, Lindsay Wiley

Scholarly Articles in Law Reviews & Journals

The potentially groundbreaking negotiations currently underway on the international response to climate change and national implementation of commitments under the United Nations Framework Convention on Climate Change (UNFCCC) include a number of hotly contested issues: (1) what degree of climate change is acceptable as a basis for emissions targets, (2) to what extent and in what ways climate change mitigation should incorporate emissions reductions or increased sinks for developing countries, (3) whether the legal regime governing mitigation can take advantage of the huge mitigation potential of changed practices in the land use and agricultural sectors, (4) how adaptation should be …

Confronting A Rising Tide: A Proposal For A Convention On Climate Change Refugees, Bonnie Docherty, Tyler Giannini

Sabin Center for Climate Change Law

This Article proposes a new legal instrument to confront the issue of climate change refugees. It defines climate change refugees as people whom climate change forces to relocate across national borders. The existing international legal framework – including its laws and its institutions – does not adequately address the emerging crisis. The proposed instrument should create obligations to deal with both prevention and remediation of the climate change refugee problem. First, the instrument should establish guarantees of human rights protections and humanitarian aid for a specific class of people. Second, it should spread the burden of fulfilling those guarantees across …

Our Bandit Future? Cities, Shantytowns, And Climate Change Governance, Colin Crawford

Fordham Urban Law Journal

This Article seeks to begin to define a role for cities and their inhabitants in climate change governance. Part I argues that if there is a failure to take into account global urbanization and its defining characteristics, namely extreme squalor and associated social ills, as a central feature of climate change policy, we face a future where cities will experience sustained and perhaps intractable urban violence and social disintegration, a development that can only hasten the separate but related harms caused by climate change on the world’s human and biological populations. Part II explores some of the consequences of the …

Keeping Ethical Investment Ethical: Regulatory Issues For Investing For Sustainability, Benjamin J. Richardson

Articles & Book Chapters

Regulation must target the financial sector, which often funds and profits from environmentally unsustainable development. In an era of global financial markets, the financial sector has a crucial impact on the state of the environment. The long-standing movement for ethically and socially responsible investment (SRI) has recently begun to advocate environmental standards for financiers. While this movement is gaining more adherents, it has increasingly justified responsible financing as a path to be prosperous, rather than virtuous. This trend partly owes to how financial institutions view their legal responsibilities. The business case motivations that now predominantly drive SRI are not sufficient …

Gender-Benders': Sex And Law In The Constitution Of Polluted Bodies, Dayna Nadine Scott

Articles & Book Chapters

This paper explores how law might conceive of the injury or harm of endocrine disruption as it applies to an aboriginal community experiencing chronic chemical pollution. The effect of the pollution in this case is not only gendered, but gendering: it seems to be causing the ‘production’ of two girl babies for every boy born on the reserve. This presents an opening to interrogate how law is implicated in the constitution of not just gender but sex. The analysis takes an embodied turn, attempting to validate the real and material consequences of synthetic chemicals acting on bodies — but uncovers …

Seven Things The New Epa Administrator Should Do, Michael B. Gerrard

Faculty Scholarship

In view of the dramatic shift in the nation's environmental policy that is presaged by the ascension of Barack Obama, I have been asked to suggest several actions that should be undertaken by the new administrator of the Environmental Protection Agency (EPA).

This article was written on Jan. 26, 2009, six days after the inauguration. It is to appear in March. Thus every reader will know something that, today, I don't – what long-pent-up actions were taken by President Obama shortly after he moved into the Oval Office. But I am guessing that by the time this article appears, Lisa …

Comment On Developing A Comprehensive Approach To Climate Change Mitigation Policy In The United States: Integrating Levels Of Government And Economic Sectors, Michael B. Gerrard

Faculty Scholarship

The article by Thomas D. Peterson, Robert B. McKinstry Jr., and John C. Dernbach (PM&D) has two central insights: (1) Any serious national effort to control emissions of greenhouse gases (GHGs) must continue to leave important roles to the states; and (2) It would be a mistake to put too many eggs in the cap-and-trade basket. A portfolio approach that utilizes many different regulatory techniques is important.

I certainly agree with PM&D about these insights, and they are correct that much of the current Congressional debate has given too little attention to these considerations. However, I have serious reservations about …

Streamlining Nepa To Combat Global Climate Change: Heresy Or Necessity?, Irma S. Russell

Faculty Law Review Articles

This article discusses the impact of the National Environmental Policy Act (NEPA) on the development of noncarbon energy sources and raises the question of whether the NEPA process should be altered to bring clean power online faster. The article examines the ability of the market to respond to the call for rapid adaptation to climate change and for rapid development of noncarbon sources of energy, given the regulatory environment and existing regulatory treatment of NEPA processes. In addition, the article examines examples of current streamlining of the NEPA process in the energy arena. The author notes arguments for and against …

Public Access To Spatial Data On Private-Land Conservation, Jessica Owley, Amy Wilson Morris, Adena R. Rissman

Articles

No abstract provided.

Collision Course - Science, Law, And Regulation In The Emerging Science Of Low Dose Toxicity, Jody A. Roberts

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Raising Environmental Justice Claims Through The Law Of Public Nuisance, Mandy Garrells

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Permitting Under The Clean Air Act: How Current Standards Impose Obstacles To Achieving Environmental Justice, Annise Katherine Maguire

Michigan Journal of Race and Law

Most studies about the environmental justice movement focus on the disproportionate share of environmental burdens minority and low-income populations bear, the negative effects of an unequal distribution of undesirable land uses, and how industry contributes to the adverse impacts suffered by the communities. Unfortunately, trying to prove that an injury was caused by actions of a nearby facility is difficult, and this approach has yielded few legal victories for environmental justice communities. While it is important to remain focused on how environmental justice communities are disproportionately impacted by undesirable land uses, the analysis must shift if the law is to …

The Human Right To A Green Future: Environmental Rights And Intergenerational Justice (Book Review), Darla Jackson

Other Faculty Publications

No abstract provided.

Beyond A Politics Of The Possible? South-North Relations And Climate Justice, Karin Mickelson

All Faculty Publications

This symposium’s issue on ‘Climate Justice and International Environmental Law: Rethinking the North–South Divide’ asks contributors to explore the intersection between law and emerging ideas of climate justice, and how international environmental law is shaped by and in turn reshapes (or fixates, or interrogates) our understandings of the North–South divide. In relation to the former, the author posits that there appears to be a profound disconnect between the law and the politics of climate change, one that reflects a broader disconnect between those who view the challenge posed by climate change through an ethical lens, and those who see it …

The Globalization Of Environmental Law, Robert V. Percival

Faculty Scholarship

Legal systems across the globe are responding to environmental concerns in surprising new ways. As nations upgrade their environmental standards, some are transplanting law and regulatory policy innovations derived from the experience of other countries, including nations with very different legal and cultural traditions. New national, regional, and international initiatives have been undertaken both by governments and private organizations. Greater cross-border collaboration between government officials, nongovernmental organizations, multinational corporations and other entities is shaping environmental policy in ways that blur traditional private/public/and domestic/international distinctions. The result has been the emergence of a kind of “global environmental law”-law that is neither …

Linking Land Use With Climate Change And Sustainability Topped State Legislative Land Use Reform Agenda In 2008, Patricia E. Salkin

Scholarly Works

Linking land use with climate change and sustainability topped state legislative land use reform agenda in 2008. The only discernible state land use reform trends in 2008 have focused primarily on themes surrounding sustainability. Many states pursued statutory reforms to address the strong linkages between land use and climate change, green development and affordable housing. Only one state, Michigan, focused on recodification of its planning and zoning enabling acts.

Reclaiming International Law From Extraterritoriality, Austen L. Parrish

Articles by Maurer Faculty

A fierce debate ensues among leading international law theorists that implicates the role of national courts in solving global challenges. On the one side are scholars who are critical of international law and its institutions. These scholars, often referred to as Sovereigntists, see international law as a threat to democratic sovereignty. On the other side are scholars who support international law as a key means of promoting human and environmental rights, as well as global peace and stability. These scholars are the 'new' Internationalists because they see non-traditional, non-state actors as appropriately enforcing international law at the sub-state level. The …

Using Empirical Research To Design Government Citizen Participation Processes: A Case Study Of Citizens' Roles In Environmental Compliance And Enforcement, David Markell, Tom R. Tyler

Scholarly Publications

No abstract provided.

The History And Adjudication Of The Antonio Chavez Grant, Mark Schiller

Natural Resources Journal

No abstract provided.

“Everybody Loves Trees”: Policing American Cities Through Street Trees, Irus Braverman

Duke Environmental Law & Policy Forum

No abstract provided.

Protecting Public Health And The Environment By The Stroke Of A Presidential Pen: Seven Executive Orders For The President's First 100 Days, Eileen Gauna

Faculty Scholarship

This white paper recommends a series of seven Executive Orders to the new Administration, all in the areas of health, safety, and the environment. Each of the suggested Executive Orders directs agencies of the government to take specific steps that would make a realworld difference and simultaneously send a signal to the public, Congress, the business community, and others that a new course has been charted and that change has arrived.