Digital Commons Network^™

Planetarian Identity Formation And The Relocalization Of Environmental Law, Sarah Krakoff

Florida Law Review

Local food, local work, local energy production-all are hallmarks of a resurgence of localism throughout contemporary environmental thought and action. The renaissance of localism might be seen as a retreat from the world’s global environmental problems. This Article maintains, however, that some forms of localism are actually expressions, appropriate ones, of a planetary environmental consciousness. This Article’s centerpiece is an in-depth evaluation of local climate action initiatives, including interviews with participants, as well as other data and observations about their ethics, attitudes, behaviors, and motivations. The values and identities being forged in these initiatives form the basis for timely conceptions …

United States Flood Control Policy: The Incomplete Transition From The Illusion Of Total Protection To Risk Management, A. Dan Tarlock

All Faculty Scholarship

Until the mid-twentieth century, the story of modern flood control was the transition from adaptation to the inevitable to an expectation that government would provide maximum flood prevention and generous post-disaster relief for floodplain dwellers. For the last sixty years or so, the story has been the growing recognition, especially as the understanding of climate change has increased, that the goal of maximum protection is unobtainable because flood damage is an inevitable risk that can only be managed, but never totally avoided. Thus, we are now making the transition to the idea that we must manage floodplains through a combination …

Environmental Law At Maryland, No. 34, Fall 2012

Environmental Law at Maryland

No abstract provided.

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

Environmental and Energy Law Perspectives

No abstract provided.

Fall 2012 Utton Center Newsletter, Utton Center, University Of New Mexico - School Of Law

Publications

No abstract provided.

Democracy And Sustainability In Reconstructing Haiti: A Possibility Or A Mirage?, Irwin P. Stotzky, Brian Concannon Jr.

University of Miami Inter-American Law Review

No abstract provided.

Disaster Justice: The Geography Of Human Capability, Robert R.M. Verchick

Duke Environmental Law & Policy Forum

No abstract provided.

United States Flood Control Policy: The Incomplete Transition From The Illusion Of Total Protection To Risk Management, A. Dan Tarlock

Duke Environmental Law & Policy Forum

No abstract provided.

Coupling Environmental Justice With Carbon Trading, Joseph Lam

Sustainable Development Law & Policy

No abstract provided.

Offsetting Programs: Struggling To Find An Equitable Solution Internationally, Silvia Fejka

Sustainable Development Law & Policy

No abstract provided.

Editors' Note, Braunson Virjee, Chelsea Tu

Sustainable Development Law & Policy

No abstract provided.

Law Library Documentary Film Collection Pamphlet, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

Public Interest Law Film Festival

No abstract provided.

“Offsetting” Crisis? - Climate Change Cap-And-Trade Need Not Contribute To Another Financial Meltdown , Victor B, Flatt

Pepperdine Law Review

In 2009, the promise of a comprehensive federal cap and trade bill to address climate change fell apart. At least in part, this was due to the fears that exotic 'carbon' financial instruments might cause more financial crises. As California launches it economy wide carbon trading system, and other regional systems and the even possibly the EPA consider cap and trade, it is important to revisit what, if anything, about carbon denominated financial instruments might lead to financial market problems. The most problematic of the instruments, offsets, can be designed to lessen financial risk from underlying asset failure.

Juliet Christian-Smith & Peter H. Gleick, A Twenty-First Century U.S. Water Policy, Davis Wert

Water Law Review

No abstract provided.

Property Rights For Natural Resources Management In Indonesia: Have They Been Ruled Unconstitutional?, Sarah Waddell

Indonesia Law Review

A new property right known as the coastal waters commercial use right (Hak Pengusahaan Pengairan Pesisir (HP-3)) introduced by Law No. 27 of 2007 regarding the Management of Coastal and Small Island Areas has been ruled inoperative by the Constitutional Court. The decision raises a question as to whether the door has been closed to marketbased instruments that rely on property rights as a policy tool in natural resources management. This concern is relevant as legal developments in natural resources law internationally have moved away from traditional forms of regulation to focus on the creation of new statutory property rights …

Toward Equity: Prioritizing Vulnerable Communities In Climate Change , Beverly Wright, Earthea Nance

Duke Forum for Law & Social Change

No abstract provided.

A Just Transition: Lessons Learned From The Environmental Justice Movement, Caroline Farrell

Duke Forum for Law & Social Change

No abstract provided.

Growing Smaller & Cooler Without Exclusion Or Displacement, Michael Rawson, Mona Tawatao

Duke Forum for Law & Social Change

No abstract provided.

Comments Of The Center For Indian Law & Policy On Washington’S Fish Consumption Rate Technical Support Document, Catherine O’Neill

Faculty Articles

Comments Submitted to the Washington State Department of Ecology.

Fairness In The Bay: Environmental Justice And Nutrient Trading, Rena I. Steinzor, Robert R.M. Verchick, Nicholas W. Vidargas, Yee Huang

Faculty Scholarship

Maryland, Virginia, Pennsylvania and other states in the Chesapeake Bay region, with support from the Environmental Protection Agency, are working toward developing water quality trading programs intended to help meet federal pollution limits for the Bay. This white paper from the Center for Progressive Reform warns that even if a trading system succeeds in reducing overall pollution in the Bay, it might still have a dire effect on low-income and minority communities in the Bay region.

If trading programs are not carefully designed and monitored, trading can cause localized concentrations of nutrients and accompanying contaminants in local waters, posing a …

Co-Management Of Natural Resources By Indigenous People And States: A Method To Promote Environmental Justice And Sustainability, Bradford Morse

Global Environmental Law at a Crossroads

This paper will explore the potential contributions that could be made to achieving environmental justice, as well as local, regional and global efforts toward environmental sustainability, through embracing the concept of co-management of nature in which the natural world is a participant represented by those humans retaining traditional knowledge of sustainable co-existence. In particular, my focus will be on the potential of partnerships between settler governments with access to ‘modern’ scientific knowledge combining with Indigenous peoples relying on their ‘traditional’ ecological knowledge. I will examine how recent reinterpretation of longstanding international human rights, along with the development of international environmental …

Using Law To Advance Sustainability: The Law Of Sustainable Development, Carla D. Aceves-Avila

Global Environmental Law at a Crossroads

Sustainability and law as a social tool behold linkages that strengthen one another, although this conjunction is frail when analyzed under the typical standards and paradigm of most contemporary legal systems.

The role of law under sustainability must be carefully profiled and differentiated as compared to the rest of legal rules. Even though it is true that all legal rules are created and implemented with the main purpose of improving human interaction, the role of law oriented towards sustainability should be the protection and preservation of natural resources, elements, as well as the conditions associated to these in order to …

Environmental Justice And The Green Economy- Risks And Opportunities, Nathalie Chalifour

Global Environmental Law at a Crossroads

The last decade of environmental advocacy has been characterized by the application of economic principles to environmental challenges, resulting in an interest in using economic instruments to internalize environmental costs in decision-making and reflected in the growing use of concepts such as environmental valuation and resource productivity in policy choices. While many view this greater connection between economic principles and environmental decision-making as key to achieving sustainable development (eg. Keohane & Olmstead, 2007), others fear that the focus on the green economy may undermine goals of social equity and environmental justice (eg. Dobson, 1998; Langhelle, 2000; Hoedeman, 2012). This paper …

Environmental Justice In Nigeria's Oil Industry: Recognizing And Embracing Contemporary Legal Developments, Rhuks Ako

Global Environmental Law at a Crossroads

The legal framework regulating Nigeria’s oil industry is one of the major drivers of disputes and the consequent violent conflicts in the oil-rich Niger Delta region. The region has gone through different phases of peaceful and violent struggles as the indigenes of the region aim to achieve environmental justice. The amnesty initiative; the latest attempt to curb the militancy in the region that escalated the violence to new heights, is showing signs of systemic failure after a brief period of relative peace. Militancy in the region has begun to increase as attacks on oil facilities and installations are once again …

Governance And Environmental Democracy: A Global Policy, Carla Aceves-Avila

Global Environmental Law at a Crossroads

In legal terms, and through the late decades sustainable development has transformed from an economic development theory to a public policy obligation that in turn has also translated in practice into concrete rights and obligations in legal systems throughout the world. These rights and obligations apply both to individuals and governments through constitutional, civil, administrative, commercial and even criminal legal rules.

Environmental law has become an essential tool for governance and administration of sustainable development while environmental democracy and its elements are becoming essential for a safe and sound planetary cohabitation. Environmental democracy provides the basis for the policies and …

Sustainable Management: A Sustainable Ethic?, Trevor Daya-Winterbottom

Global Environmental Law at a Crossroads

New Zealand is a country rich in biodiversity and natural resources, steeped in Maori culture and indigenous values, that legislated for sustainable management under the Resource Management Act 1991. Despite the rhetoric of sustainable management, environmental law and governance in New Zealand continue to grapple with persistent challenges:

· New Zealand is a significant contributor to global biodiversity but has one of the highest species extinction rates due to continued habitat loss and invasion by pest species.

· While New Zealand has a plentiful supply of clean freshwater, water demand from agriculture and urban growth is increasing and water quality …

The Main Track Of The Development Of Environmental Framework Law: From The Conference On The Human Environment To The Conference On Environment And Development, Li Zhi Ping

Global Environmental Law at a Crossroads

The United Nations' Conference on Human Environment launched a new era of global environmental protection; one of its significant impacts on the world is driving the emergence and promoting the development of the environment framework law. Look back to the history, two peaks appeared in the development process of national environmental framework law, the first one arises after the 1972 United Nations Conference on the Human Environment, the second one arises after the 1992 United Nations Conference on Environment and Development. These two conferences have been able to play such an important role, because they brought together the human intelligence, …

"Crucial As Bread": Remembering Rhonda Copelon's Pioneering Work, Yifat Susskind

City University of New York Law Review

No abstract provided.

Federal Constraints: Possible Constitutional Hurdles To Cross-Border Cap-And-Trade,, Shelley Welton

Faculty Publications

No abstract provided.

Summer 2012 Utton Center Newsletter, Utton Center, University Of New Mexico - School Of Law

Publications

No abstract provided.