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Save Ourselves: The Environmental Case That Changed Louisiana, Oliver A. Houck Feb 2012

Save Ourselves: The Environmental Case That Changed Louisiana, Oliver A. Houck

Louisiana Law Review

No abstract provided.


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 Jan 2012

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.


Transcanada's Keystone Xl Pipeline: Politics, Environmental Harm & Eminent Domain Abuse, Ryan Harrigan Jan 2012

Transcanada's Keystone Xl Pipeline: Politics, Environmental Harm & Eminent Domain Abuse, Ryan Harrigan

University of Baltimore Journal of Land and Development

No abstract provided.


Carrots And Sticks, From President Obama’S Solyndra And Beyond, Paul Boudreaux Jan 2012

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 Jan 2012

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.


The Saga Continues – Trying To Find A Balance In Cercla's Prp Liability Suits, Scott P. Brand Jan 2012

The Saga Continues – Trying To Find A Balance In Cercla's Prp Liability Suits, Scott P. Brand

North Dakota Law Review

No abstract provided.


Navigating The High Seas: Why The U.S. Should Ratify The Law Of The Sea Treaty, Rebecca Bratspies Jan 2012

Navigating The High Seas: Why The U.S. Should Ratify The Law Of The Sea Treaty, Rebecca Bratspies

Publications and Research

No abstract provided.


Senate Bill 2: The Safe, Clean, And Reliable Drinking Water Supply Act Of 2012, Claire Calvert, Adam Yakira Jan 2012

Senate Bill 2: The Safe, Clean, And Reliable Drinking Water Supply Act Of 2012, Claire Calvert, Adam Yakira

California Initiative Review (CIR)

No abstract provided.


Human Rights And Environmental Regulation, Rebecca Bratspies Jan 2012

Human Rights And Environmental Regulation, Rebecca Bratspies

Publications and Research

No abstract provided.


Cooperative Federalism And Hydraulic Fracturing: A Human Right To A Clean Environment, Elizabeth Burleson Jan 2012

Cooperative Federalism And Hydraulic Fracturing: A Human Right To A Clean Environment, Elizabeth Burleson

Cornell Journal of Law and Public Policy

This Article argues that filling the energy governance gaps regarding unconventional natural gas can best be accomplished through collaborative governance that is genuinely adaptive and cooperative. Through cooperative federalism, combined with procedural rights for inclusive, innovative decision-making, state and non-state actors should design and implement the requisite safeguards before further natural gas development advances. Hydraulic fracturing provisions are strikingly fragmented and have sparked a fierce debate about chemical disclosure, radioactive wastewater disposal, and greenhouse gas emissions. United States natural gas production may stunt the direction and intensity of renewable energy by up to two decades and will not provide a …


Nature And Nurture: Revisiting The Infant Adoption Process, Barbara L. Atwell Jan 2012

Nature And Nurture: Revisiting The Infant Adoption Process, Barbara L. Atwell

Elisabeth Haub School of Law Faculty Publications

Adopted children constitute approximately two percent of the United States' childhood population, but are disproportionately represented in mental health settings, where they make up an estimated four to fifteen percent of the population. Science suggests that for those adopted at birth, this discrepancy may be due in part to their abrupt removal from the biological parents. We are now beginning to understand the importance of the bonding that takes place in utero and the infant's awareness at birth. This article suggests three changes to the infant adoption process to align it with scientific knowledge. First, all adults involved in the …


Center News And Faculty Updates, Human Rights Brief Jan 2012

Center News And Faculty Updates, Human Rights Brief

Human Rights Brief

No abstract provided.


Cooperative Federalism And Hydraulic Fracturing: A Human Right To A Clean Environment, Elizabeth Burleson Jan 2012

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 Jan 2012

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 Jan 2012

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 Jan 2012

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.


The Justice Of International Law, Mortimer N.S. Sellers Jan 2012

The Justice Of International Law, Mortimer N.S. Sellers

All Faculty Scholarship

A critical essay on The Philosophy of International Law, edited by Samantha Besson and John Tasioulas (Cambridge University Press, 2010), 632 pp, ISBN 978-0199208579.


Creating A Category Under The Kyoto Protocol Based On Non Emissions, Erin Sedloff Jan 2012

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

UC Law Environmental Journal

No abstract provided.


Litigation's Role In The Path Of U.S. Federal Climate Change Regulation: Implications Of Aep V. Connecticut, Hari M. Osofsky Jan 2012

Litigation's Role In The Path Of U.S. Federal Climate Change Regulation: Implications Of Aep V. Connecticut, Hari M. Osofsky

Articles

This symposium analyzes the role of litigation in climate change regulation, with a particular focus on the U.S. Supreme Court's June 2011 decision in American Electric Power Co. v. Connecticut ("AEP"). 1 This Essay adds to that conversation by exploring the significance of AEP for U.S. federal legal approaches to regulating climate change.


Environmental Justice And The Bp Deepwater Horizon Oil Spill, Hari M. Osofsky, Kate Baxter-Kauf, Bradley Hammer, Ann Mailander, Brett Mares, Amy Pikovsky, Andrew Whitney, Laura Wilson Jan 2012

Environmental Justice And The Bp Deepwater Horizon Oil Spill, Hari M. Osofsky, Kate Baxter-Kauf, Bradley Hammer, Ann Mailander, Brett Mares, Amy Pikovsky, Andrew Whitney, Laura Wilson

Articles

This Article analyzes the environmental justice implications of the BP Deepwater Horizon oil spill and proposes ways to better address these concerns currently and in the future. It explores the justice problems that have arisen with respect to the spill response, compensation, and employment and workers. The Article argues that these problems result from a mix of inadequate information, failure to incorporate environmental justice into planning, and statutory provisions that favor oil companies and limit protections for vulnerable populations. It proposes ways in which to address these causes in the context of this disaster and more broadly.


Just Places: Creating A Space For Place In Environmental Justice, Damayanti Banergee Jan 2012

Just Places: Creating A Space For Place In Environmental Justice, Damayanti Banergee

Societies Without Borders

This paper explores how discourses on sense of place and cultural heritage inform environmental justice conflicts. I argue that while economic distribution remains the overarching frame within environmental justice scholarship, cultural entitlement concerns are rarely discussed in the literature. I argue that environmental justice scholarship can draw upon place and cultural research to explore how cultural entitlement claims can be incorporated in environmental justice. I draw upon place literature to propose a three-dimensional typology of place. I call these three dimensions – political place, cultural place, and moral place. The proposed typology allows us to examine how discourses of place …


The Collaborative Dialogue Panel: Changing The Model Of The Professional Sociology Conference, Kenneth A. Gould Jan 2012

The Collaborative Dialogue Panel: Changing The Model Of The Professional Sociology Conference, Kenneth A. Gould

Societies Without Borders

The emergence of Sociologists Without Borders opened up new opportunities for social justice oriented intellectual engagement and collaboration. Given the opportunity to re-imagine the structure and function of professional conferences, a number of us who were focused on issues of environmental justice as a human right came together in 2006 to challenge the traditional model of serial paper presentations at panel sessions. The collaborative dialogue panel brings together sociologists focused on a specific social problem or issue, and asks them to work together to generate questions and answers in a public forum in dialogue with each other and with others …


Nature, Society And Social Change, Michael Briguglio Jan 2012

Nature, Society And Social Change, Michael Briguglio

Societies Without Borders

Environmental destruction has become an everyday reality in the contemporary world. Major concerns are being put forward regarding the dangers to the environment in general and to human societies in particular, with strong focus currently being put on climate change. Sociology has an important role to play in the analysis of environmental problems. The interaction between nature and society can be analysed through the concept of overdetermination. At the same time, the social construction on environmental problems is imperative for environmental issues to reach the agenda. An active environmental sociology which is as much concerned with analysis as it is …


Litigation's Role In The Path Of U.S. Federal Climate Change Regulation: Implications Of Aep V. Connecticut, Hari M. Osofsky Jan 2012

Litigation's Role In The Path Of U.S. Federal Climate Change Regulation: Implications Of Aep V. Connecticut, Hari M. Osofsky

Valparaiso University Law Review

No abstract provided.


Displacement Disparity: Filling The Gap Of Protection For The Environmentally Displaced Person, Nicole Angeline Cudiamat Jan 2012

Displacement Disparity: Filling The Gap Of Protection For The Environmentally Displaced Person, Nicole Angeline Cudiamat

Valparaiso University Law Review

No abstract provided.


Energy And Environmental Justice: How States Can Integrate Environmental Justice Into Energy-Related Proceedings, James M. Van Nostrand Jan 2012

Energy And Environmental Justice: How States Can Integrate Environmental Justice Into Energy-Related Proceedings, James M. Van Nostrand

Catholic University Law Review

No abstract provided.


The Cincinnati Environmental Justice Ordinance: Proposing A New Model For Environmental Justice Regulations By The States, Jeannette De Guire Jan 2012

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 Jan 2012

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 Quiet Revolution And Federalism: Into The Future, 45 J. Marshall L. Rev. 253 (2012), Patricia E. Salkin Jan 2012

The Quiet Revolution And Federalism: Into The Future, 45 J. Marshall L. Rev. 253 (2012), Patricia E. Salkin

UIC Law Review

No abstract provided.


Using Law And Equity For Poor And The Environment, Dinah L. Shelton Jan 2012

Using Law And Equity For Poor And The Environment, Dinah L. Shelton

GW Law Faculty Publications & Other Works

This chapter discusses ways of overcoming “adaptation apartheid,” a term used to describe the differences in reactions to environmental disasters between poor and wealthy people and countries. The chapter focuses on “environmental protection and poverty alleviation.” The first section describes the connections between poverty and environmental damage, and the second section discusses distributive justice, defined as “an ethical imperative based on the notion of moral reciprocity.” Third, the chapter lists the sources of law pertaining to environmental justice, including private law, regulation, market mechanisms, and rights-based approaches. The chapter concludes by noting the advantages and challenges to a rights-based approach …