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Collaborative Governance Meets Presidential Regulatory Review, Donald R. Arbuckle

Journal of Dispute Resolution

As I will discuss below, White House decision-making and OIRA regulatory review have a hierarchical component that is at odds with the horizontal nature of collaboration. The President's constitutional duties to manage the executive branch and OIRA's role as his agent in regulatory review require strong oversight of agency regulatory activity. Rulemaking is one means by which the executive branch implements not only statutory mandates, but also presidential policy; any sitting President would be loathe to delegate his authority to a collaborative panel. Nonetheless, the benefits of collaboration can be substantial, and the President could use his authority to encourage …

Competition: The Next Generation Of Environmental Regulation, Stephen M. Johnson

Southeastern Environmental Law Journal

No abstract provided.

Salt Equalizer, Vol. 2009, Issue 2, Society Of American Law Teachers

SALT Equalizer

Contents of This Issue:

Deborah Waire Post & Margaret Martin Barry, Co-Presidents' Column, at 1.

Hazel Weiser, Executive Director's Column, at 1.

Tayyab Mahmud, SALT Board of Governors Elections: Meet the Candidates, at 4.

Roberg Chang, Second Biennial Law School Leadership Workshop, at 6.

Ruben Garcia, SALT-LatCrit Junior Faculty Development Workshop, at 6.

Nancy Cook, Service Day in New Orleans, at 7.

Ruben Garcia, 2010 SALT Annual Dinner to Honor Professor Frank Valdes, at 7.

Hazel Weiser, Poverty Law Teaching Conference, at 7.

Ngai Pindell, SALT Teaching Conference, at 8.

Marjorie …

Administrative Law And Culture For The U.S. Collaborative Governance State, David H. Rosenbloomn, Mei Jen Hung

Journal of Dispute Resolution

During the 1980s and 1990s, collaborative governance emerged as a potentially new global paradigm for public administration. It comes in many forms. However, its essence is governmental reliance on nongovernmental entities for the delivery of public services and constraints. Simply put, collaborative governance calls on government to focus on "steering" while relying on third parties to do the "rowing." In the United States, collaborative government is not new in kind-the federal government relied on contractors to convey the mail from the early days of the republic. Rather it is new in scope, accounting for billions of dollars and millions of …

Journal Of Food Law & Policy - Spring 2009, Journal Editors

Journal of Food Law & Policy

No abstract provided.

Food Justice As Crime Prevention, Avi Brisman

Journal of Food Law & Policy

In December 2008, Governor David Paterson (D-NY) proposed an 18 percent tax on nondiet sodas and fruit drinks containing less than 70 percent natural fruit juice. While the tax was part of a broader budget proposal designed to address New York State's fiscal crisis - a plan that that included new taxes and tax hikes on 137 items and services' - state officials promoted the "obesity tax," as the soft drink levy came to be called, as a public health measure.

Environmental Law At Maryland, No. 27, Spring 2009

Environmental Law at Maryland

No abstract provided.

Letters Of Inconsistency: Southeast Resource Recovery, Inc. V. South Carolina Department Of Health And Environmental Control And Loss Of Local Discretion In Landfill Siting, Jim Rourke

Southeastern Environmental Law Journal

No abstract provided.

Wal-Mart In The Garden District: Does The Arbitrary And Capricious Standard Of Review In Nepa Cases Undermine Citizen Participation?, Dawn E. Jourdan, Kevin Gifford

UF Law Faculty Publications

The National Environmental Policy Act (NEPA), enacted in 1969, requires that agencies of the U.S. government or those seeking to use federal funds to construct projects study the environmental and social impacts of said projects. Under the provisions of NEPA, a first-level review must be conducted for all projects not otherwise exempted. If the entity conducting the review deems that the project will result in a significant impact on humans or the environment, an environmental impact statement (EIS) must be prepared. The decision about whether or not to prepare an EIS can be controversial due to the fact that the …

North Dakota Law, Rob Carolin

North Dakota Law

Alumni Magazine of the University of North Dakota School of Law

Climate Change And The Inuit: A Melting Of Actions Into A Cloudy Mess, Katherine King

Southeastern Environmental Law Journal

No abstract provided.

Paving The Legal Path For Carbon Sequestration From Coal, Victor B. Flatt

Duke Environmental Law & Policy Forum

No abstract provided.

Sustainable Commerce: Public Health Law And Environmental Law Provide Tools For Industry And Government To Construct Globally-Competitive Green Economies, T. Rick Irvin, Peter A. Appel

Scholarly Works

This Article examines the legal mechanics underlying the sustainable commerce private/public governance paradigm whereby industry and government create sustainable commerce initiatives which coordinately grow local/state economies and employment, enhance local/state competitiveness in the global marketplace, and at the same time substantially improve local/state public health and environmental infrastructure. This includes an examination of the legal foundation for state/local sustainable commerce initiatives drawn from existing public health and environmental law and a review of two specific local/state sustainable commerce initiatives which have followed this paradigm with impressive results over a two-to-four year timeframe. Part II of this Article examines how public …

Putting A Stop To Sprawl: State Intervention As A Tool For Growth Management, Lesley R. Attkisson

Vanderbilt Law Review

"Sprawl is America's most lethal disease." Although such a statement appears exaggerated upon first consideration, both the scope of urban sprawl and its attendant consequences support the suggestion that sprawl threatens the vitality of the United States. For example, in California, sprawl has reached such a dangerous level that one of the nation's largest banks publicly warned of the potential devastation: "Sprawl has created enormous costs that California can no longer afford. Ironically, unchecked sprawl has shifted from an engine of California's growth to a force that now threatens to inhibit growth and degrade the quality of our life." The …

Sustainable Commerce: Local /State Government And Industry Using Existing Public And Private Legal Systems To Construct Globally-Competitive Green Economies, Peter A. Appel

Presentations and Speeches

Professor Peter Appel and Dr. T. Rick Irvin, J.D., Managing Principal - Registry Consultants, LLC, presented several case studies, discussed environmental impacts, and revenue projections at the Sustainable Commerce Seminar held at Mercer University School of Law.

Click the "Download" button for the PowerPoint presentation. An audio only recording of the presentation is linked below.

Curb Your Ecoterrorism: Identifying The Nexus Between State Criminalization Of Ecoterror And Environmental Protection Policy, Paul J. Karasick

William & Mary Environmental Law and Policy Review

No abstract provided.

Bridging The Black-Green-White Divide: The Impact Of Diversity In Environmental Nonprofit Organizations, Faith R. Rivers

William & Mary Environmental Law and Policy Review

No abstract provided.

The Supreme Court's New Public-Private Distinction Under The Dormant Commerce Clause: Avoiding The Traditional Versus Nontraditional Classification Trap, Bradford Mank

Faculty Articles and Other Publications

In its 2007 decision United Haulers Association, Inc. v. Oneida-Herkimer Solid Waste Management Authority, the Supreme Court for the first time held that the ‘dormant’ Commerce Clause doctrine (DCCD) allows for a distinction between appropriate laws establishing local government monopolies that provide public services such as waste disposal as opposed to inappropriate laws favoring the self interest of in-state private businesses over out-of-state competition. In addition, the Court emphasized that courts should apply the DCCD more leniently in the area of waste disposal because it is a traditional local government function. In its 2008 decision Department of Revenue of Kentucky …

Environmental And Energy Law - 2009, Iit Chicago-Kent College Of Law

Certificate Brochures

Recruiting brochure for the certificate in environmental and energy law.

Putting Community Equity In Community Development: Resident Equity Participation In Urban Redevelopment, Barbara Bezdek

Faculty Scholarship

The special concern of this paper is to recalibrate the benefits and burdens of public-private partnerships as they remake inner city neighborhoods, by braking the rate at which urban land is being reclaimed from low-wealth residents by local government practices to disperse occupants, sweeping aside their tangible and intangible capital. Public oversight requirements have not kept pace with the dispossession, yet the costs that these development decisions impose on the social fabric of communities rend the shared networks necessary to residents’ abilities to meet basic social needs. This destruction of low-wealth communities is a form of equity-stripping, produced by local …

Why Would Anyone Want To Be A Public Interest Lawyer?, Philip G. Schrag

Georgetown Law Faculty Lectures and Appearances

I can barely express how grateful the Law Center is to the Delaneys for their generous gift, or what an honor it is to be designated as the first Delaney Family Professor of Public Interest Law at this incredibly vibrant institution. But our celebration today is not merely the recognition of my scholarship or public service. What the Delaneys have done is to honor not only me but also the hundreds of Georgetown students, faculty, staff and alumni who perform public service. Whether they have achieved high office, like Senators Richard Durbin and Patrick Leahy, or provide free legal services …

Alternatives To Regulation?: Market Mechanisms And The Environment, David M. Driesen

College of Law - Faculty Scholarship

This book chapter presents a discussion of instrument choice in institutional context, with an emphasis on the Kyoto Protocol as an example of environmental benefit trading under a multilevel governance arrangement. Typically, economic models and qualitative discussion of instrument choice implicitly assume that a single regulator selects, designs, and enforces regulatory instruments. Increasingly, however, multiple polities implement regulatory instruments together. The Kyoto Protocol, for example, includes international, regional, national, sub-national, and private roles in the design and enforcement of emissions trading. This chapter emphasizes that design and enforcement are critical, as market mechanisms do not "automatically" produce environmental progress; rather …

Santa Clara Magazine, Volume 51 Number 3, Winter 2009, Santa Clara University

Santa Clara Magazine

18 - EVERYTHING IS ILLUMINATED By Christine Cole. For the first time since the invention of the printing press, artists have put quill pen to paper to hand-write-in calligraphy-the Bible in its entirety. The result is a wonder to behold. And available to readers and gazers at Santa Clara.

24 - HOLD THE LINE By David McKay Wilson. At Harlem's Frederick Douglass Academy, basketball coach Pat Mangan '84 has built a legendary program by making sure his players have their priorities straight. Family first. School second. Then hoops.

28 - LESSONS IN DIPLOMACY. By Sam Scott '96. How Bob LaMonte …

Strip-Mining And Grassroots Resistance In Appalachia: Community Lawyering For Environmental Justice, Dean Rivkin

Scholarly Works

Environmental justice campaigns have been a dynamic feature of public interest lawyering for over four decades. These community lawyers, sensitive to the democratic imperatives of their grassroots clients, employ a viscous blend of legal and nonlegal strategies to achieve their clients’ aims. This article is the story of an environmental justice campaign, still being waged, in the Appalachian mountains of east Tennessee. The campaign seeks to halt the destructive practice of mountaintop removal strip-mining for coal through the deployment of traditional litigation and more unconventional extrajudicial strategies, both of which are designed to build the voices and power of the …

Competition: The Next Generation Of Environmental Regulation?, Stephen M. Johnson

Articles

Risk. In the environmental arena, when determining whether to regulate or how to regulate activities or products, policymakers must begin by assessing the level of risk presented by the activity or product. Although essential information about the level of risk is often in the hands of the actors or producers, they may be reluctant to provide this information to policymakers, unless they are compelled to do so, because the disclosure of information about the risk presented by their activity or product could reduce demand for their activity or product, increase potential liability for harm caused by their activity or product, …

The Greening Of Community Economic Development: Disputes From New York City, Carmen Huertas-Noble, Jessica Rose, Brian Glick

Publications and Research

No abstract provided.

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.

Building Livable Places: The Importance Of Landscape In Urban Land Use, Planning, And Development, Adrienne Lyles-Chockley

Buffalo Environmental Law Journal

No abstract provided.

After The Denial, Tom Athanasiou

UC Law Environmental Journal

No abstract provided.