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Motions 2008 Volume 44 Number 2, University Of San Diego School Of Law Student Bar Association

Newspaper, Motions (1987-2019)

No abstract provided.

Shifting Ground To Address Climate Change: The Land Use Law Solution, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

This article conceives and describes a Land Use Stabilization Wedge: a strategy that aggregates these five wedges and further organizes strategic energies. This builds on Socolow’s optimistic assertion that “an excuse for inaction based on the world’s lack of technological readiness does not exist.” I assert that the existing legal authority of state and local governments to regulate and guide land use and building is a powerful “technology already deployed somewhere in the world.” The Land Use Stabilization Wedge aggregates several of Socolow’s initiatives and employs multiple mitigation techniques available to citizens in every locality in the country.

Reference Dependence In Iterative Choices, W. Kip Viscusi, Joel Huber, Jason Bell

Vanderbilt Law School Faculty Publications

Valuation of goods often proceeds from a series of hypothetical pairwise choices. We examine reference dependence on the outcome of such evaluations in a large-scale study in which respondents make a series of choices between areas that differ on cost of living and the quality of lakes and rivers. We uncover three substantial reference effects. First, we find that respondents’ choices are altered by being told the national value of water quality. For these people, consistent with prospect theory, changes in water quality below the 65% referenced national standard are treated as losses and given more weight while identical changes …

Richmond Law Magazine: Summer 2008, University Of Richmond

Richmond Law Magazine

John G. Douglass: New dean welcomes 'this time of great possibility'

Redefining 'Emeritus'

Mister Media

The Track Record On Takings Legislation: Lessons From Democracy's Laboratories, John D. Echeverria, Thekla Hansen-Young

Georgetown Environmental Law & Policy Institute Papers & Reports

This report by the Georgetown Environmental Law & Policy Institute, entitled "The Track Record on Takings Legislation: Lessons from Democracy's Laboratories," examines the experiences of Florida, Oregon, and several other states with legislation implementing the property rights agenda. The report is the first comprehensive effort to systematically identify and evaluate the on-the-ground consequences of so-called takings "compensation" laws. The major findings of the report are that the takings agenda has undermined community protections by forcing a roll back of existing legal rules and/or by exerting a chilling effect on new legislative activity, special interests such as developers and timber companies …

Agenda: Shifting Baselines And New Meridians: Water, Resources, Landscapes, And The Transformation Of The American West, University Of Colorado Boulder. Natural Resources Law Center

Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)

The Center’s 29th annual conference will focus on the changes in the West resulting from rapid population growth, development, disrupted historical weather patterns and the effects of those changes on land, water, and energy resources. Speakers and panelists will address the adaptability of the legal and political institutions and how the transformation of the West may foreshadow fundamental changes to these institutions.

The agenda includes panel discussions that will address:

• Water for the 21^st Century —the big questions in Western water and rethinking Western water law.
• The Future of Energy —practical and sophisticated solutions to overcome the energy …

Special Offer! - Civilization And Assimilation (Houses Not Included), Summer Nelson

Public Land & Resources Law Review

No abstract provided.

Harnessing The Power Of Science In Environmental Law: Why We Should, Why We Don't, And How We Can, Mary Jane Angelo

UF Law Faculty Publications

To illustrate how legal scholars, lawmakers, environmental agencies, and practicing lawyers have attempted to incorporate new scientific developments into environmental law, particularly in the administrative context, this Article traces the journeys of three distinct scientific developments -- risk assessment, adaptive management, and emergy synthesis -- from scientific academia to environmental administrative law. The Article concludes by making observations about what types of scientific developments are most likely to be incorporated into the law and suggesting ways for improving the likelihood that new beneficial developments will be adopted to inform the law.

Creating A Public Plan For New York’S Great Lakes Offshore Wind Power: A Strategy For Energy And Economic Development, Dwight E. Kanyuck, Robert S. Berger

Other Scholarship

This report evaluates the legal and policy considerations required for developing the energy resource of New York's Great Lakes Offshore Wind (NYGLOW). The potential economic development, environmental and energy benefits of NYGLOW are discussed and a strategy for siting, environmental review, and incentives to gain public acceptance and attract significant investment in NYGLOW is recommended, drawing on approaches used for developing Offshore Wind elsewhere in North America. The approaches of New Jersey, Texas, and Ontario are examined in some detail. In addition, the Quebec Provincial economic development model of purchasing wind power and requiring a local manufacturing component is discussed. …

Vested Rights: Do Land Developers Need More Protection?, John R. Nolon, Jessica A. Bacher

Elisabeth Haub School of Law Faculty Publications

The general doctrine of vested rights protects developers from changes in zoning after they have received a valid building permit. This article explains the two varieties of vested rights laws New York: statutory, and common law. Also discussed, is a new proposal for vested rights legislation that would increase protection for developers over the existing laws. The article closes by citing of some of the concerns with vested rights such as the single integrated project theory, losing vested rights by abandonment, and the equitable estoppel rule.

Native American Forum On Nuclear Issues Agenda

Native American Forum on Nuclear Issues

Conference agenda

Sponsored by: UNLV Department of Environmental Studies, UNLV Libraries, UNLV Department of History, UNLV Department of Sociology and the Native Community Action Council

Fighting Nuclear Waste At Skull Valley, Margene Bullcreek

Native American Forum on Nuclear Issues

Abstract:

-Reasons We Oppose Nuclear Waste

-Sovereignty

-Traditional values must be protected

-Protect sacredness of our culture, plants,

animals, air, and water

-Affects on community health

-Protect reservation and homeland

-To protect the air and water

-To protect future generations

-Environmental Justice

Native American Forum On Nuclear Issues Agenda

Native American Forum on Nuclear Issues

Conference agenda

Sponsored by: UNLV Department of Environmental Studies, UNLV Libraries, UNLV Department of History, UNLV Department of Sociology and the Native Community Action Council

Baselines Newsletter, No. 2, Spring 2008, University Of Colorado Boulder. Natural Resources Law Center

Baselines: The Natural Resources Law Center Newsletter (2007-2011)

No abstract provided.

Resolving Conflict In Non-Ideal, Complex Systems: Solutions For The Law-Science Breakdown In Environmental And Natural Resource Law, Barbara Cosens

Articles

In 2006, the U.S. Supreme Court decided a consolidated case concerning the scope of the U.S. Army Corps of Engineers' jurisdiction to require permits for dredge and fill of wetlands under section 404 of the Clean Water Act, issuing a plurality, two concurrences, and two dissents. Each opinion has a solid legal foundation, yet none truly makes sense if the science of the resource in question is considered. The opinions in Rapanos v. United States illuminate the struggle at the law-science interface. The problem is not due to either a failure in legal reasoning or a failure in scientific methodology …

Cercla's Cost Recovery Statute Of Limitations: Closing The Books Or Waiting For Godot, Alfred R. Light

Southeastern Environmental Law Journal

No abstract provided.

Conserving The United States' Coral Reefs: National Monument Designation To Afford Greater Protection For Coral Reefs In Four National Marine Sanctuaries, Jennifer C. White

William & Mary Environmental Law and Policy Review

No abstract provided.

Should States Have Greater Standing Rights Than Ordinary Citizens?: Massachusetts V. Epa's New Standing Test For States, Bradford Mank

William & Mary Law Review

In Massachusetts v. EPA, the Supreme Court for the first time clearly gave greater standing rights to states than ordinary citizens. The Court, however, failed to explain to what extent or when states are entitled to more lenient standing. This Article concludes that the Court has historically given states preferential status in federal courts when a state files a parens patriae suit based on the state's quasi-sovereign interest in the health and welfare of its citizens or the natural resources of its inhabitants and territory. A quasi-sovereign interest is inherently less concrete and particularized than the types of injuries that …

Come Hell Or High Water: Reexamining The Takings Clause In A Climate Changed Future, Michael A. Hiatt

Duke Environmental Law & Policy Forum

No abstract provided.

Confronting Chronic Pollution: A Socio-Legal Analysis Of Risk And Precaution, Dayna Nadine Scott

Osgoode Hall Law Journal

The central aim of this article is to demonstrate a socio-legal approach to risk and precaution using the example of chronic pollution. Drawing on ongoing empirical work with the Aamjiwnaang First Nation, which is tucked into Sarnia's "Chemical Valley," a secondary aim is to influence and shape how we understand the problem and confront the risks of chronic pollution. This article forwards the argument that the prevailing regulatory approach is incapable of capturing the essence of contemporary pollution harms, because those harms are increasingly linked to continuous, routine, low-dose exposures to contaminants that are within legally sanctioned limits. Community residents …

Money Or Nothing: The Adverse Environmental Consequences Of Uncompensated Land Use Controls, Jonathan H. Adler

Faculty Publications

The conventional wisdom holds that requiring compensation for environmental land use controls would severely limit environmental protection efforts. There are increasing reasons to question this assumption. Both economic theory and recent empirical research--focused primarily on the Endangered Species Act but potentially applicable to other environmental regulations that create similar incentives--demonstrate that failing to compensate private landowners for the costs of regulation discourages voluntary conservation efforts and can encourage the destruction of environmental resources. The lack of a compensation requirement also means that land use regulation is "underpriced" as compared to other environmental protection measures for which government agencies must pay. …

Wind Power: An Exploration Of Regulations And Litigation, John R. Nolon, Jessica A. Bacher

Elisabeth Haub School of Law Faculty Publications

Wind power presents an opportunity to harness a sustainable renewable energy source without the use of fossil fuels, which creates a great opportunity to mitigate climate change. However, the large turbines necessary to harness wind energy present several land use issues. This article, in addition to giving an introduction into the benefits of wind power, discusses several of these issues including comprehensive planning, moratoriums on development, and various options and land use tools local governments may use to legally implement wind power within their jurisdictions.

Seeking A Seat At The Table: Has Law Left Environmental Ethics Behind As It Embraces Bioethics?, Heidi Gorovitz Robertson

William & Mary Environmental Law and Policy Review

Long before its crystallization as an academic discipline in the 1960s and '70s, bioethics was evolving from isolated ideas and theories into a coherent and practical field. Today, people train in academic bioethics programs and seek careers as bioethicists. Hospitals, universities, government organizations, and corporations hire bioethicists, where they use their training to help make decisions regarding life or death issues in science and medicine. Although there is controversy over the extent and content of the influence they exert there, bioethicists have achieved a seat at the decision-making table.

Environmental ethics also emerged in the 1960s and'70s, beginning most notably …

Pushing Drugs Or Pushing The Envelope: The Prosecution Of Doctors In Connection With Over-Prescribing Of Opium-Based Drugs, Deborah Hellman

Faculty Scholarship

No abstract provided.

Should States Have Greater Standing Rights Than Ordinary Citizens?: Massachusetts V. Epa's New Standing Test For States, Bradford Mank

Faculty Articles and Other Publications

In Massachusetts v. EPA, 127 S. Ct. 1438 (2007), the Supreme Court held that carbon dioxide (CO²) and other greenhouse gases (GHGs) are air pollutants within the meaning of the Clean Air Act (CAA). Although its decision on the merits is important, the Court's conclusion that Massachusetts had standing to file suit because states are entitled to more lenient standing criteria may have a greater impact in the long-term on legal doctrine. In Massachusetts, the Supreme Court for the first time clearly gave greater standing rights to states than ordinary citizens. The Court, however, failed to explain to what extent …

Ecotourism: Calling A Truce Between Ski Resort Developers And Environmental Groups, Audrey Kelm

Global Business & Development Law Journal

No abstract provided.

Michigan Law Environmental Law & Policy Program Fall 2008 Conference, University Of Michigan Law School

Miscellaneous Law School History & Publications

Program for the Fall 2008 Environmental Law & Policy Program Conference: An Environmental Agenda for the Next Administration.

Untangling Tenth Amendment Standing: Why Private Parties Cannot Enforce The Federal Structure, David M. Palmer

UC Law Constitutional Quarterly

In the last thirty years, the Tenth Amendment has experienced a resurgence as an independent check on the powers of the federal government. This newfound interest in the meaning and power of the Tenth Amendment has inevitably led to the question: Who may bring a Tenth Amendment claim? As the Tenth Amendment concerns the relationship between states and the federal government, states, not private parties, have traditionally acted as plaintiffs in suits against federal government incursion. However, the Seventh and Eleventh Circuit Courts of Appeals have, in a series of cases beginning twenty-five years ago, expressly permitted private parties to …

Communities And Water Markets: A Review Of The Model Water Transfer Act, Santos Gomez, Penn Loh

UC Law Environmental Journal

No abstract provided.

Sustainable Soils: Reducing, Mitigating, And Adapting To Climate Change With Organic Agriculture, Meredith Niles

Sustainable Development Law & Policy

No abstract provided.