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Of Counsel, Volume 14 | Spring 2012, North Carolina Central University School Of Law

Of Counsel

No abstract provided.

Can Volunteers Pick Up The Slack? Efforts To Remedy Knowledge Gaps About The Watershed Impacts Of Marcellus Shale Gas Development , Abby J. Kinchy, Simona L. Perry

Duke Environmental Law & Policy Forum

No abstract provided.

In Search Of "Compass And Gyroscope": Where Were Adaptive Management And Principled Negotiation In Nova Scotia's Forest-Strategy Process?, Peter N. Duinker

Dalhousie Law Journal

In his landmark 1993 book entitled Compass and Gyroscope: Integrating Science and Politics for the Environment, Kai Lee outlined the need for stronger processes in support of sustainable development. The science of adaptive management and the politics of principled negotiation were offered as the most promising approaches. The author uses these concepts to evaluate the process used to develop Nova Scotia's natural resources strategies of August 2011, specifically the forest strategy following the Environmental Goals and Sustainable Prosperity Act. The findings show that, by comparison with similar policy-development processes used elsewhere in Canada, the Nova Scotia process lacked both foresight …

Education & Practice (Newsletter Of The Section On Education Of Lawyer, Virginia State Bar) - V. 20, No. 2 (Spring 2012), Dale Margolin Cecka

Law Faculty Publications

Contents

Ethical Practice within Interdisciplinary Collaborations: The Law School Clinic as an Example, by Portia Cole, Asst. Professor at the Virginia Commonwealth School of Social Work

Chair’s Column, by Professor A. Benjamin Spencer of Washington and Lee School of Law

Beyond the Blame Game, by Jayne W. Barnard, Cutler Professor of Law at William & Mary Law School

William R. Rakes Leadership in Education Award

Law Faculty News

News and Events Around the Commonwealth

Section’s Website Update

2011-2012 Board of Governors

A Functional Approach To Risks And Uncertainties Under Nepa, Todd S. Aagaard

Faculty Publications

The National Environmental Policy Act (NEPA) mandates that federal agencies evaluate the environmental impacts of their proposed actions. This requires agencies to make ex ante predictions about environmental consequences that often involve a significant degree of factual risk or uncertainty. Considerable controversy exists regarding how agencies should address such risks and uncertainties. Current NEPA law adopts a largely ad hoc approach that lacks coherence and analytical rigor. Some environmentalists and legal scholars have called for a greater emphasis on worst-case analysis in environmental planning, especially after the recent Deepwater Horizon oil spill in the Gulf of Mexico and the meltdowns …

China’S Greentech Programs And The Ustr Investigation, Joel B. Eisen

Sustainable Development Law & Policy

No abstract provided.

Volume 11 Issue 2, Sustainable Development Law & Policy

Sustainable Development Law & Policy

No abstract provided.

The Behavioral Response To Voluntary Provision Of An Environmental Public Good, Grant D. Jacobsen, Matthew J. Kotchen, Michael P. Vandenbergh

Vanderbilt Law School Faculty Publications

This paper develops a theory of voluntary provision of a public good in which a household’s decision to engage in a form of environmentally friendly behavior is based on the desire to offset another behavior that is environmentally harmful. The model generates predictions about (1) participation in a green-electricity program at the extensive and intensive margins, and (2) changes in electricity consumption in response to participation. We test the theory using billing data for participants and nonparticipants in a green-electricity program in Memphis, Tennessee. High-consumption households are more likely to participate, and they participate at higher levels. In terms of …

It's Not Easy Being Green: Evolving Legal Frameworks To Address The Unanticipated Consequences Of New Environmental Programs, Beth S. Dorris

The Journal of Business, Entrepreneurship & the Law

No abstract provided.

Home Sweet Home: How The 'Purpose Of The Reservation' Affects More Than Just The Quantity Of Indian Water Rights, Jessica Lowrey

Colorado Environmental Law Journal

No abstract provided.

Emerging Private Governance: The Challenges Of Choosing A Policy Focus, Graeme Auld

Transnational Business Governance Interactions Working Papers

Across sectors of the global economy, private governance has emerged as a new instrument for addressing pressing social and environmental problems. Although better suited for tackling the challenge of reaching agreements among states to address problems transcending national borders, these initiatives create new boundaries based on what problems they choose to focus on and which actors they choose to regulate – that is, the different policy foci of individual programs. Specialization is not inherently problematic. Private governance can focus attention on the problems of a single-issue area and build capacity among actors to resolve its problems, but equally a particular …

Sociologists Without Borders And The Meaning Of “Without Borders”: The Social Construction Of Organizational And Scholarly Boundaries, Davita Silfen Glasberg

Societies Without Borders

This manuscript examines what it means to be “without borders” in an organizational and scholarly context.

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.

Judge Posner’S 'Practical' Theory Of Standing: Closer To Justice Breyer’S Approach To Standing Than Justice Scalia’S, Bradford Mank

Faculty Articles and Other Publications

In American Bottom Conservancy v. U.S. Army Corps of Engineers, Judge Richard Posner of the Seventh Circuit questioned three different grounds articulated by the U.S. Supreme Court for the constitutional doctrine of standing in federal courts and instead argued that the “solidest grounds” for the doctrine of standing are “practical.” In part because of his self-described “pragmatic” approach to legal reasoning, Judge Posner’s maverick views may have led Republican presidents to pass him over for being nominated to the Supreme Court in favor of less brilliant but more predictable conservative judges. Judge Posner’s pragmatic or practical approach to standing …

Standing For Private Parties In Global Warming Cases: Traceable Standing Causation Does Not Require Proximate Causation, Bradford Mank

Faculty Articles and Other Publications

This Article argues courts should apply a relatively liberal approach in deciding standing issues for private plaintiffs pursuing climate change suits even if courts ultimately conclude that it is inappropriate to grant relief on the merits to those same plaintiffs because the Supreme Court has clearly declared that standing is a preliminary question that should be treated separately from decisions on the merits and standing causation requires less proof than proximate causation on the merits. The Supreme Court in its 2007 decision in Massachusetts v. EPA held that a state had standing under Article III of the U.S. Constitution to …

The Goldilocks Approach: Financial Risk And Staged Regulation, Charles K. Whitehead

Cornell Law Review

No abstract provided.

Should We Adopt A Specific Regulation To Protect People That Are Displaced By Hydroelectric Projects?: Reflections Based On Brazilian Law And The "Belo Monte" Case, Bibiana Graeff

Florida A & M University Law Review

No abstract provided.

Reading The Standing Tea Leaves In American Electric Power V. Connecticut, Bradford Mank

Faculty Articles and Other Publications

In American Electric Power v. Connecticut (AEP), the U.S. Supreme Court by an equally divided vote of four to four affirmed the Second Circuit’s decision finding standing and jurisdiction in the case. Even though it did not announce the identities of the justices who voted for standing and against standing, the AEP decision took the unusual step of providing some explanation for how the Court divided on the standing question, and, as a result, provided important information about the positions of the justices on the issue. While it is not binding as a decision for the lower courts except …

Santa Clara Magazine, Volume 54 Number 1, Summer 2012, Santa Clara University

Santa Clara Magazine

14 - BELLA VITA By Ron Hansen M.a. '95. After 66 years, Professor Victor Vari is retiring. He's imparted to generations of Santa Clara students an understanding of Italian language and culture-and how to live a beautiful life.

18 - THE SPORTING LIFE By Ann Killion. From when women first arrived on the Mission Campus 50 years ago and athletics was a dirty word-to internationally known programs and penalty shots heard 'round the world.

20 - RESPECT THE GAME By Britt Yap. They've been national champs and the subject of dreams-may-cometrue movies. But in the beginning, they were women who …

Santa Clara Magazine, Volume 53 Number 4, Spring 2012, Santa Clara University

Santa Clara Magazine

20 - WHAT WILL YOU BE? By David Mckay Wilson. San Francisco's Immaculate Conception Academy has found a work-study program that gives low-income students what they need. Starting with a bigger view of the world.

22 - BUCKY BRONCO CONFIDENTIAL By Jeff Gire And Sam Scott '96. Who wears the costume today may be classified information. But here are a few secrets revealed-including how Bucky came to be.

26 - TALKIN' DUST BOWL BLUES By David Mckay Wilson. The ghost of Woody Guthrie stalks the stage-with Rob Tepper '00 playing the role. This year marks the centennial of the iconic …

Informational Standing After Summers, Bradford Mank

Faculty Articles and Other Publications

In its recent The Wilderness Society v. Rey decision, the Ninth Circuit addressed the difficult question of when a statute may establish a right to informational standing. The D.C. Circuit and the Sixth Circuit had previously reached different conclusions about whether environmental statutes promoting public participation or requiring environmental assessments in certain circumstances create a right to informational standing. The Ninth Circuit in its The Wilderness Society decision interpreted the Supreme Court’s 2009 decision in Summers v. Earth Island Institute, which explicitly narrowed procedural rights standing, as implicitly narrowing standing rights in general and concluded that general notice and …

Transnational Conservation Contracts, Natasha Affolder

All Faculty Publications

Transnational environmental law is the subject of growing scholarly interest. Yet, much work remains to be done to fill in both the conceptual and empirical contours of this field. One methodological challenge that transnational law poses is the need to look beyond traditional sources of international and national law. This article contributes to efforts to understand transnational law's multilayered architecture by drawing attention to the use of transnational contracts as a mechanism to protect habitats and species. The diverse and proliferating examples of conservation contracts discussed in this article – which include forest carbon agreements, conservation concessions, debt-for-nature swaps, conservation …

Bird Red List And Its Future Development In Mongolia, Sundev Gombobaatar, D. Samiya, Jonathan M. Baillie

Erforschung biologischer Ressourcen der Mongolei / Exploration into the Biological Resources of Mongolia, ISSN 0440-1298

With the involvement of the World Bank, Zoological Society of London, Dutch Government and National University of Mongolia, the volumes of Mongolian Red Lists of Fish, Amphibians and Reptiles, Birds and Mammals were completed, and Mongolia is now among the few nations that have up-to-date conservation assessments for all vertebrates. Of the 476 assessed native bird species of Mongolia, 10% were categorized as regionally threatened including Near Threatened. A further 0.6% were categorized as Critically Endangered (CR), 1.7% as Endangered (EN), 3.3% as Vulnerable (VU), and 4.4% as Near Threatened (NT). Almost 90% of Mongolian birds are categorized as Least …

Responding To The Response: Reforming The Legal Framework For Dispersant Use In Oil Spill Response Efforts In The Wake Of Deepwater Horizon, Abby J. Queale

UC Law Environmental Journal

No abstract provided.

Keeping Dry Streams Green: Can Landowners In Arizona And California Use Property Rights To Maintain Groundwater-Dependent Riparian Habitat Along Non-Perennial Watercourses?, Christopher J. Losi

UC Law Environmental Journal

No abstract provided.

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 …

Risk Magnified: Standing Under The Statist Lens, Mary D. Fan

Articles

Why some harms count before the courts and others do not is a matter of acute expressive and practical impact. Judicial refusal to see claimed injuries is an effective denial of legal personhood and a bar from powerful judicial machinery. The issue of “erratic, even bizarre” judicial recognition of supplicants vexed Professor Joseph Vining as early as 1978. Recent scholarship argues that injuries are seen through a subjective lens, reflecting the relative privilege of the judiciary and their concomitant difficulties in perceiving injuries to minorities and the poor. This is a troubling contention. So long as another, objective explanation remains, …

Protecting The Public From Bpa: An Action Plan For Federal Agencies, Noah M. Sachs

Law Faculty Publications

Bisphenol-A (BPA) is a ubiquitous industrial chemical found in everything from baby bottles to cash register receipts. From its inauspicious creation in the laboratory by a group of scientists trying to synthesize an estrogenic compound for the pharmaceutical industry, it has become a fundamental building block of the multi-billion dollar plastics industry. Unfortunately, ever since anomalous results appeared in two research labs using BPA containing plastic equipment in the 1980s, evidence of the chemical’s toxicological risks has continued to mount. The chemical is an endocrine disruptor, meaning that it interferes with the body’s hormone system, and BPA’s health risks include, …

A Functional Approach To Risks And Uncertainties Under Nepa , Todd S. Aagaard

Michigan Journal of Environmental & Administrative Law

The National Environmental Policy Act (NEPA) mandates that federal agencies evaluate the environmental impacts of their proposed actions. This requires agencies to make ex ante predictions about environmental consequences that often involve a significant degree of factual risk or uncertainty. Considerable controversy exists regarding how agencies should address such risks and uncertainties. Current NEPA law adopts a largely ad hoc approach that lacks coherence and analytical rigor. Some environmentalists and legal scholars have called for a greater emphasis on worst-case analysis in environmental planning, especially after the recent Deepwater Horizon oil spill in the Gulf of Mexico and the meltdowns …

When Cosumer Protection Becomes Preordained: Malcolm V. Evenflo And Montana's Products Liability Standard, Justin Harkins

Montana Law Review

When Cosumer Protection Becomes Preordained: Malcolm v. Evenflo and Montana's Products Liability Standard