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What Ever Happened To Canadian Environmental Law?, Stepan Wood, Georgia Tanner, Benjamin J. Richardson

All Faculty Publications

This Article examines the history of Canadian environmental law in order to explain why it has become a laggard in both legal reform and environmental performance. Canadian environmental law has long been of interest to scholars worldwide, yet its record is often poorly understood. The Article contrasts recent developments with the seemingly progressive initiatives of the 1970s, and analyzes these trends in light of their political, economic and governance context, as well as the wider critiques of environmental law. It argues that there is considerable room for Canadian governments to adopt more robust methods of environmental law, including following pioneering …

How Great Cities Are Fed Revisited: Ten Municipal Policies To Support The New York City Foodshed, Nevin Cohen

Fordham Environmental Law Review

No abstract provided.

Solar Energy Development On The Federal Public Lands: Environmental Trade-Offs On The Road To A Lower-Carbon Future, Robert L. Glicksman

GW Law Faculty Publications & Other Works

The federal government has endorsed more extensive use of the federal public lands for the production of solar power, both to reduce the greenhouse gas emissions that contribute to climate change and to bolster the security of domestic energy supplies. Spurred by grant money made available under the American Recovery and Reinvestment Act of 2009, the Bureau of Land Management (BLM) in 2010 approved nine utility-scale solar projects on public lands in California and Nevada. These projects were designed to avoid adversely affecting the habitats of endangered and threatened species that frequent the desert southwest and cultural resources important to …

Baldwin V. Sebelius - Petition For Writ Of Ceritorari, Steve Baldwin

Patient Protection and Affordable Care Act Litigation

No abstract provided.

The Environmental Laws Of The 1970s: They Looked Good On Paper, William H. Rodgers, Jr.

Articles

This article looks at the "top ten" environmental laws enacted in the 1970s, including the Clean Air Act, the Endangered Species Act, the National Environmental Policy Act, and the Resource Conservation and Recovery Act. It asks: What were the pin-up qualities that made these laws look good on paper? What were the features sponsors bragged about or critics deplored? How were they understood and described at the time of legislative birth? What was thought to be new, different, and better?

We know some of these things about all of these laws. I’ll exercise editorial judgment and declare four common features …

Honey Get My Gun, The Transgenic Seeds Are In The Field Again, 11 J. Marshall Rev. Intell. Prop. L. 439 (2011), Christian B. Miller

UIC Review of Intellectual Property Law

The proliferation of genetically modified (“GM”) crops in the United States has dramatically increased in the past two decades. This increase has led to fears of dwindling biodiversity in this country’s staple crops. Consumer health and environmental advocates have attempted to slow the deregulation of such crops through administrative challenges. Such tactics were largely undermined in the 2010 Supreme Court case of Monsanto Co. v. Geertson. Anti-GM groups have subsequently attempted to invalidate patents for GM crops on moral grounds. This comment explores the futility of administrative and moral challenges to GM crop proliferation, and looks ahead to the proper …

Small, Slow, And Local: Essays On Building A More Sustainable And Local Food System, Mary Jane Angelo, Amelia Timbers, Matthew J. Walker, Joshua B. Donabedian, Devon Van Noble, Erik Phillips-Nania, Emily Parish, Jennifer L. Perez

UF Law Faculty Publications

A collection of essays that have strong arguments in favor of shifting from our existing centralized industrial agricultural system to a more localized system. This shift will reduce reliance on fossils fuels, which are used to make pesticide and fertilizer inputs and to transport foods long distances, thereby reducing contributions to climate change and decreasing environmental impacts. The shift will also provide social and economic benefits to local communities, improved health and a more sustainable, secure, and resilient food supply. To achieve such a shift, however, it will be necessary to overcome existing legal, economic, and social barriers and to …

Trade Secrets, Disclosure, And Dissent In A Fracturing Energy Revolution, Hannah J. Wiseman

Scholarly Publications

In the United States, Congress has traditionally relied, in part, upon citizen participation to control industrial activity and its effects on public welfare. It has also required industry to disclose certain information to the public in order to enable this participation. Early on in the movement toward expanded federal regulation of industry, Congress granted broad standing to individuals in generous “private attorney general” provisions in environmental and business-related statutes. It also required agencies to follow strict notice-and-comment rulemaking procedures, which directed agencies to publicize proposed rules and receive citizen comments. Through statutes such as the Emergency Planning and Community Right-to-Know …

Siting Offshore Hydrokinetic Energy Projects: A Comparative Look At Wave Energy Regulation In The Pacific Northwest, Rachael E. Salcido

McGeorge School of Law Scholarly Articles

No abstract provided.

Destructive Coordination, Charles K. Whitehead

Cornell Law Faculty Publications

An important goal of financial risk regulation is promoting coordination. Law's coordinating function minimizes costly conflict and encourages greater uniformity among market participants. Likewise, privately developed market standards, such as standard-form contracts and rules incorporated into widely-used vendor technology systems, help to lower transaction costs partly by increasing coordination.

By contrast, much of financial economics is premised on a world without coordination. Basic tools used to manage financial risk presume that changes in asset prices follow a random walk and individuals buy and sell assets independently. Thus, a bedrock premise of traditional risk management is that a portfolio manager’s actions …

Climate Change, Forests, And Federalism: Seeing The Treaty For The Trees, Blake Hudson

University of Colorado Law Review

Despite numerous attempts over the past two decadesincluding, most recently, the Copenhagen climate discussions in late 2009-international forest and climate negotiations have failed to produce a legally binding treaty addressing global forest management activities. This failure is due in large part to a lack of U.S. leadership. Though U.S. participation in ongoing forest and climate negotiations is essential, scholars have not fully explored the potential limiting effects of federalism on the United States' treaty power in the area of forest management. Such an exploration is necessary given the debate among constitutional law scholars regarding the scope of the treaty power, …

Climate Change, Forests And Federalism: Seeing The Treaty For The Trees, Blake Hudson

Journal Articles

Despite numerous attempts over the past two decades—including, most recently, the Copenhagen climate discussions in late 2009—international forest and climate negotiations have failed to produce a legally binding treaty addressing global forest management activities. This failure is due in large part to a lack of U.S. leadership. Though U.S. participation in ongoing forest and climate negotiations is essential, scholars have not fully explored the potential limiting effects of federalism on the United States’ treaty power in the area of forest management. Such an exploration is necessary given the debate among constitutional law scholars regarding the scope of the treaty power, …

State Leadership For Safer Chemicals Policy Reform: Lessons From California, Maine, Minnesota And Washington, Michelle A. Russell

Honors Theses

Chemicals regulation under the U.S. Toxic Substances Control Act of 1976 fails to protect human health. In the absence of federal protection, safer chemicals legislation and implementation is moving forward in four states: Maine, Minnesota, California and Washington. Working in response to a loud public cry of concern and persistent grassroots organizing, these four states have enacted laws that regulate chemicals in consumer products. Maine, Minnesota and Washington chose to focus on regulating the chemicals used in children’s products, taking into consideration greater vulnerability in early development and the compelling public priority to protect children’s health. The most important factors …

Rescuing The Strong Precautionary Principle From Its Critics, Noah M. Sachs

Law Faculty Publications

The Strong Precautionary Principle, an approach to risk regulation that shifts the burden of proof on safety, can provide a valuable framework for preventing harm to human health and the environment. Cass Sunstein and other scholars, however, have consistently criticized the Principle, rejecting it as paralyzing, inflexible, and extreme.

In this reassessment of the Strong Precautionary Principle, I highlight the significant benefits of the Principle for risk decision making, with the aim of rescuing the Principle from its dismissive critics. The Principle sends a clear message that firms must research the health and environmental risks of their products, before harm …

The Inefficiencies And Deficiencies Of Waste Coal, Jonathan Skinner, Michael Brown

Publications

No abstract provided.

Teaching Intrapersonal Intelligence As A Lawyering Skill: Introducing Values Systems Into The Environmental Law Syllabus, Michael Burger

Sabin Center for Climate Change Law

The ranges and types of problems with traditional law school curricula, pedagogies, and learning cultures are well-rehearsed, and have been framed, narrated, and analyzed in a number of prominent venues, along with suggested improvements and proposals for systemic reform. This Essay addresses one aspect of the ongoing and pervasive critique: the need to develop in law students the diverse intellectual competencies that the practice of law requires. Working within the framework of Professor Howard Gardner’s theory of multiple intelligences, I argue that intrapersonal intelligence and the self-reflexive analytic process it invokes are important tools in the practicing lawyer’s toolbox, and …

Scientific Integrity: The Perils And Promise Of White House Administration, Heidi Kitrosser

Articles

This Article was written for a Fordham Law Review symposium on “Presidential Influence over Administrative Action, Recent Developments.” The Article explores developments in scientific integrity in the first two years of the Obama Administration. Specifically, it looks at the impact of “presidential administration” - that is, of top-down White House directives to administrative agencies - on scientific integrity. I define processes embodying scientific integrity as those designed to enable expert scientific findings to be presented without extra-scientific interference or distortion. Scientific integrity is a subset of information integrity. A system that facilitates information integrity is one that is relatively transparent …

Legal Considerations Relating To The Development Of Hydroelectric Facilities Within Rhode Island, Scott R. Gunst Jr.

Sea Grant Law Fellow Publications

No abstract provided.

Proving Natural Resource Damage Under Opa 90: Out With The Rebuttable Presumption, In With Apa-Style Judicial Review?, Craig H. Allen

Articles

In the aftermath of the Deepwater Honrzon oil spill of 2010, Prsident Obama uged Congess to amend the natural resource damage provisions of the Oil Pollution Act of 1990 to replace the rebuttable presumption of validity the law presently accords to damage assessments by the designated natural resource trustees that were conducted in accordance with regulations promulgated by the National Oceanic and Atmosphenc Administration with the standard of judicial review prescrbed by the Administrative Procedures Act (APA). Although the House of Representatives passed such an amendment in 2010, the Senate failed to act on the amendment before the 111th congressional …

Richmond Law Magazine: Winter 2011

Richmond Law Magazine

Features:

Putting the Law to Work

Environment for Growth

The Price of Pleasure

For the Public Good

Arab Spring Brings Winds Of Change To The Maghreb And Mena Region: Does That Spell Opportunity For Infrastructure Development And Project Finance?, Silvano Domenico Orsi

Richmond Journal of Global Law & Business

No abstract provided.

China's Greentech Programs And The Ustr Investigation, Joel B. Eisen

Law Faculty Publications

The issue of China's support for renewables has taken center stage in a United States Trade Representative ("USTR") complaint alleging that China unfairly subsidizes its greentech industries, in violation of its obligations as a member of the World Trade Organization ("WT0"). Well before that investigation began, numerous Americans believed the United States was less engaged in greentech promotion than China, and many feel the United States is falling behind. New York Times columnist Thomas L. Friedman has been perhaps the most active proponent of this view, but he has plenty of company. If recent reports are to be believed, China …

A Navigational System For Uncharted Waters: The London Convention And London Protocol's Assessment Framework On Ocean Iron Fertilization, Melissa Eick

Tulsa Law Review

No abstract provided.

Preventing Accidents In Offshore Oil And Gas Operations: The U.S. Approach And Some Contrasting Features Of The Norwegian Approach, Michael S. Baram

Faculty Scholarship

This working paper deals with the U.S. approach for governing the safety of offshore oil and gas operations and preventing major accidents during exploratory drilling and production. It evaluates the statutory and regulatory framework, and agency implementation and reliance on industrial standards, and then suggests reforms to improve the efficacy of this governance system. References are made to the blowout at the drilling rig operated by British Petroleum to support the evaluation and reforms. References are also made to Norwegian laws and regulations governing oil and gas operations in the North Sea. As one of the world’s largest sources of …

Baldwin V. Sebelius - Brief For Appellants, Steve Baldwin

Patient Protection and Affordable Care Act Litigation

No abstract provided.

Taking Stock: The Magnuson-Stevens Act Revisited (8th Marine Law Symposium) (November 4-5, 2010), Roger Williams University School Of Law Library

Marine Affairs Institute Conferences, Lectures, and Events

No abstract provided.

Santa Clara Magazine, Volume 52 Number 2, Fall 2010, Santa Clara University

Santa Clara Magazine

16 - JUSTICE, EDUCATION, AND THE CATHOLIC IMAGINATION By Keith Warner, O.F.M. A religious vision of a sustainable future is less about politics than ethics. It means drawing on deep spiritual currents in the Catholic tradition-and environmental concern as if people mattered.

22 - WRITING THE ISLAND An essay in the words and images by John Seibert Farnsworth and Charles Barry. A journey to the Sea of Cortez-to paddle and dive, to hear the island speak, to look carefully, to write, to come home sunburned and transformed.

30 - INTERNET, WE HAVE A PROBLEM. By Sam Scott '96. One fine …

Unlv Magazine, Tony Allen, Shane Bevell, Donna Mcaleer, Ched Whitney, Cate Weeks

UNLV Magazine

No abstract provided.

Body Polluted: Questions Of Scale, Gender, And Remedy, Dayna Nadine Scott

Loyola of Los Angeles Law Review

This Article offers a critique of tort remedies grounded in feminist theory of the body. It demonstrates how tort law is invested in a notion of an individuated legal subject, which fails to capture the critical interconnectedness of bodies in a social, political, historical, and colonial context. Taking the "injury" of endocrine disruption in a Canadian Aboriginal community as an example of a contemporary pollution harm, the analysis considers various torts on a conceptual level, and what they might offer the Aamjiwnaang First Nation in the way of remedies. In each case, what the tort can do depends on how …

Public Statement On The International Investment Regime, Gus Van Harten, David Schneiderman

Commissioned Reports, Studies and Public Policy Documents

We have a shared concern for the harm done to the public welfare by the international investment regime, as currently structured, especially its hampering of the ability of governments to act for their people in response to the concerns of human development and environmental sustainability.