Digital Commons Network^™

Greening Demand: Energy Consumption And U.S. Climate Policy, Noah M. Sachs

Duke Environmental Law & Policy Forum

No abstract provided.

A Survey Of Western United States Instream Flow Programs And The Policies That Protect A River's Ecosystem, Kyle Jackson

Department of Environmental Studies: Undergraduate Student Theses

The Western United States can best be described as a vast, varying land, with the high plains to the east and the jagged horizons of Rockies to the west. However there is one common trait shared by these states: the lack of water resources. With the continued development of this land, the fact that water is scarce is becoming more real. This issue became more difficult to handle as the public became more aware that many competing uses existed for the finite resource, and those different uses were degrading the natural environments of the surface waters. With this realization instream …

Rebuilding Yonkers: How Open Government Laws Are Helping Level The Playing Field In The City Of Hills, Debra S. Cohen

Elisabeth Haub School of Law Faculty Publications

This article will explore some examples of how people in Yonkers have used FOIL and the Open Meetings Law as effective tools to level the playing field in the"city of hills" and, in doing so, help the city move in a more positive direction.

Burden Of Inaction: How Two States Set Different Paths For One Nonfederal Transborder Highway And Why The Courts Cannot Adequately Solve This Problem In Light Of Concerns For Federalism, The Separation Of Powers And Matters Of Justiciability, Matthew Lincoln Clark

West Virginia Law 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.

Discounting China's Cdm Dams, John Copeland Nagle

Loyola University Chicago International Law Review

No abstract provided.

Solar Power & Nyc Schools: Good Government And Electric Sparkplug, Robert Delay

Fordham Environmental Law Review

No abstract provided.

The Land Use Stabilization Wedge Strategy: Shifting Ground To Mitigate Climate Change, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

This article describes how local governments, through the clever application of existing land use techniques, can mitigate climate change. This strategic path follows one developed by Princeton professor Robert Socolow, who identified and described fifteen categories for organizing society’s climate change mitigation efforts. Five of Socolow’s strategic categories fall within the reach of local land use authority: reduced use of vehicles, energy efficient buildings, vegetative carbon sequestration, wind power, and solar power. Through the aggregation of these local land use techniques, significant energy savings and carbon dioxide (CO2) reduction can be achieved. After making some background points, this article describes …

Policy, Urban Form, And Tools For Measuring And Managing Greenhouse Gas Emissions: The North American Problem, Nicole Miller, Duncan Cavens, Patrick Condon, Ronald Kellett

University of Colorado Law Review

The scale of intervention required to reduce and adapt to the effects of climate change will require action at all levels of government and society. International accords and some federal and state governments are beginning to address greenhouse gas reduction targets, but it is at the local level that most decisions about urban form are made. Yet, urban planners and local decision makers generally lack the tools and means needed to make informed choices about the climate change implications of local growth and redevelopment decisions or to measure the effects of their decisions. While a wide spectrum of tools currently …

Rough Seas Ahead: Confronting Property Doctrines To Jumpstart Wave Energy, Rachael E. Salcido

McGeorge School of Law Scholarly Articles

No abstract provided.

Greening Demand: Energy Consumption And U.S. Climate Policy, Noah M. Sachs

Law Faculty Publications

The search for greener, less polluting energy supplies has dominated discussions of u.s. climate change strategy, but we often overlook cheaper and faster greenhouse gas emissions reductions achievable through energy efficiency and conservation. In this article, I outline a decade-long "greening demand" agenda to reduce the amount of energy consumed in the United States. The federal government should aim to reduce U.S. energy consumption by fifteen percent by 2016 and twenty percent by 2020 to achieve needed reductions in greenhouse gas emissions.

While the United States has achieved notable efficiency gains since the 1970s, several market failures and other barriers …

Inside Unlv, Diane Russell, Michelle Mouton, Cate Weeks, Stephanie Strow

Inside UNLV

No abstract provided.

Jumping The Pond: Transnational Law And The Future Of Chemical Regulation, Noah M. Sachs

Law Faculty Publications

Just as domestic pollution can cause transnational externalities, domestic environmental regulation can create transnational ripple effects in other jurisdictions. In this Article, I show how chemical regulation-long a weak link in the network of U.S. environmental laws-is about to be reshaped and reformed through the extraterritorial ripple effects of new European Union legislation. Contributing to both international law and environmental law scholarship, this Article shows how transnational information flows can be harnessed to end the longstanding drought of data on chemical toxicity in the United States. ·

Part I of this Article critiques the U.S. chemical regulatory regime, arguing that …

Marine Protected Areas: Legal Framework For The Gully Off The Coast Of Nova Scotia (Canada), Paul Mcnab, David Vanderzwaag

Articles, Book Chapters, & Popular Press

The Gully, a submarine canyon hosting a rich diversity of marine life off Nova Scotia, was designated in 2004 under Canada’s Oceans Act 1996 as a marine protected area (MPA). This case study reviews the Gully MPA legal and management framework through a five-part discussion. First described is the overall Canadian law and policy context for establishing MPAs. Next, specific legislative and regulatory provisions governing the Gully MPA are summarized including the three types of management zones adopted, ranging from strict preservation to multi-use. Management approaches to control human activities in and around the MPA are then described, with a …

Nepa And The Dynamics Of Public Participation In The Environmental Review Process: An Analysis Of The Northmet (Polymet) Mining Project Near Hoyt Lakes Minnesota, Amber Neumann

Political Science Theses and Capstones

Hypothesis: That comments collected from agency “experts” during the scoping phase of the National Environmental Policy Act (NEPA) process would be disproportionately represented as changes in subsequent drafts of NorthMet’s Environmental Impact Statement (EIS).

Methods: Tabular analysis of data collected from the Minnesota DNR publication of Response to the Public Scoping Projects PolyMet Mining Inc.; NorthMet Project. 2005

Results: There is an excellent cross section of comment sources represented in changes to subsequent drafts of NorthMet’s EIS. A lot of overlap exists between various types of participants and their concerns, resulting in many of the successful comments stemming from …

Rising Tides-Changing Title: Walton County V. Stop The Beach Renourishment, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

This article first discusses the facts of the Walton County case and how the statute affects title to coastal parcels and then turns to an analysis of the fee simple absolute title to coastal properties in Florida, how deeds are drawn, and how title is insured under title company practices. This is followed by a further exploration of the regulatory taking issue and then the judicial taking claim. We then explore the tension that the judicial takings issue raises regarding the jurisdiction of federal and state courts. The article then takes a look at the property interests--the sticks in the …

A River Beckons Home, Alexandra Dapolito Dunn

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

Environmental Impact Assessment In Post-Colonial Societies: Reflections On The Proposed Expansion Of The Panama Canal, Carmen Gonzalez

Faculty Articles

Post-colonial societies endowed with abundant natural resources often under-perform economically when these resources are exploited as economic enclaves lacking significant linkages to other sectors of the economy. The Panama Canal, a symbol of Panamanian identity and a reminder of Panama's lengthy colonial history, has historically functioned as an economic enclave akin to the mineral extraction and industrial agriculture enclaves prevalent throughout the developing world. Based on a case study of the contentious decision to expand the Panama Canal, this article examines the ways in which the colonial legacy distorts the development planning process, and discusses strategies that might be deployed …

Public Access To Spatial Data On Private-Land Conservation, Jessica Owley, Amy Wilson Morris, Adena R. Rissman

Articles

No abstract provided.

A Market Based Approach: The Best Way To Transition To A New Energy Economy While Meeting The Responsibility To Address Global Climate Change — A North Dakota Perspective, Jason Schaefer

North Dakota Law Review

No abstract provided.

Seeing The Global Forest For The Trees: How U.S. Federalism Can Coexist With Global Goverance Of Forests, Blake Hudson, Erika Weinthal

Journal Articles

Both international forest and climate negotiations have failed to produce a legally binding treaty that addresses forest management activities - either comprehensively or more narrowly through carbon capture - due, in part, to lack of US leadership. Though US cooperation is crucial for facilitating both forest and climate negotiations, the role of federalism in constraining these trends has been given scant attention. We argue that, as embodied in the US Constitution, federalism complicates the US’s role in creating any legally binding treaty that directly regulates land uses (e.g. forest management). Because federalism reserves primary land use regulatory authority for state …

Insufficiency Of New Hampshire's Instream Flow Regulation To Ensure The Viability Of Its Rivers As Economics Environmental, And Social Assets, Jason A. Weiner

Water Law Review

No abstract provided.

Richmond Law Magazine: Winter 2009, University Of Richmond

Richmond Law Magazine

Right Place, Right Time: New downtown center expands Law School connections with the Richmond community

The Feedback Loop: The effect of human behavior on the law

Court Appeal: Alumni clerks gain experience in federal appellate courts

Reaching Out: Minority students enrich the school and profession

Conserving Marine Wildlife Through World Trade Law, Eric A. Bilsky

Michigan Journal of International Law

Part I of this Essay marshals the evidence that fisheries around the world are in peril from destructive fishing practices. Part II argues that most fisheries management regimes are ineffective at counteracting the political pressures and economic incentives that lead to unsustainable fishing. Part III makes the case that government subsidies are major enablers of overfishing. The fourth and final Part discusses the continuing efforts to use international trade regulation to eliminate overfishing subsidies and halt the collapse of the world's marine fish populations.

Nafta Chapter 11 As Supraconstitution, Stepan Wood, Stephen Clarkson

All Faculty Publications

More and more legal scholars are turning to constitutional law to make sense of the growth of transnational and international legal orders. They often employ constitutional terminology loosely, in a bewildering variety of ways, with little effort to clarify their analytical frameworks or acknowledge the normative presuppositions embedded in their analysis. The potential of constitutional analysis as an instrument of critique of transnational legal orders is frequently lost in methodological confusion and normative controversy. An effort at clarification is necessary. We propose a functional approach to supraconstitutional analysis that applies across issue areas, accommodates variation in kinds and degrees of …

Why Resilience May Not Always Be A Good Thing: Lessons In Ecosystem Restoration From Glen Canyon And The Everglades, Sandra B. Zellmer, Lance Gunderson

Faculty Law Review Articles

No abstract provided.

Anticipating The Unthinkable: The Adequacy Of Risk Management In Finance And Environmental Studies, James A. Fanto

Faculty Scholarship

No abstract provided.

An Emerging Triangle: Climate Change, Migration And Human Rights: The Case Of New Zealand,Tuvalu And Kiribati, Sarah Stefanos

Archived Theses and Dissertations

Three important global issues - climate change, migration, and human rights- form an emerging triangle because of their interrelatedness. However, critical analysis of the relationship between these three issues apart from an as yet legally meaningless discourse about an imminent global catastrophe of 250 million 'climate refugees' has been limited. This paper examines the climate change, migration, and human rights triangle through the lens of the Pacific, where some of the states most severely threatened by climate change can be found. Extremely small Pacific states whose inhabitants have lived on coral reef islands (called atolls) for more than 2000 years, …

Proposition 1a: Safe, Reliable High-Speed Passenger Train Bond Act., Christine Anne Elliott

California Initiative Review (CIR)

No abstract provided.

Environmental Perspectives: Fall 2008, Environmental Law Program

Environmental and Energy Law Perspectives

No abstract provided.