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Vietnam And The United States: Mining Pollution And The Tragedy Of The Commons, Heather Whitney
Vietnam And The United States: Mining Pollution And The Tragedy Of The Commons, Heather Whitney
Heather Whitney
This paper will discuss Vietnam’s mining pollution problem, and its efforts to foster clean water create and an environmental protection framework within its Constitution, environmental laws and regulations. This paper will also juxtapose these issues with the United States’ regulatory mechanisms for mining and water quality protection, which in comparison are complex and well-rounded, but nonetheless still have regulatory and enforcement loopholes that prevent proper water quality protection. In Vietnam, like most developing countries, regulations and policy statements place socioeconomic growth above water quality protection that frustrates these efforts. Environmental and water quality laws and regulations in Vietnam have not …
We Want Our Lives Back Too: Expanding Absolute Liability To Include A Recovery For The Victims Of Ecological Catastrophies, Prentice L. White
We Want Our Lives Back Too: Expanding Absolute Liability To Include A Recovery For The Victims Of Ecological Catastrophies, Prentice L. White
Prentice L White
WE WANT OUR LIVES BACK TOO: EXPANDING THE COVERAGE OF ABSOLUTE LIABILITY TO INCLUDE A RECOVERY FOR THE VICTIMS OF ECOLOGICAL CATASTROPHES BY PRENTICE L. WHITE No one could have anticipated that the worst ecological disaster in history would take place near Louisiana’s coastline. The morning of April 20, 2010, started like any other spring day, but less than ten hours after the sun rose that morning there would be an explosion that would kill 11 oil workers. The first from the explosion would be seen from outer space and millions of gallons of crude oil would spew into the …
Litigation-Fostered Bureaucratic Autonomy: Administrative Law Against Political Control, Daniel E. Walters
Litigation-Fostered Bureaucratic Autonomy: Administrative Law Against Political Control, Daniel E. Walters
Daniel E Walters
No abstract provided.
Using Building Codes To Rewrite The Tailoring Rule And Mitigate Climate Change, Albert Monroe
Using Building Codes To Rewrite The Tailoring Rule And Mitigate Climate Change, Albert Monroe
Albert Monroe
In 2007, Mass. v. EPA effectively forced the EPA to regulate emissions of carbon dioxide and other greenhouse gases. The plain language of the Clean Air Act gave the EPA an impossible mandate of regulating millions of buildings on a case-by-case basis. The EPA, through the Tailoring Rule, decided to regulate fewer sources. This paper shows that the EPA’s approach is legally suspect. Instead, the EPA should regulate more sources using general permits that avoid the impossibility of case-by-case regulation of millions of sources. The EPA can regulate buildings under the Clean Air Act by mandating stricter building codes for …
Anachronistic Pollution Policy: The Case Of Wildfire Smoke Regulation, Kirsten H. Engel
Anachronistic Pollution Policy: The Case Of Wildfire Smoke Regulation, Kirsten H. Engel
Kirsten H. Engel
Wildfire is on the rise. The United States is witnessing a spectacular increase in acres lost to catastrophic wildfires, a phenomenon fed by the generally hotter and dryer conditions associated with climate change. In addition to losses in lives, property and natural resources, wildfires contribute thousands of tons of air pollution each year. Ironically, perhaps the most effective tool to reduce the incidence and severity of unplanned wildfires is fire. In the form of prescribed, or controlled, burning and wildfires that are allowed to burn for their resource benefits, “planned wildfire” reduces the buildup of vegetation resulting from years of …
Litigation-Fostered Bureaucratic Autonomy: Administrative Law Against Political Control, Daniel E. Walters
Litigation-Fostered Bureaucratic Autonomy: Administrative Law Against Political Control, Daniel E. Walters
Daniel E Walters
The idea of political control dominates our understanding of both what administrative law does and what it should do. This emphasis on political control, however, downplays the important ways that administrative law facilitates resistance to political control in administrative agencies. In this article, I offer studies of two instances where agencies harnessed the power of seemingly standard administrative law litigation to resist the imposition of policies by political leadership. I classify these kinds of modes of resistance as instances of “litigation-fostered bureaucratic autonomy” and flesh out the mechanisms that drive the process. Acknowledging the role of such modes of resistance …
Stewardship And Dominium: How Disparate Conceptions Of Ownership Influence Possession Doctrines, Martin Hirschprung
Stewardship And Dominium: How Disparate Conceptions Of Ownership Influence Possession Doctrines, Martin Hirschprung
martin hirschprung
The law is ambiguous regarding the level and extent of possession necessary to effect ownership. It can be argued that one’s conception of the nature of ownership influences this standard of possession. I further argue that the application of the concept of stewardship to questions of possession will aid in resolving the disputes between museums and indigenous groups regarding cultural artifacts. In order to demonstrate the relationship between one’s conception of ownership and its attendant standard of possession, it is useful to contrast different legal definitions of ownership, particularly the Roman concept of dominium, with a religious model of stewardship …
Renewable Energy: A Solution With Its Own Problems, Michael L. Elion
Renewable Energy: A Solution With Its Own Problems, Michael L. Elion
Michael L Elion
The United States faces crises of energy availability and environmental degradation caused by its dependence on fossil fuels for energy. Despite these realities, the United States’ antiquated infrastructure continues to carry energy generated predominantly by fossil fuel-burning and nuclear power plants to homes and businesses. The threats the U.S. electric system poses to the environment are grave, yet the U.S. energy industry has failed to take full advantage of new electrical engineering technologies that would upgrade the electrical system. Why, in this era of rapid climate change and rising electricity costs have policy-makers, energy-producers, and government regulators failed to implement …
Environments, Externalities And Ethics: Compulsory Multinational And Transnational Corporate Bonding To Promote Accountability For Externalization Of Environmental Harm, Matthew A. Susson
Environments, Externalities And Ethics: Compulsory Multinational And Transnational Corporate Bonding To Promote Accountability For Externalization Of Environmental Harm, Matthew A. Susson
Matthew A Susson
Developing nations often look to their bounty of natural resources or willing labor as a means of attracting international investors. While national and local governments frequently perceive the arrival of a multinational corporate presence as a boon to their economy, the potential for government instability, ineffectiveness or corruption may facilitate environmentally exploitive corporate practices. Furthermore, residents of the subject nation may be left without proper legal recourse. Legislators have made various efforts in both the United States and abroad to propound Corporate Codes of Conduct to address such concerns, but despite laudable intentions, features of the increasingly global economy “accentuate …
The Role Of The Judge In Endangered Species Act Litigation: District Judge James Redden And The Columbia Basin Salmon Saga, Michael C. Blumm, Aurora Paulsen
The Role Of The Judge In Endangered Species Act Litigation: District Judge James Redden And The Columbia Basin Salmon Saga, Michael C. Blumm, Aurora Paulsen
Michael Blumm
After rejecting three federal biological opinions (BiOps) for favoring federal Columbia Basin hydroelectric operations over salmon protected by the Endangered Species Act (ESA), Judge James A. Redden has retired, passing oversight of the litigation to a new federal judge. This complex case, which concerns the accommodations the world’s largest hydropower system must give to the region’s signature natural resource, has now spanned nearly twenty years and five different BiOps. For his part, Judge Redden worked closely with the parties in an attempt to arrive at improvements in salmon survival. In this managerial role, he acted perhaps as the archetypical federal …
Postjudgment “Water Interest”: Lifting The Headgate To Let Appropriate Compensation Flow For Unlawful Diversions, Jeffrey T. Matson
Postjudgment “Water Interest”: Lifting The Headgate To Let Appropriate Compensation Flow For Unlawful Diversions, Jeffrey T. Matson
Jeffrey T Matson
Irrigators overdraw many Western streams to the detriment of tribal and environmental uses; these conflicting interests regularly battle in state and federal court over water allocation. This article profiles United States v. Bell (Bell) —the latest such skirmish among warring parties in the Truckee and Carson River basins of northern Nevada. In Bell, the United States Court of Appeals for the Ninth Circuit faced persistent excessive irrigation diversions by the Truckee Carson Irrigation District (TCID) in violation of applicable federal court decrees, administrative Operating Criteria and Procedures (OCAPs), and the Congressional Settlement Act of 1990. The Court discussed an unprecedented …