Digital Commons Network^™

Public Opinion And The Introduction Of Congressional Environmental Legislation, 1973-2002, Hugh Eugene Jarvis

USF Tampa Graduate Theses and Dissertations

This study examines the relationship between public opinion about the environment and the introduction of congressional legislation on environmental issues. Using public opinion data gathered by the General Social Survey from 1977 to 2002, this work examines correlations between how the public views the environment in each and the number of bills introduced in the U.S. House and Senate addressing environmental issues. The findings indicate that there is a correlation between overall concern felt in the public and congressional action on certain aspects of environmental protection. The results also highlight the potentially disturbing finding that the race and economic class …

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.

Climate Change: The Equity Problem, Michael P. Vandenbergh, Brooke A. Ackerly

Vanderbilt Law School Faculty Publications

A substantial proportion of the United States population is at or below the poverty level, yet many of the greenhouse gas emissions reduction measures proposed or adopted to date will increase the costs of energy, motor vehicles, and other consumer goods. This essay suggests that although scholarship and policymaking to date have focused on the disproportionate impact of these increased costs on the low-income population, the costs will have two important additional effects. First, the anticipated costs will generate political opposition from social justice groups, reducing the likelihood that aggressive measures will be adopted. Second, to the extent aggressive measures …

Putting Ethics Into Environmental Law: Fiduciary Duties For Ethical Investment, Benjamin J. Richardson

Osgoode Hall Law Journal

This article argues that environmental law must target the financial sector, which sponsors and profits from environmental pillage. The rise of a system of finance capitalism has made the financial sector a crucial economic sector. A long-standing movement for socially responsible investment (SRI) has recently begun to advocate environmental standards for financiers. While the SRI movement has gained more influence in recent years, it has come at the price of jettisoning its former emphasis on ethical investment in favour of an instrumental, business case approach. Some modest legal reforms to improve the quality and extent of SRI have yet to …

The Ties That Bind: Indigenous Peoples And Environmental Governance, Benjamin J. Richardson

Comparative Research in Law & Political Economy

Canvassing practices in many countries, this chapter analyses the relationships between Indigenous peoples and environmental governance. It examines the environmental values and practices of Indigenous peoples, primarily in order to assess their implications for the Indigenous stake in environmental governance. It identifies at least six major theories or perspectives concerning Indigenous environmental values and practices. Secondly, the chapter reviews the legal norms and governance tools that structure Indigenous involvement in environmental management, in order to assess their relative value for Indigenous stakeholders and implications for sustainable utilisation of natural resources.

"Everybody Loves Trees": Policing American Cities Through Street Trees, Irus Braverman

Journal Articles

Recently, municipalities have been investing large sums of money as well as much bureaucratic and professional effort into making their cities not only a more "treefull" place, but also a place that surveys, measures, regulates, and manages its trees. This article explores the transformation of the utilitarian discourse on trees, which focuses on the benefits of trees and greenery, into a normative discourse whereby trees are not only considered good but are also represented as if they are or should be loved by everybody. This transformation is not only the result of top-down governmental policies. It is also a consequence …

El Surgimiento Del Derecho Ambiental Global, Robert V. Percival

Faculty Scholarship

Legal systems across the globe are responding to environmental concerns in surprising new ways. As nations upgrade their environmental standards, some are transplanting law and regulatory policy innovations derived from the experience of other countries, including nations with very different legal and cultural traditions. New national, regional, and international initiatives have been undertaken both by governments and private organizations. Greater cross-border collaboration between government officials, nongovernmental organizations, multinational corporations and other entities is shaping environmental policy in ways that blur traditional private/public land domestic/international distinctions. The result has been the emergence of a kind of “global environmental law” – law …

Head Of State Criminal Responsibility For Environmental War Crimes: Case Study: The Arabian Gulf Armed Conflict 1990-1991, Meshari K. Eifan

Dissertations & Theses

This paper aims to provide a comparative study of the existing international criminal law framework and its relation to environmental protection during armed conflict. To approach this objective, the study will review the environmental crisis that occurred during the armed conflict in the Arabian Gulf in 1990-1991 as a case study for determining whether the international community adequately responds to these events.

Thus, this study is divided into five main parts. Part I assesses the justifications for a remedy, the criminal remedy, that is more adequate than the United Nations remedy taken toward Saddam Hussein’s actions against the environment, a …

Agenda: The Climate Of Environmental Justice: Taking Stock, University Of Colorado Boulder. School Of Law

The Climate of Environmental Justice: Taking Stock (March 16-17)

On March 16-17, The Climate of Environmental Justice: Taking Stock conference gathered 125 academics and practitioners from around the country to consider the pressing issues facing low-income and/or communities of color that continue to be subjected to a disproportionate share of environmental maladies.

"Some people are more equal than others when it comes to bracing ourselves for the impacts of climate change," said conference organizer Professor Maxine Burkett. "Whether it's because poor folks lived in the lowest areas of New Orleans when Katrina floodwaters rushed in, or are less able to afford the cooling bill during increasingly frequent heat waves, …

Genomics & Ethnicity: Using A Tool In The U.S. Environmental Protection Agency's Environmental Justice Toolkit, David L. Mcmurray Jr.

Journal of Health Care Law and Policy

No abstract provided.

Nothing Is Real: Protecting The Regulatory Void Through Federal Preemption By Inaction, Robert L. Glicksman

GW Law Faculty Publications & Other Works

Whether a federal statute preempts state law has important implications for the allocation of power between the federal and state governments. One aspect of preemption doctrine that has received relatively little scholarly attention is whether the federal government's failure to act is capable of preempting state law and, if so, when. In the regulatory context, Congress must first decide whether as a normative matter it should preempt state law despite its decision not to regulate activities regulated by states. Once Congress has done so, the courts may need to interpret federal legislation to determine whether Congress has decided to preempt …

India's Toxic Landfills: A Dumping Ground For The World's Electronic Waste, Nisha Thakker

PEEL Alumni Scholarship

From New Delhi in the north, to Calcutta in the south, a repetitive striking image is found in India’s metropolises. One reporter writes of a “hostile zone” in Calcutta where “high brick walls block the views of activities going on with- in.” What hides behind those walls, however, tells a chilling tale of what happens to the discarded electronics of developed countries. These electronic waste (“e-waste”) scrap yards have become common in India. Within these landfills children “as young as eight-years-old tear apart electronic components with bare hands, while vats of acid lying just a few feet away bubble like …

The Color Of Katrina: A Proposal To Allow Disparate Impact Environmental Claims, Rachael Moshman, Josh Hardenbergh

PEEL Alumni Scholarship

Covering this landscape was a brown, filmy sediment left behind by Katrina’s polluted floodwaters, which the U.S. Environmental Protection Agency’s (“EPA”) early tests showed had high levels of E. coli bacteria, oil and gas chemicals, lead, and varying quantities of arsenic. Other tests also found benzo(a)pyrene and petroleum hydrocarbons at levels above the EPA’s safe limit standards.2 Coastal towns became contaminated when the hurricane lifted up bayou sludge, polluted for decades by industrial chemicals, heavy metals, and organic petrochemicals.

Changing The Bathwater And Keeping The Baby: Exploring New Ways Of Evaluating Intent In Environmental Discrimination Cases, Browne C. Lewis

Law Faculty Articles and Essays

This paper is divided into four parts. Part one consists of a general overview of the problem of environmental discrimination. Part two gives a brief discussion of relevant Equal Protection jurisprudence. The section begins with a summary of general Equal Protection law. Then, the section analyzes the primary cases that established the foundation of modem-day Equal Protection doctrine. Part three examines the current application of the intent requirement in environmental discrimination cases. To that end, the section reviews the outcome of three of the early environmental discrimination cases, and speculates about the components that are necessary to prepare a successful …

Environmental Justice: A Universal Discourse, Dean Rivkin

Scholarly Works

No abstract provided.

What You Don't Know Can Hurt You: The Importance Of Information In The Battle Against Environmental Class And Racial Discrimination, Browne C. Lewis

Law Faculty Articles and Essays

People across the country have witnessed the quality of their local environment decline in the name of progress but Lewis argues that tow-income and minority persons have observed the disproportionate placement of environmental hazards in their communities. That disparity has partially resulted from environmental discrimination based upon class and race. Acknowledging unequal treatment of low-income and minority persons has led to the development of the concept of "environmental justice. "

The premise of this Article is that, in order to effectively combat environmental discrimination, people must have access to quality information. Information may be used as a remedial measure. This …

Environmental Legal Professionalism Adapted To Citizen Suit Processes, Brion Blackwelder

Faculty Scholarship

No abstract provided.

Judging Environmental Law, Richard J. Lazarus

Georgetown Law Faculty Publications and Other Works

The title of this Essay, "Judging Environmental Law," evokes several different themes. On the one hand, the title presents an occasion to discuss the role of judges in environmental law. On the other hand, it offers an opportunity to judge environmental law itself: whether environmental law is guilty, as charged by some in industry, of overreaching in its regulatory requirements; or, whether environmental law is instead guilty, as charged by some environmentalists, of underreaching, by failing to address pressing pollution control and natural resource management concerns. Finally, the title of the Essay possibly presents an occasion for a more theoretical …

Building An Environmental Ethic From The Ground Up, Alyson C. Flournoy

UF Law Faculty Publications

Over the last twenty years there has been a remarkable theoretical flourishing in the field of environmental philosophy, with the development of biocentric ethics, animal rights theories, deep ecology, ecofeminism, modified utilitarianism, moral pluralism and theories drawing on numerous religious and cultural traditions. These theories explore the intellectual and moral causes for the environmentally destructive practices of the dominant western industrial and economic culture, and propose alternatives that might avoid these consequences. This symposium raises a worthy question: to what extent have these theories had practical impact on environmental law and policy. I come to this question as a lawyer …

New Opportunities For Native American Tribes To Pursue Environmental And Natural Resource Claims, Allan Kanner, Ryan Casey, Barrett Ristroph

Duke Environmental Law & Policy Forum

No abstract provided.

An Analysis Of The Rights-Based Justification For Federal Intervention In Environmental Regulation, Daveed Gartenstein-Ross

Duke Environmental Law & Policy Forum

No abstract provided.

David, Goliath And The Beach Cleaning Machine: How A Small California Town Fought An Oil Giant—And Won! By Barbara Wolcott, Matt Brown

PEEL Alumni Scholarship

Wolcott’s book focuses on the small town of Avila Beach and how its citizens, upon learning that they were sitting on top of a large oil plume, fought to have Unocal, the company that had supported the town for so long, clean up the mess. At the center of the action are the lawyers and the bureaucrats who go up against the mighty corporation. The book describes how the environmental lawyers, the water experts, county and state politicians, state and county bureaucrats, the U.S. Army Corps of Engineers, the California Attorney General’s Office among others gathered their forces and used …

Environmental Law At Maryland, No. 16, Winter-Spring 2003

Environmental Law at Maryland

No abstract provided.

Brownfields Redevelopment And Superfund Reform Under The Bush Administration: A Refreshing Bipartisan Accomplishment, Melissa H. Weresh

Western New England Law Review

No abstract provided.

From The Trenches: What Hath Bush Wrought For The Environmental Lawyer In Private Practice? Or Much Can-Do About Nothing, Chris Mhyrom Esq.

Western New England Law Review

No abstract provided.

In Search Of An Environmental Ethic, Alyson C. Flournoy

UF Law Faculty Publications

A preliminary analysis of several core environmental provisions suggests that the mix of values embedded in our environmental statutes is substantially similar to the values found in the common law and non-environmental statutes. That is, the environmental statutes tend to reflect human concerns that predate any dawning of environmental awareness -- with only a modest introduction of new values or reasons for caring that are uniquely attributable to concern for the human relationship to the environment. If this is true, it seems to undermine a tenet of the public debate. It may call into question the very naming of these …

The Land Use ­ Environmental Law Distinction: A Geo-Feminist Critique, Nancy Perkins Spyke

Duke Environmental Law & Policy Forum

No abstract provided.

Panel: Ethical Dilemmas: Finding Common Ground On Controversial Issues, Lesley Blackner, Richard C. Foltz, Brion Blackwelder, Lisa C. Schiavinato, Alyson C. Flournoy

UF Law Faculty Publications

This panel discussion applied ethics to the theme of the 8th Annual Public Interest Environmental Conference. Panelists examined ways ethics may help reconcile industry (such as business and development) with environmentalism.

Agriculture And The Environment: Three Myths, Three Themes, Three Directions, J.B. Ruhl

Vanderbilt Law School Faculty Publications

Three very powerful and widely disseminated myths, what I call the Three Myths, have obscured the reality that agriculture is a leading source of environmental harm in our nation. Until we can divorce the dialogue on agri-environmental policy from these myths, the discussion of goals and policy instruments will remain mired.

Environmental Justice And Environmental Racism: An Annotated Bibliography And General Overview, Focusing On U.S. Literature, 1996-2002, Robin L. Turner, Diana Pei Wu

Scholarship and Professional Work - LAS

We review the literature published in academic, non-law journals on environmental justice and environmental racism, focusing on the literature relevant to the environmental justice movement in the United States. In the overview we define major concepts: environment, justice, race and racism. We discuss major trends in the literature and in the movement and current issues and debates, including risk assessment, GIS mapping, and community-based research and campaigns. Annotations are provided for over 100 publications. We also include a table of GIS based studies and findings, a list of publications and dissertations not summarized, and a list of special issues and …