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Environmental Law

2001

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Articles 241 - 253 of 253

Full-Text Articles in Law

Reflections On Environmental Justice, Michael B. Gerrard Jan 2001

Reflections On Environmental Justice, Michael B. Gerrard

Faculty Scholarship

Environmental justice is a very hot topic. Yesterday's New York Times on the front page of the Metropolitan section had a story stating: Mid-Sized Plants Headed to Poor Areas. The story stated, "The Pataki administration acknowledges in its own study that the electric generators that it wants to install around New York City would go into poor heavily minority communities, a finding that supports some of the arguments of the project's opponents. This is quoting an unreleased environmental justice analysis that may or may not be valid, but it certainly shows how hot a topic it is. This morning …

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Direct Environmental Standing For Chartered Conservation Corporations, Karl S. Coplan Jan 2001

Direct Environmental Standing For Chartered Conservation Corporations, Karl S. Coplan

Elisabeth Haub School of Law Faculty Publications

This article suggests that, as an antidote to the ever-tightening restrictions on individual environmental standing, a state may charter a not-for-profit corporation organized to protect a particular environmental resource, giving the corporation a non-exclusive portion of the State's interest in enforcing applicable environmental protections. The dichotomy between not-for-profit organizations that may litigate only as the representative of individual members' interests, and business corporations that assert their own direct economic interests, may seem natural to our late-twentieth-century sensibility, but is not founded in original intent. The framers of Article III, which grants jurisdiction over “cases and controversies” to the federal courts, …

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David Ross Brower And Nature's Laws, Nicholas A. Robinson Jan 2001

David Ross Brower And Nature's Laws, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

“We're not blindly opposed to progress. We're opposed to blind progress.” These words summed up the style and power of David R. Brower. Indelibly, he chiseled toe hold after toe hold on an arduous climb across the rock face of the commercial forces driven to seek short-term gain from natural resources and oblivious to the longer-term costs to the Earth that the ecological sciences would chronicle but that economists would disregard as mere “externalities” in their classical market models. As Brower campaigned to protect the wilderness of North America and the Earth, through his sheer conviction and abundant eloquence, he …

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Legal Systems, Decisionmaking, And The Science Of Earth's Systems: Procedural Missing Links, Nicholas A. Robinson Jan 2001

Legal Systems, Decisionmaking, And The Science Of Earth's Systems: Procedural Missing Links, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

Decisionmakers disregard scientific findings regarding environmental conditions, despite recommendations of the 1992 "Earth Summit" in Agenda 21 that science should provide a foundation for sustainable development. Although environmental degradation trends continue to exacerbate, decisionmakers address only selected issues. This Article examines an analytic paradigm for evaluating when decisionmakers are ready to address a problem and describes the catalytic role that scientific information can serve in prompting remedial action. Unless systematic procedures require evaluation of environmental scientific findings in the normal course of decisionmaking, science will continue to be ignored. One hallmark of Environmental Law has been to fashion such procedures, …

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Forest Fires As A Common International Concern: Precedents For The Progressive Development Of International Environmental Law, Nicholas A. Robinson Jan 2001

Forest Fires As A Common International Concern: Precedents For The Progressive Development Of International Environmental Law, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

Without a better global effort to prevent and cope with forest fires, the remaining wild forests' resources of the world are at risk. Quite apart from the present loss of commercial timber and species habitat, and the present problems of flooding and erosion in the aftermath of fires, the loss of these wooded lands will reduce the capacity of regions to absorb carbon dioxide through photosynthesis, thereby making the challenge of managing emissions of greenhouse gases all the more problematic. Forests sequester carbon in their woody tissue as a result of photosynthesis, and are often termed the “lungs” of the …

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Apples For Oranges, J.B. Ruhl, James Salzman Jan 2001

Apples For Oranges, J.B. Ruhl, James Salzman

Vanderbilt Law School Faculty Publications

Over the last decade, there has been a sea change in environmental law and policy, marked by growing interest in market-based instruments of environmental protection. In particular, approaches that explicitly commodify environmental impacts by creating markets for their sale are on the rise. These environmental trading markets (ETMs) now operate in a range of regulatory settings where parties exchange credits to emit air pollutants, extract natural resources, and develop habitat. In fact, every major environmental policy review in the last five years has called for even greater use of ETMs. Markets for environmental commodities represent the new wave of environmental …

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Implementing Everglades Restoration, Mary Doyle Jan 2001

Implementing Everglades Restoration, Mary Doyle

Articles

No abstract provided.

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Researching International Environmental Law, Ronald E. Wheeler Jan 2001

Researching International Environmental Law, Ronald E. Wheeler

Faculty Scholarship

Question: I would like to use the Internet to research issues involving international law, specifically international environmental law. How can I access relevant information quickly if I have very little information to begin with?

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Natural Resource Management And Conservation – Fisheries And Marine Mammals: The Year In Review, Rosemary Rayfuse Dec 2000

Natural Resource Management And Conservation – Fisheries And Marine Mammals: The Year In Review, Rosemary Rayfuse

Rosemary Rayfuse

No abstract provided.

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Sustainability, Uncertainty And Global Fisheries, Rosemary Rayfuse, Martijn Wilder Dec 2000

Sustainability, Uncertainty And Global Fisheries, Rosemary Rayfuse, Martijn Wilder

Rosemary Rayfuse

No abstract provided.

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Strategic Plan, Steve Konkel, Joe Beck, Eric Barker Dec 2000

Strategic Plan, Steve Konkel, Joe Beck, Eric Barker

Steve Konkel

The Kentucky Association of Counties (KACo) strategic effort was organized under the aegis of Robert Arnold, the Executive Director of KACo. Strategic Focus, a strategic pllaning and facilitation organization, was selected to facilitate the meetings and provide consultation regarding development of the plan.

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Escaping The Common Law's Shadow: Standing In The Light Of Laidlaw, Robert Percival Dec 2000

Escaping The Common Law's Shadow: Standing In The Light Of Laidlaw, Robert Percival

Robert Percival

No abstract provided.

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The Secondary Effects Of Environmental Justice Litigation, Gregg P. Macey Dec 2000

The Secondary Effects Of Environmental Justice Litigation, Gregg P. Macey

Gregg P. Macey

Environmental justice organizations across the country are pursuing redress for disproportionate exposure to environmental harm. While most of the litigation pursued in the name of environmental justice has not resulted in legal remedies, the secondary effects of these legal efforts have not been given sufficient attention. A cross-sectional approach, which holds the context in which organizations pursue litigation constant while scrutinizing whether legal remedies have been achieved, is quite common in the environmental justice literature. Such an approach ignores the unique characteristics of community organizations that influence their ability to adapt to complex decision-making environments. These characteristics, which include membership, …

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