Law Commons^™

Cross-Border Trucking: An Analysis Of The Limited Extent Of Agency Authority And The Potential For Detrimental Environmental Results As Illustrated By Department Of Transportation V. Public Citizen, Stephanie Rudell

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Toward A Sustainable Future: An Environmental Agenda For The Second Term Of The Obama Administration, David M. Uhlmann

Other Publications

Much was at stake in the Presidential election of 2012, which was marked by heated debate over the trajectory of the economy, the expiration of the Bush tax cuts, and the fat of the President's health care plan. The candidates disagreed about nearly every issue from foreign policy and the war on terror to a woman's right to choose and same-sex marriage. Lost amid the din and never mentioned in the Presidential debates or most of the campaign speeches was another divisive topic: how our environmental laws and policies should address global climate change and chart a sustainable future for …

Michael Bloomberg's Environmental Record, Bill De Blasio's Promises, Michael B. Gerrard

Faculty Scholarship

On Nov. 23, 2001, under the headline “Michael Bloomberg’s Environmental Agenda,” this column began, “The stun­ning victory of Michael R. Bloomberg in the Nov. 6 election means that City Hall will be occupied by a man who has no record in environmental affairs.” The column went on to summarize the promises found in Bloomberg’s campaign literature and other statements.

Now with Mayor Bloomberg’s term about to end and Bill de Blasio’s about to begin, we can compare the outgoing mayor’s accomplishments to his promises, and also look at what the incom­ing mayor has pledged.

The Difficult Problem Of Nonpoint Nutrient Pollution: Could The Endangered Species Act Offer Some Relief?, Zdravka Tzankova

Zdravka Tzankova

Nutrient pollution of rivers, streams, lakes, and estuaries is one of the preeminent water quality issues in the United States today, and poses a significant threat to the health of aquatic ecosystems. Agricultural nonpoint discharges, the runoff of nitrogen and phosphorous from animal manure and chemical fertilizers, are the primary sources of such nutrient pollution.

A pervasive and long-standing problem, nonpoint pollution, nutri- ent and otherwise, has proven to be one of the toughest challenges in contemporary environmental regulation. This situation is significantly attributable to the political and administrative dynamics of fragmented regulatory authority. The power to control such nonpoint …

Hazy Skies In America’S Future?: The Battle Between “Free Industry” And Clean Air, Oded Cedar

Sustainable Development Law & Policy

No abstract provided.

National Security In The 21st Century: How The National Security Council Can Solve The President’S Climate Change Problem, Arija Flowers

Sustainable Development Law & Policy

No abstract provided.

Between A Rock And A Hard Place: Transatlantic Efforts At A Supranational Climate Policy, Brianna Hand

Claremont-UC Undergraduate Research Conference on the European Union

No abstract provided.

The Environment In New York State, Michael B. Gerrard, Claire H. Woods

Faculty Scholarship

This article explores the environmental policy in New York State. Science is significant as a driver of environmental policy, but public opinion is even more important. The story of the New York State's water supply is dominated by the historic quest to supply water to New York City. The State Environmental Quality Review Act (SEQRA) has been the most fertile source of environmental litigation in New York State courts. New York's solid waste expenditures have soared as it has had to pay commercial landfills and incinerators to take waste that had previously been cheaply dumped at Fresh Kills. New York …

Keynote Essay: A Modern Political Tribalism In Natural Resources Management, Zygmunt J.B. Plater

Zygmunt J.B. Plater

The first law of ecology holds that everything is connected to everything else. This conference addresses the challenges and dilemmas of resource management policy on America’s public lands, but it seems useful both for the purposes of the conference and in broader terms to note how resource management is connected to larger questions of global integrity and human governance. This essay explores a troubling fact of modern political life: As the problems of managing the economy and ecology of this nation become ever more complex, subtly-interrelated, pressured and demanding, our processes of legal and political governance might be expected to …

Dealing With Dumb And Dumber: The Continuing Mission Of Citizen Environmentalism, Zygmunt J.B. Plater

Zygmunt J.B. Plater

Surveying the history of citizen environmentalism in the context of environmental law and politics over the past fifty years, this essay hypothesizes five different categories of corporate, governmental, political, and individual actions that deserve to be called “dumb,” and the societal lessons that have been or could be learned from each. If there is truth to the wistful aphorism that “we learn from our mistakes,” then our society is in position to learn a great deal about our world and how it works, which perhaps provides some ground for hope for the years to come. Environmentalism embodies fundamentally rational and …

Environmental Deliberative Democracy And The Search For Administrative Legitimacy: A Legal, Positivism Approach, Michael Ray Harris

University of Michigan Journal of Law Reform

The failure of regulatory systems over the past two decades to lessen the environment degradation associated with modern human economic output has begun to undermine the legitimacy of environmental lawmaking in the United States and around the world. Recent scholarship suggests that reversal of this trend will require a breach of the environmental administrative apparatus by democratization of a particular kind, namely the inclusion of greater public discourse within the context of regulatory decision-making. This Article examines this claim through the lens of modern legal positivism. Legal positivism provides the tools necessary to test for and identify the specfic structural …

Globalization And The Institutional Dynamics Of Global Environmental Governance, Tun Myint

Indiana Journal of Global Legal Studies

This paper is concerned with globalization and the institutional dynamics of global environmental governance. How do the phenomena of globalization shape the study of the institutional dimensions of global environmental governance, and how do these phenomena influence the practicality of law and state-centric politics? These questions guide the direction of this paper and its aim to advance theories and research methods for the study of the dynamics of institutions for governance. By synthesizing the conceptual findings of the literature, this paper develops an analytical framework of globalization and analytical themes to advance the systematic study of the dynamics of institutions, …

Survey Mode Effects On Valuation Of Environmental Goods, W. Kip Viscusi, Jason Bell, Joel Huber

Vanderbilt Law School Faculty Publications

This article evaluates the effect of the choice of survey recruitment mode on the value of water quality in lakes, rivers, and streams. Four different modes are compared: bringing respondents to one central location after phone recruitment, mall intercepts in two states, national phone-mail survey, and an Internet survey with a national, probability-based sample. The modes differ in terms of the representativeness of the samples, non-response rates, sample selection effects, and consistency of responses. The article also shows that the estimated benefit value can differ substantially depending on the survey mode. The national Internet panel has the most desirable properties …

Can The Esa Address The Threats Of Atmospheric Nitrogen Deposition? Insights From The Case Of The Bay Checkerspot Butterfly, Zdravka Tzankova, Dena Vallano, Erika Zavaleta

Zdravka Tzankova

The Bay Checkerspot Butterfly reached its threatened status largely as a result of habitat loss through development. The species now benefits from the habitat pro- tection powers of the Endangered Species Act, yet the biggest new hazard to the survival of remaining Bay Checkerspot Butterfly populations may come from atmospheric nitrogen deposition. Driven by combustion and agricultural emissions, such deposition is an important cause of change in ecosystem structure and function, including potentially critical changes in the remaining Bay Checkerspot Butterfly habitat. We use the Bay Checkerspot Butterfly case to examine whether the Endan- gered Species Act, as it currently …

Don't Tread On Me! Greenhouse Gases Must Never Choke American Freedom, Beau James Brock

Beau James Brock

This article examines: (1) the core of our American belief in freedom and the relationship between dutiful citizen and responsible government; (2) greenhouse gas policy making dictated by the EPA and the ubiquitous state of global economic conflict; and (3) the fundamental principle our Nation must ascribe to throughout this debate is we will best serve our most vulnerable citizens not through elitist dictates, but by open debate.

Re-Envisioning The Los Angeles River: An Ngo And Academic Institute Influence The Policy Discourse, Robert Gottlieb, Andrea Misako Azuma

Golden Gate University Law Review

During the past decade, the L.A. River has become a subject of intense re-examination, a major topic of policy debate, and a new kind of environmental icon. It has increasingly come to symbolize the quest to transform the built urban environment from a place seen as representing violence and hostility for communities and for Nature, to one of rebirth and opportunity." To re-envision the Los Angeles River as a place of community and ecological revitalization rather than an exclusive and dangerous flood channel fenced off from the communities that surround it provides a powerful message of renewal for urban rivers …

Nepa In The Hot Seat: A Proposal For An Office Of Environmental Analysis, Aliza M. Cohen

University of Michigan Journal of Law Reform

Judicial deference under the National Environmental Policy Act (NEPA) can be problematic. It is a well-established rule of administrative law that courts will grant a high degree of deference to agency decisions. They do this out of respect for agency expertise and policy judgment. This deference is applied to NEPA lawsuits without acknowledging the special pressures that agencies face while assessing the environmental impacts of their own projects. Though there is a strong argument that these pressures undermine the reasons for deferential review, neither the statute nor the courts have provided plaintiffs with adequate means to remedy this problem. Agency …

A View From The Front Lines: The Fate Of Utah's Redrock Wilderness Under The George W. Bush Administration, Stephen H.M. Bloch, Heidi J. Mcintosh

Golden Gate University Law Review

What this article is not. This article is not a treatise on the more than twenty-five year Utah wilderness debate, though that issue is discussed where pertinent. This article also does not provide a detailed legal background on the laws and regulations governing oil and gas activities on BLM-managed lands, nor does it repeat the thorough analysis already contained in many recent articles on the legal ins-and-outs of R.S.2477. What this article is. This article is an overview, an executive summary of the heady and fast-paced times that we work in as the conservation community reacts, responds, and attacks the …

Critical Habitat At The Crossroads: Responding To The G.W. Bush Administration's Attacks On Critical Habitat Designation Under The Esa, Mike Senatore, John Kostyack, Andrew Wetzler

Golden Gate University Law Review

In this article, we argue that the George W. Bush Administration's ("Administration") attacks on the critical habitat protections in the Endangered Species Act ("ESA") warrant priority attention from the environmental movement. Many species across the United States and, indeed, around the world, continue to slip towards extinction. As Congress recognized when it passed the ESA, the decline of most species can be directly traced to the destruction of their habitat. Protection and restoration of ecosystems that support endangered species is thus fundamental to species conservation.

Snake River Dam Breaching: River & Salmon Politics In The George W. Bush Administration, David L. Wegner

Golden Gate University Law Review

It is the objective of this paper to outline some of the administrative and legislative history that has led to the present state of salmon affairs in the Snake River basin. In addition, it is the intent to outline some of the compounding reasons that have led to the decline of the salmon and finally to outline some of the actions that are necessary to move beyond the bureaucratic stalemate that the salmon find themselves in today.

Unbearable? Bitterroot Grizzly Bear Reintroduction & The George W. Bush Administration, Rob Roy Smith

Golden Gate University Law Review

This article begins by providing a brief overview of the history of the grizzly bear reintroduction efforts and the Clinton Administration's decision to move forward with plans to secure an experimental population of the threatened species in the remote wilderness of Idaho and Montana. Section III focuses on local reaction to the decision to reintroduce the grizzly bear, and in particular, the strong rhetoric of the Idaho congressional delegation opposing the reintroduction. Section IV brings new light on the subsequent legal challenge brought by Governor Dirk Kempthorne and the Republican legislative leadership of the State of Idaho to bar the …

The Republican Divide On Wilderness Policy, Jim Dipeso, Tom Pelikan

Golden Gate University Law Review

Wilderness is an issue that exposes a deep political fault line within the Republican Party. Republican leaders such as Theodore Roosevelt are credited with laying the philosophical and legal groundwork that resulted in establishment of the National Wilderness Preservation System. Republicans who worked for wilderness protection cited benefits such as protecting the nation's natural and historical heritage, conserving resources for the future, and providing opportunities for beneficial outdoor recreation. Other Republican leaders, however, have fought wilderness protection on the grounds that preservation is an inappropriate government constraint on free markets and is harmful to the economy by limiting commodity production …

Kyoto's So-Called "Fatal Flaws": A Potential Springboard For Domestic Greenhouse Gas Regulation, Denee A. Diluigi

Golden Gate University Law Review

This Comment discusses the United States' capability to initiate a new domestic program to confront climate change in the wake of the current political stance on environmental issues. Additionally, this Comment proposes a program premised on market-based incentives that will serve as a compromise between industry and the environment to ensure that the United States takes affirmative action to reduce and limit domestic GHG emissions. Section II of this comment discusses the various factors that contribute to the scientific phenomenon of global warming. It also addresses the scientific community's divergent positions with respect to the causes of global warming and …

Ratification Resisted: Understanding America's Response To The Convention On Biological Diversity, 1989-2002, Robert F. Blomquist

Golden Gate University Law Review

This Article undertakes a broad, synoptic evaluation of America's complex response to the Convention. It paints an intricate picture of American legal and policy initiatives, on multiple levels, for enhanced domestic and international protection of biodiversity juxtaposed with concomitant legal and policy footdragging. Part I limns, in bold lines, the basic structure of the matter: initially it provides a brief overview of the genesis and contents of the CBD; then,' it sketches a chronological synopsis of America's formal and informal response to the CBD. Part II adds some detailed brushwork: it attempts to deepen understanding of the various tensions, concerns, …

U.S. Climate Change Policy Under President Clinton: A Look Back, Amy Royden

Golden Gate University Law Review

This article describes the evolution of the Clinton Administration's policy on climate change and point to factors that influenced its deliberations. It focuses on the U.S. positions in international negotiations, international reaction to these positions, and domestic policies and politics that influenced these positions. More detailed analyses of certain issues - such as full descriptions of all the climate change-related activities undertaken by the federal government, both abroad and at home - are beyond the scope of this article.

Consensus Among Many Voices: Articulating The European Union's Position On Climate Change, Nuno S. Lacasta, Suraje Dessai, Eva Powroslo

Golden Gate University Law Review

This article attempts to provide an overview of key policy elements of the European Union's climate policy since the adoption of the UNFCCC in 1992. Section II discusses the main features of the EU as an actor vis-a-vis its Member States and the international community at large. Section III identifies the key actors at play in the EU context; Section IV analyzes the EU's track record on domestic policies and measures. Section V, in turn, debates selected key topics in the international climate change negotiations from a EU perspective. Finally, section VI debates the prospects of continued international EU leadership …

The Southern California Wetlands Recovery Project: The Unfolding Story, Joan Hartmann

Golden Gate University Law Review

The Southern California Wetlands Recovery Project is an unprecedented alliance for Southern California that currently includes sixteen state and federal agencies, local government, business leaders, and the environmental community working with an illustrious panel of scientific advisors and active task forces in each of the five coastal Southern California counties. It seeks to acquire, restore and expand wetlands in these counties. What follows describes the lessons, the tensions, the initial achievements, and the as yet unresolved issues in the unfolding story of the Recovery Project. Part I describes the unprecedented growth experienced in coastal Southern California and the effect this …

Does The U.S. Government Realize That The Sea Is Rising? How To Restructure Federal Programs So That Wetlands And Beaches Survive, James G. Titus

Golden Gate University Law Review

This article examines practical federal options to prepare for one of the impacts of global warming-sea level rise. Part I examines the implications of greenhouse gases for our coastal zones, explains the causes and effects of sea level rise, and analyzes the implications of various responses. Part II examines how specific federal policies are currently failing to address existing and projected sea level rise, and enumerates a number of modest changes that may well have been included in these programs to begin with, had sea level rise been as well recognized when the programs were created as it is today. …

The Environmental Challenge Of The Common Market In South America: Rema Under Mercosur, Pedro Villegas

Golden Gate University Law Review

This article will first discuss the type of cooperation that MERCOSUR provides for negotiation of trade and environmental policies. Comparison with the NAFTA illustrates the limited range of MERCOSUR initiatives beyond trade policies and its defense within general inter-American development debates. Second, the article offers a profile of current Southern Cone environmental challenges. Third, the article lays out MERCOSUR's environmental policies and the paucity of progress made in adequately addressing those environmental challenges.

Legal Theory And The Anthropocene Challenge: The Implications Of Law, Science, And Policy For Weapons Of Mass Destruction And Climate Change: The Expanding The Constraining Boundaries Of Legal Space And Time And The Challenge Of The Anthropocene, Winston P. Nagan, Judit K. Otvos

UF Law Faculty Publications

The idea of legal theory as a self-conscious theory for inquiry about law has opened up the framework of observation and participation. It has heightened social responsibility in ways that have been creative and receptive to analogies and metaphors from the developments in modern science. This paper explores some of these dominant borrowed metaphors. It further emphasizes the importance of the wide range of concerns in law technically, as well as the law’s capacity to manage and manipulate space and time implicating such issues as weapons of mass destruction, rights of indigenous people, deforestation, and climate change. By giving the …