Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Frostpaw Addresses Global Warming, William Snape
Frostpaw Addresses Global Warming, William Snape
Articles in Law Reviews & Other Academic Journals
INTRODUCTION: Climate change impacts the law on many levels and in many ways. This Article asks a threshold question: what legal structures will most effectively reduce growing levels of anthropogenic greenhouse pollution? The answer is that an existing U.S. statute-the Clean Air Act-not only possesses clear commands to ratchet down greenhouse pollutants domestically, but also provides explicit authority to negotiate concomitant air pollution reduction with countries around the planet in a fair, transparent, and reciprocal fashion. Further, application of the Clean Air Act is consistent with other legal and policy tools to address global warming. This statute-based solution, while facially …
Using Citizen Suits To Protect Biodiversity, William Snape
Using Citizen Suits To Protect Biodiversity, William Snape
Articles in Law Reviews & Other Academic Journals
INTRODUCTION: Over the past several decades, environmental advocates have expended enormous effort attempting to pass laws that protect air, water, land and species.' But even the best written laws will not be effective unless they are implemented. At the federal level, most modern environmental statutes include enforcement mechanisms that allow for the active involvement of the public. The most common of these are provisions authorizing citizen suits and public comments on proposed agency actions. The rationale for this public involvement is simply that federal agencies sometimes do not enforce or obey the laws they are charged to uphold. For instance, …