Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- EPA (25)
- Environmental law (25)
- Environmental Law (21)
- International environmental law (17)
- Conservation (15)
-
- Environmental Protection Agency (14)
- Endangered Species Act (13)
- Environmental regulations (12)
- Pollution (11)
- NEPA (10)
- National Environmental Policy Act (10)
- Natural resources (10)
- Clean Water Act (9)
- Climate Change (9)
- Climate change (9)
- Environmental protection (8)
- International Law (8)
- Public lands (8)
- CERCLA (7)
- Environmental policy (7)
- Environmental regulation (7)
- Water pollution (7)
- Biodiversity (6)
- ESA (6)
- Endangered species (6)
- Environment (6)
- International law (6)
- National Environmental Policy Act of 1969 (6)
- Sustainability (6)
- Wildlife (6)
- Publication Year
- Publication
- Publication Type
Articles 31 - 60 of 292
Full-Text Articles in Law
Nature's Rights, Christiana Ochoa
Nature's Rights, Christiana Ochoa
Articles by Maurer Faculty
Do forests and rivers possess standing to sue? Do mountain ranges have substantive rights? A recent issue of The Judges’ Journal, a preeminent publication for American judges, alerts the bench, bar, and policymakers to the rapidly emerging “rights of nature,” predicting that state and federal courts will increasingly see claims asserting such rights. Within the United States, Tribal law has begun to legally recognize the rights of rivers, mountains, and other natural features. Several municipalities across the United States have also acted to recognize the rights of nature. United States courts have not yet addressed the issue, though in 2017, …
Federal Public Lands Policy And The Climate Crisis And Proposed Policy: Sequential Mitigation And Net Conservation Benefit, Robert L. Fischman
Federal Public Lands Policy And The Climate Crisis And Proposed Policy: Sequential Mitigation And Net Conservation Benefit, Robert L. Fischman
Books & Book Chapters by Maurer Faculty
Professor Fischman's contributions to this colleciton include the sections, "Federal Public Lands Policy and the Climate Crisis" and "Proposed Policy: Sequential Mitigation and Net Conservation Benefit."
The Third Age Of Oil And Gas Law, James Coleman
The Third Age Of Oil And Gas Law, James Coleman
Indiana Law Journal
History’s biggest oil boom is happening right now, in the United States, ushering in the third age of oil and gas law. The first age of oil and gas law also began in the United States a century ago when landowners and oil companies developed the oil and gas lease. The lease made the modern oil and gas industry possible and soon spread as the model for development around the world. In the second age of oil and gas law, landowners and nations across the globe developed new legal agreements that improved upon the lease and won these resource owners …
First Amendment “Harms”, Stephanie H. Barclay
First Amendment “Harms”, Stephanie H. Barclay
Indiana Law Journal
What role should harm to third parties play in the government’s ability to protect religious rights? The intuitively appealing “harm” principle has animated new theories advanced by scholars who argue that religious exemptions are indefensible whenever they result in cognizable harm to third parties. This third-party harm theory is gaining traction in some circles, particularly in light of the Supreme Court’s pending cases in Little Sisters of the Poor and Fulton v. City of Philadelphia. While focusing on harm appears at first to provide an appealing, simple, and neutral principle for avoiding other difficult moral questions, the definition of harm …
Water, Water, Anywhere?: Protecting Water Quantity In State Water Quality Standards, Julie F. Youngman
Water, Water, Anywhere?: Protecting Water Quantity In State Water Quality Standards, Julie F. Youngman
Indiana Law Journal
Although much of the earth’s surface is covered with water, less than one percent of water is available for human use. Water is becoming progressively scarcer worldwide, as demand increases and pollution, drought, and climate change jeopardize access to clean water. The United States is no exception to that trend. Effective regulation of water supplies can blunt the impacts of water scarcity. This Article suggests that states can—and should—regulate instream flows and lake levels in their federally-mandated water quality standards, with an eye toward conserving scarce water resources. Regulating water quantity as an element of water quality is not only …
Bounding Forward, Robert L. Fischman
Bounding Forward, Robert L. Fischman
Articles by Maurer Faculty
In the race to save the planet from climate change, resilience has been misconstrued as sustaining historic conditions. But some of them are undesirable and others no longer feasible. Adaptive governance can promote transformation to help communities frustrated with current conditions.
Money That Costs Too Much: Regulating Financial Incentives, Kristen Underhill
Money That Costs Too Much: Regulating Financial Incentives, Kristen Underhill
Indiana Law Journal
Money may not corrupt. But should we worry if it corrodes? Legal scholars in a range of fields have expressed concern about “motivational crowding-out,” a process by which offering financial rewards for good behavior may undermine laudable social motivations, like professionalism or civic duty. Disquiet about the motivational impacts of incentives has now extended to health law, employment law, tax, torts, contracts, criminal law, property, and beyond. In some cases, the fear of crowding-out has inspired concrete opposition to innovative policies that marshal incentives to change individual behavior. But to date, our fears about crowding-out have been unfocused and amorphous; …
States Rise To The Front Of Climate Legislation, But Can A State-Level Carbon Tax Work?, Katelyn Nicasio
States Rise To The Front Of Climate Legislation, But Can A State-Level Carbon Tax Work?, Katelyn Nicasio
Indiana Law Journal
This Note uses two recent Massachusetts carbon tax proposals to discuss the costs and benefits of such state-level climate change legislation but discusses similar regional proposals as well. Although a state carbon tax poses some limitations and concern for the increased tax burden relative to other states that have not imposed a tax, the adoption of state carbon taxes represents an important advancement in climate policy. Part I overviews legislative tactics used to combat climate change thus far, including common policy responses, and the current attitude of federal legislators toward the global climate crisis. Part II introduces the advantages and …
Letting Go Of Stability: Resilience And Environmental Law, Robert L. Fischman
Letting Go Of Stability: Resilience And Environmental Law, Robert L. Fischman
Indiana Law Journal
Historic variation in the environment once served as a reliable guide to future behavior. Sustainability promised continuity of ecological and social structures and functions within the known envelope of historic variation. Now climate change and other environmental stressors are tipping systems into behaviors that no longer remain within the confines of precedent. Social-ecological systems are neither persistent nor predicable. Letting go of stability releases us from untenable expectations of steady maintenance of some natural order. Resistance to change will continue to play a role as environmental law suppresses disruptions and buys time. But resistance will eventually yield the stage to …
Energy Re-Investment, Hari M. Osofsky, Jacqueline Peel, Brett H. Mcdonnell, Anita Foerster
Energy Re-Investment, Hari M. Osofsky, Jacqueline Peel, Brett H. Mcdonnell, Anita Foerster
Indiana Law Journal
Despite worsening climate change threats, investment in energy—in the United States and globally—is dominated by fossil fuels. This Article provides a novel analysis of two pathways in corporate and securities law that together have the potential to shift patterns of energy investment.
The first pathway targets current investments and corporate decision-making. It includes efforts to influence investors to divest from owning shares in fossil fuel companies and to influence companies to address climate change risks in their internal decision-making processes. This pathway has received increasing attention, especially in light of the Paris Agreement and the Trump Administration’s decision to withdraw …
Controlling Biogenic Volatile Organic Compounds For Air Quality, Brian Sawers
Controlling Biogenic Volatile Organic Compounds For Air Quality, Brian Sawers
Indiana Law Journal
This Article tells a story that is true but seems completely wrong: Trees can make air pollution worse. Smog and ground-level ozone require two chemical ingredients to form: nitrous oxides (NOx) and volatile organic compounds (VOCs). On a warm, sunny day, these two precursors combine to form smog and ground-level ozone, a pollutant. While NOx are pollutants that are largely human-created, VOCs can originate with plants. In fact, emissions of just one type of VOC from trees exceed all human-caused emissions.
This Article presents new research on the impact of plants, especially trees, on air quality. The science is complicated …
The Fragile Menagerie: Biodiversity Loss, Climate Change, And The Law, James M. Chen
The Fragile Menagerie: Biodiversity Loss, Climate Change, And The Law, James M. Chen
Indiana Law Journal
I. THE HIPPODROME OF THE GODS: RACING AGAINST ECOLOGICAL AND
EVOLUTIONARY APOCALYPSE....................................................................... 304
II. ACROSS THE APOCALYPSE ON HORSEBACK: LEGAL RESPONSES
TO BIODIVERSITY LOSS .................................................................................... 310
A. OVERKILL ........................................................................................... 310
B. ALIEN INVASIVE SPECIES ..................................................................... 316
C. HABITAT DESTRUCTION AND PUBLIC LAND MANAGEMENT .................. 321
1. ISLAND BIOGEOGRAPHY .............................................................. 321
2. PUBLIC LANDS MANAGEMENT..................................................... 325
III. THE ENDANGERED SPECIES ACT: FROM PRIVATE LANDS TO
GLOBAL COMMONS .......................................................................................... 329
A. ENDANGERED SPECIES ACT MECHANICS .............................................. 330
1. LISTING ENDANGERED AND THREATENED SPECIES....................... 330
2. CRITICAL HABITAT ..................................................................... 333
3. INTERAGENCY CONSULTATION .................................................... 333
B. HABITAT CONSERVATION ON PRIVATE LANDS...................................... 335
C. …
Shifting Between Public And Private: The Reconfiguration Of Global Environmental Regulation, Orr Karassin, Oren Perez
Shifting Between Public And Private: The Reconfiguration Of Global Environmental Regulation, Orr Karassin, Oren Perez
Indiana Journal of Global Legal Studies
Over the past two centuries, public environmental regulation (PER) has been progressively supplemented by private transnational regulation (PTR), creating a hybrid environmental governance regime. A fivecategory typology is developed to describe the ways in which international and national PER interact with private forms of environmental regulation. We then analyze the policy considerations that are relevant to the design of such hybrid regimes and various forms of interaction. Next, we describe two case studies that demonstrate the diversity of interactions between PER and PTR in a single regime. The case of sustainability reporting illustrates how public law builds on the expertise …
State Imperiled Species Legislation, Robert L. Fischman, Vicky J. Meretsky, Willem Drews, Katlin Stephani, Jennifer Teson
State Imperiled Species Legislation, Robert L. Fischman, Vicky J. Meretsky, Willem Drews, Katlin Stephani, Jennifer Teson
Articles by Maurer Faculty
State wildlife conservation programs are essential to accomplishing the national goal of extinction prevention. By virtue of their constitutional powers, their expertise, and their on-the-ground personnel, states could—in theory—accomplish far more than the federal agencies directly responsible for implementing the Endangered Species Act (ESA). States plausibly argue that they can catalyze collaborative conservation that brings together key stakeholders to improve conditions for imperiled species. Bills to revise the ESA seek to delegate greater authority to states. We evaluated states’ imperiled species legislation to determine their legal capacity to employ the key regulatory tools that prompt collaborative conservation. All but four …
Empirical Environmental Scholarship, Robert L. Fischman, Lydia Barbash-Riley
Empirical Environmental Scholarship, Robert L. Fischman, Lydia Barbash-Riley
Articles by Maurer Faculty
The most important development in legal scholarship over the past quarter century has been the rise of empirical research. Drawing upon the traditions of legal realism and the law and economics movement, a variety of social science techniques have delivered fresh perspectives and punctured false claims. But environmental law has been slow to adopt empirical tools, and our findings indicate that it lags behind other fields. There are several clear benefits from an empirical agenda to explore how to make environmental law more effective. But no previous article has applied the lessons from empirical scholarship in other fields to environmental …
The Tension Between Korean Environmental Protection Policies And U.S. Investors' Interests Under The U.S.-Korea Free Trade Agreement, Changsung Kang
The Tension Between Korean Environmental Protection Policies And U.S. Investors' Interests Under The U.S.-Korea Free Trade Agreement, Changsung Kang
Maurer Theses and Dissertations
South Korea’s low carbon and ‘green growth’ policies possess potential regulatory changes that reduce foreign investors’ interests and legitimate expectations concerning the profitability of their businesses. Although international investment law protects a government’s right to protect legitimate public welfare objectives, such as environmental protection, the investor-State dispute settlement provision allows foreign investors to seek compensation for a country’s law and policies contrary to their interests. On the other hand, investor-State dispute settlement provisions inherently have many problems. Despite the problems, protecting both foreign investors’ interests and States’ regulatory sovereignty is very important. For this reason, this dissertation examined why the …
Potential Regulatory Systems For Carbon Capture And Sequestration (Ccs): Legal Analysis Of The Current And Future Regulatory Systems And Recommendations For Acceptance In South Korea, Moonsook Park
Maurer Theses and Dissertations
The purpose of this dissertation is to create legal and regulatory systems for Carbon Capture and Sequestration (CCS), based on demonstrating rationales of this technology. This dissertation analyzes whether or not existing international and domestic (including the United States, Australia, China, and South Korea) laws could cover potential legal issues. After exploring desirable directions for addressing key legal issues regarding CCS, this dissertation ultimately aims to set up a legal and regulatory framework for CCS in South Korea.
Specifically, permits, environmental impact assessments, liability, and property rights issues are of common importance, which are priority areas to establish well. In …