Law Commons^™

The Unep Regional Seas Programme: Bridging The Governance Gap, Nilufer Oral

Global Environmental Law at a Crossroads

One of the important outcomes of the historic 1972 United Nations Conference on the Human Environment (UNCHE) forty years ago was the establishment of the United Nations Environmental Programme (UNEP) and the UNEP Regional Seas Programme. Today the UNEP Regional Seas Programmes, with eighteen regional seas programmes under its auspices, has created an institutional and governance framework for the protection and preservation of the marine environment based on state co-operation at the regional level. Ideally, under the centralized and coordinated administration of UNEP each regional sea programme should have a standardized regional framework of governance based on the best available …

The Contribution Of Local Conventions To The Effectiveness Of Environmental Law In Burkina Faso, Habib Ahmed Djiga

Global Environmental Law at a Crossroads

Burkina Faso, a small country in West Africa, is hard struck by desertification, drought, rainfall irregular, land degradation, competitions related to access and management of natural resources. These environmental challenges have provoked food insecurity and increasing poverty. These difficulties exacerbate the harsh living conditions of communities, accentuate their vulnerability to climate change and increase conflicts over natural resource use.

Facing to this context, the Burkinabe State authorities have taken action to protect the environment that led to the development of environmental law. They have indeed adopted rule of laws, established strategies, programs and action plans, and ratified international treaties related …

Gender And The Rio Conventions: Is The Road Getting Less Bumpy?, Nicky Broeckhoven

Global Environmental Law at a Crossroads

Desertification, biodiversity loss and climate change pose unrivalled global problems affecting everyone on the planet. However, the impacts thereof are not gender-neutral. Different needs and concerns of men and women and existing gender inequalities mean that women are more likely to lose out than men in the face of these global problems. Over the last two decades, this gender dimension has steadily been recognized in several international legal and policy documents (E.g. Agenda 21, Rio declaration, Beijing Platform for Action). The need to address gender issues with regard to desertification and biodiversity loss has been recognized since the UN Conference …

Environmental Protection Versus Energy Supply Security - The Shale Gas Case And Its Impact On Ecosystem Services, Leonie Reins

Global Environmental Law at a Crossroads

The complexity, interrelation and competition between environmental protection and energy supply security is an emerging problem. Often, State environmental protection concerns and standards are outweighed by a competing interest, such as ensuring energy supply security. This paper discusses the benefits and risks of an ecosystem service approach in connection with shale gas extraction in the United States and the European Union. The shale gas example demonstrates that even in advanced jurisdictions with high standards of environmental protection, ecosystem services are compromised for energy generation purposes. In addition, it explains the impacts of shale gas extraction on the individual elements of …

Ecosystem Services And Sustainable Development: Creating An Integrated Governance Approach: Critical Reflections On The New European Strategy On Biodiversity, Nathalie Herve-Fournereau

Global Environmental Law at a Crossroads

“Biodiversity is also our natural capital, delivering ecosystem services that underpin our economy.” According to the European Strategy on Biodiversity, EU commits to halt the loss of biodiversity and the degradation of ecosystem service by 2020 in the light of the transition towards a resource efficient and green and sustainable economy. As defined in Directive 2004/35/EC on environmental liability, the concept of ecosystem service (« functions provided by a natural resource for another natural resource or for the public») enjoys a broad conception that differs from the definition used by the Millenium ecosystem assessment report (« the benefits that …

The Emerging Institutional Risks From Widespread Adoption Of An Ecosystem Services Market Approach To Environmental Governance, Paul Martin, Jacqueline Williams, Amanda Kennedy

Global Environmental Law at a Crossroads

Best practice commercial management involves two distinct mindsets, harnessed for separate purposes. The innovative mindset is concerned with the creative side of enterprise – entrepreneurship, innovation, strategising and commercialisation). However this is also married to a more pessimistic mindset focused on the identification and avoidance of what might go wrong- (risk management).

The modernist paradigm for environmental governance stresses scientific model-based estimation to determine resource use-limits, legally specified property rights to fractions of the environment, market or market like mechanisms for allocation of interests, and scientific methods of performance of the strategies. These elements exist in varying forms regardless of …

Law, Ecosystem Valuation And Risk Allocation, David Hodas

Global Environmental Law at a Crossroads

Assigning a precise economic value to a non-market ecosystem service or environmental externality that damages an ecosystem or human health and welfare is challenging. However, if we tie fairness and equity to getting the “prices” exactly right, the best will become the enemy of the good and we will sacrifice ecosystem services on the alter of excessive exactness. In terms of equity and ecosystem services, the precision of any particular monetized value is less important than that there be a value, and that the value is incorporated into legal and policy decisions. Existing legal models and institutional frameworks were not …

Forests, Protected Areas And The Payment For Ecosystem Services: Reserva Do Juma (State Of Amazonas- Brazil), Solange Teles Da Silva, Danielle De Ouro Mamed

Global Environmental Law at a Crossroads

In the State of Amazonas, the Climate Change, Environmental Conservation and Sustainable Development Policy Act adopted by State Law n. º 3.135/2007 has created a Program called “Bolsa Floresta”. In a pioneering way, this program was established with the aim of starting the payment for environmental services and products to traditional communities for the sustainable use of natural resources, conservation, environmental protection and encouragement of voluntary policies to reduce deforestation. This Program of “compensation” - “Bolsa Floresta” - is divided into four types: a) “Bolsa Floresta” Family b) “Bolsa Floresta” Association c) “Bolsa Floresta” Social and, d) “Bolsa Floresta” Income. …

Payment For Ecosystems Services: A Pathway For Environmental Conservation In Uganda, Emmanuel Kasimbazi

Global Environmental Law at a Crossroads

Ecosystem services are components of nature, directly enjoyed, consumed, or used to yield human well-being. They occur wherever plants, animals and people have interdependent relationships within the context of their physical environment. Payment for ecosystem services (PES) is a developing system which refers to payment for economic value of ecosystems. It is a scheme designed to provide incentives to individual landowners and local communities to conserve the environment. PES schemes seek to formulate a certain value to environmental services and establish appropriate pricing, institutional and redistribution systems that will lead to sustainable and socially optimal land use practices. These schemes …

The Relationship Of Ecosystem Services Valuation, Protection And Distribution With The Polluter-Pays Principle And The Provider-Gets Principle, Blaise-Pascal Ntirumenyerwa Mihigo, An Cliquet

Global Environmental Law at a Crossroads

This paper discusses the environmental, economic and social aspects of ecosystem services (ES) and their interactions with the polluter-pays principle and the provider-gets principle. The paper ends with observations concerning the theoretical and practical relationship of those principles with ES and Payment for Ecosystem Services (PES) programs.

ES have attracted increasing interest through PES as a mechanism which translates external, non-market values of the environment into real financial incentives for local actors to provide ES. The PES approach has inspired new incentives, innovative financing for ecosystem protection. The PES seeks to internalize what would otherwise be an externality. Here, we …

The Connection Between Natural Capital Productivity And Intergenerational Equity: Focus On Ecosystem Services, Laurel Pentelow

Global Environmental Law at a Crossroads

This paper will discuss measurement options and new policies that can contribute to the incorporation of ecosystem service values into economic measures, in particular productivity. Further, this work will highlight the linkage between such outcomes and the principle of intergenerational equity. A discussion of the challenges and ethical considerations which arise when dealing with valuing ecosystem services will also be included.

Despite an increasing trend towards considering and valuing ecosystem services in environmental policy decisions, there has been less movement towards including ecosystem service values within national measures of economic progress. Most discussion to date has focused on the inclusion …

Manure In The Bay: A Report On Industrial Animal Agriculture In Maryland And Pennsylvania, Rena I. Steinzor, Yee Huang

Faculty Scholarship

This report provides a substantive and detailed look at the concentrated animal feeding operations (CAFO) and other animal feeding operations (AFO) programs in Maryland and Pennsylvania, as well as a general overview of the federal CAFO program. The information in this report was gathered through publicly available resources as well as a series of interviews with agency officials and other individuals who work with the animal agricultural sector. This report identifies concrete and practical recommendations for improving how the waste generated by animal industrial agriculture is managed and controlled by EPA, the Maryland Department of Environment (MDE), and the Pennsylvania …

Water Quality Trading In The Chesapeake Bay, Rena I. Steinzor, Nicholas W. Vidargas, Shana Campbell Jones, Yee Huang

Faculty Scholarship

In May 2009, President Obama issued an Executive Order on Chesapeake Bay Protection and Restoration, declaring the Bay a national treasure and signaling that EPA will play a strong role in leading Bay cleanup. The order marked a dramatic departure, offering the promise of federal leadership on Bay cleanup. The following year, EPA issued a Chesapeake Total Maximum Daily Load (TMDL), a pollution budget for Bay states. Faced with a federal commitment, the states have begun work on complying with the TMDL. One Bay-wide approach under consideration is a market-based initiative, water quality trading, that would allow polluters to trade …

Environmental Law At Maryland, No. 33, Spring/Summer 2012

Environmental Law at Maryland

No abstract provided.

Of Coal, Climate And Carp: Reconsidering The Common Law Of Interstate Nuisance, Robert V. Percival

Faculty Scholarship

This paper argues that the common law of interstate nuisance remains an essential tool despite the rise of the modern regulatory state. In the rare cases when existing regulatory authorities fail to address emerging environmental problems, federal common law can serve as a backstop. When federal regulatory authorities are capable of addressing transboundary problems, but fail to do so, common law actions based on the law of source states remain a viable means of redress for states suffering significant harm from such pollution. Reconnecting the law of interstate nuisance to its historical roots, the paper concludes that the common law …

The Case For Abolishing Centralized White House Regulatory Review, Rena I. Steinzor

Faculty Scholarship

A series of catastrophic regulatory failures have focused attention on theweakened condition of regulatory agencies assigned to protect public health, worker and consumer safety, and the environment. The destructive convergence of funding shortfalls, political attacks, and outmoded legal authority have set the stage for ineffective enforcement, unsupervised industry self-regulation, and a slew of devastating and preventable catastrophes. From the Deepwater Horizon spill in the Gulf of Mexico to the worst mining disaster in forty years at the Big Branch mine in West Virginia, the signs of regulatory dysfunction abound. Many stakeholders expected that President Barack Obama would recognize and ameliorate …

Cercla In A Global Context, Robert V. Percival, Katherine H. Cooper, Matthew M. Gravens

Faculty Scholarship

The article first reviews the essential features of CERCLA and how they have evolved over time through legislative amendments and judicial interpretation. The article then compares CERCLA's approach to that embodied in the European Union's 2004 Directive on Environmental Liability with Regard to the Prevention and Remedying of Environmental Damage ("ELD:). It then reviews the laws adopted by various countries, including EU members, to respond to releases of hazardous substances. The article then discusses several case studies of how different countries handled incidents of environmental contamination. It concludes by summarizing the comparative law of environmental remediation and its implications for …

Evaluating Rules And How We Measure Their Effects, Rena I. Steinzor, Michael Patoka

Faculty Scholarship

The Center for Progres­sive Reform undertook an empirical study of the Office of Information of Regulatory Affairs, the White House office that reviews every significant regulation issue by Executive Branch agencies. The study assembled an unprecedented portrait of its behav­ior during the decade from October 16, 2001, when notices of meetings with outside parties were first available on the Internet, until June 1, 2011. OIRA conducted 6,194 separate reviews of regulatory submissions, holding 1,080 meetings that involved 5,759 ap­pearances by outside par­ticipants. Both the final report and the database we assembled are available on the CPR website, at pro­gressivereform.org.

OIRA …

The End Game Of Deregulation: Myopic Risk Management And The Next Catastrophe, Thomas O. Mcgarity, Rena I. Steinzor

Faculty Scholarship

On December 22, 2008, the contents of an enormous impoundment containing coal-ash slurry from the Tennessee Valley Authority’s (TVA) Kingston Fossil Fuel Plant poured into the Emory River. The proximate cause of the spill was the bursting of a poorly reinforced dike holding back a pit of sludge that towered 80 feet above the river and 40 feet above an adjacent road. The volume and force of the spill were so large that 1.1 billion gallons of the inky mess flowed across the river, inundating 300 acres of land in a layer four to five feet deep, uprooting trees, destroying …

Monsanto Co. V. Geerston Seed Farms: Limiting District Courts' Equitable Discretion To Grant Permanent Injunctions For Nepa Violations, Nicole E. Grimm

Journal of Business & Technology Law

No abstract provided.