Law Commons^™

Ecosystem-Based Management Of Terrestrial And Coastal Water Resources: Can Rapanos Teach Us Anything About The Future Of Integrated Water Management, Chad J. Mcguire

Chad J McGuire

Changing Course Towards An Energy-Efficient Future, David R. Hodas

David R. Hodas

No abstract provided.

Should Or Must? Nature Of The Obligation Of States To Use Trade Instruments For The Advancement Of Environmental, Labor, And Other Human Rights, Stephen Powell

Stephen Joseph Powell

States have been careful to couch their human rights commitments in terms that avoid binding and measurable actions to ensure the human rights either of their own citizens or those in other countries. Despite the promise of a dozen U.N. treaties, states continue to equivocate as to measures necessary to meet critical individual needs. This essay argues that, nonetheless, the question whether economically powerful states may be held to human rights observance is not solely moral in nature. Instead, through a combination of treaties, custom, and historical facts, the human rights obligation of developed states has taken on penumbral legal …

Rural Utility Cooperative (Ruc) Final Evaulation Report: Alaska Native Tribal Health Consortium (Anthc), R. Konkel

Steve Konkel

The Rural Utility Cooperative (RUC) Final Evaluation is designed to answer several interrelated

questions:

• Is the RUC working as envisioned?

• Is it making an impact in the RUC Communities?

• Are the RUC Communities better off than the Non-RUC communities?

“Massachusetts V. Epa,” The Supreme Court: Past And Prologue – A Look At The October 2006 And October 2007 Terms, Andrew Morriss

Andrew P. Morriss

No abstract provided.

La Cesión De Derechos En El Código Civil Peruano, Edward Ivan Cueva

Edward Ivan Cueva

La Cesión de Derechos en el Código Civil Peruano

Access To Parkland: Environmental Justice At East Bay Parks, A Report By Golden Gate University School Of Law, Paul Stanton Kibel

Paul Stanton Kibel

No abstract provided.

Strategic Planning For Environmental Stewardship At Eastern Kentucky University, Steven Konkel, Dr. Robert Weise, Dr. Alan Banks, Dr. Danita Lasage, Professor Joseph Beck, James Street, Dr. Charles Elliott, Professor Barbara Szubinska, Dr. Robert Frederick, Dr. Melinda Wilder, Dr. Robert Huston, Rebecca Jones, Dr. Alice Jones, Kyle Moon

Steve Konkel

The 2006-2010 Strategic Plan for Eastern Kentucky University, under Strategic Direction 5.4, mandates the formulation of a plan to guide the University toward greater environmental stewardship. The creation and implementation of that plan is the charge of the Eastern Committee on Responsible Environmental Stewardship (ECRES), which was formed in September of 2005. On October 27th, 2006, ECRES hosted a Strategic Planning Workshop. This workshop brought together a wide range of paticipants, including elected officials, college and university representatives, and interested citizens. The result was a broad consenus in the identification of environmental goals and objectives toward which EKU should strive.

Algunos Apuntes En Torno A La Prescripción Extintiva Y La Caducidad, Edward Ivan Cueva

Edward Ivan Cueva

No abstract provided.

Rio Grande Designs: Texans’ Nafta Water Claim Against Mexico, Paul Stanton Kibel, Jonathan R. Schutz

Paul Stanton Kibel

No abstract provided.

Afterword: The Economics Of Infrastructure, Robert R.M. Verchick

Robert R.M. Verchick

No abstract provided.

Grasp On Water: A Natural Resource That Eludes Nafta's Notion Of Investment, Paul Stanton Kibel

Paul Stanton Kibel

No abstract provided.

Sharing Blue Gold: The 1997 Un Convention On The Law Of The Non-Navigational Uses Of International Watercourses Ten Years On, Mohamed S. Helal

Mohamed S. Helal

No abstract provided.

Tribal, State, And Federal Cooperation To Achieve Good Governance, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

Jurisdictional uncertainty affects tribal sovereignty and public safety. Management of natural resources remains one of the few realms of authority over which tribes have retained control. Ancient wild rice harvesting by the Chippewa provides a context in which to consider a tribes ability to set water standards, as does Pueblo ceremonial use of the Rio Grande River. Cooperative tribal, state, federal, and international responses to the Methamphetamine crisis can address both environmental and human health. This study examines the prospect for integrated protection of health and habitat based upon comity and cooperation. It examines the parameters of homeland security and …

Multilateral Climate Change Mitigation, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

A long-term framework to address climate change is within political reach. This article examines how greenhouse gas mitigation can occur across economic and political fault lines. Climate is a public good requiring the development of an energy strategy based upon international cooperation, energy efficiency, and sustainable technological development.

The Controversy Over The Legacy Highway In Utah: An Opportunity For Invitational Rhetoric, Carlo A. Pedrioli

Carlo A. Pedrioli

Beginning in the mid 1990s, residents of Utah began to debate the merits of the “Legacy Highway,” a large highway that would run near the Great Salt Lake in an attempt to alleviate the clogged commute on Interstate-15, which runs north/south through Salt Lake City, the state’s capital. Perhaps not surprisingly, environmental groups were upset with this proposed governmental project. Groups like the Advocates for Safe and Efficient Transportation and the Utah Department of Transportation faced off against the Sierra Club, Stop the Legacy Highway, and Utahns for Better Transportation. Generous amounts of rhetoric, including public discussion and litigation, resulted …

Rethinking The Procreative Right, Carter Dillard

Carter Dillard

Few principles are as universally accepted in legal scholarship today, but based on such scant support, as the fundamental nature and broad scope of the right to procreate. What is perceived as a vague but nonetheless justified legal and moral interest to procreate freely without regard to others is, upon closer examination, based on little more than misconstrued or inapposite case precedent and blurry statements in non-binding sources of international law. By relying on this authority, conflating procreation with conceptually distinguishable behaviors, presuming its intrinsic value, and ignoring competing rights and duties, lawyers have largely overlooked procreation and its legal …

Biological Resources, Rosemary Rayfuse

Rosemary Rayfuse

No abstract provided.

Melting Moments: The Future Of Polar Oceans Governance In A Warming World, Rosemary Rayfuse

Rosemary Rayfuse

No abstract provided.

Mother Earth And Uncle Sam: How Pollution And Hollow Government Hurt Our Kids, Rena Steinzor

Rena I. Steinzor

In this compelling study, Rena Steinzor highlights the ways in which the government, over the past twenty years, has failed to protect children from harm caused by toxic chemicals. She believes these failures—under-funding, excessive and misguided use of cost/benefit analysis, distortion of science, and devolution of regulatory authority—have produced a situation in which harm that could be reduced or eliminated instead persists.

Steinzor states that, as a society, we are neglecting our children's health to an extent that we would find unthinkable as individual parents, primarily due to the erosion of the government's role in protecting public health and the …

The Eu's New Impact On American Environmental Regulation, David Wirth

David A. Wirth

Due to its increasing size and growing regulatory momentum, the European Union is quickly becoming an alternative power center to the United States in the field of environmental policy. Within the past several years, there has consequently been an emerging and discernible trend of EU policy and law on the environmental laws and policy of United States. This piece explores the new European chemicals legislation on Registration, Evaluation, and Authorization of Chemicals (REACH) as one example of this back impact. Because REACH will affect virtually all multinational corporations, its impacts will be global, including the United States. The article explores …

U.S. Policy, John Dernbach

John C. Dernbach

No abstract provided.

Maieusis Through A Gated Membrane: "Getting The Science Right" In Public Decisionmaking, Deborah Hussey Freeland

Deborah M. Hussey Freeland

Law meets science in a remarkable variety of contexts. While their interactions are often studied in particular contexts, general theories of their interaction are wanting. This paper presents a general model of an interface between law and science that identifies how their interaction must be structured to promote effective interdisciplinary collaboration, and then demonstrates how this model can be used to analyze problems as diverse as: a large-scale intergovernmental attempt at ecosystem restoration; and the effects of a method of science-based alternative dispute resolution on science and negotiated outcomes. In both cases, the model features of a properly functioning law-science …

Environmental Law: Policy And Practic, William Tabb, Linda Malone

William M. Tabb

No abstract provided.

Climate Change And The Poorest Nations: Further Reflections On Global Inequality, Ruth Gordon

Ruth Gordon

Constitutional Law: 2007 Year In Review, James R. May

James R. May

No abstract provided.

Sustainable Intensive Agriculture: High Technology And Environmental Benefits, Drew L. Kershen

Drew L. Kershen

No abstract provided.

The Politics Of Risk: Pre-Litigation Site Assessment In Houston, Texas, Gregg Macey

Gregg P. Macey

This Article provides a case study of agency decision-making under uncertainty, specifically the administrative process used by a state agency to investigate potential site contamination. Analysis of the Railroad Commission of Texas' use of site and risk assessment in a neighborhood built over crude oil storage tanks known as Kennedy Heights demonstrates how purportedly scientific processes can fail to embody the kinds of rational analytical approaches on which regulatory agencies publicly claim they depend. Primary documents outlining the efforts of the state agency, in coordination with a regulated party, suggest that these processes were shaped in different ways, used divergent …

In The Heat Of The Law, It's Not Just Steam: Geothermal Resources And The Impact On Thermophile Biodiversity, Donald J. Kochan, Tiffany Grant

Donald J. Kochan

Significant research has been conducted into the utilization of geothermal resources as a ‘green’ energy source. However, minimal research has been conducted into geothermal resource utilization and depletion impacts on thermophile biodiversity. Thermophiles are organisms which have adapted over millions of year to extreme temperature and chemical compositions and exist in hot springs and other geothermal resources. Their ability to withstand high temperatures makes them invaluable to scientific and medical research. Current federal and California case law classify geothermal resources as a mineral, not a water resource. Acquisition of rights to develop a geothermal resource owned or reserved by the …