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Environmental Law

2007

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Articles 1 - 30 of 471

Full-Text Articles in Law

Debate: Collaborative Environmental Law: Pro And Con, Eric W. Orts, Cary Coglianese Dec 2007

Debate: Collaborative Environmental Law: Pro And Con, Eric W. Orts, Cary Coglianese

All Faculty Scholarship

In this thoughtful and intricate cross-disciplinary debate, Professors Eric W. Orts, of Penn’s Wharton School, and Cary Coglianese, of Penn’s Law School, discuss the benefits and disadvantages of collaborative public policy decision making in the environmental context. It is no exaggeration to say that each year the world grows ever more aware of the nature of the environmental problems we face, and yet critical policy solutions continue to remain beyond the grasp of even the most interested parties. Professor Orts argues that it is time to embrace a different policymaking approach—that of collaborative environmental lawmaking. He argues that "the view …


Taking The Legislative Temperature: Which Federal Climate Change Legislative Proposal Is “Best”? (Part Ii), Victor B. Flatt Dec 2007

Taking The Legislative Temperature: Which Federal Climate Change Legislative Proposal Is “Best”? (Part Ii), Victor B. Flatt

NULR Online

No abstract provided.


Taking The Legislative Temperature: Which Federal Climate Change Legislative Proposal Is "Best"?, Victor B. Flatt Dec 2007

Taking The Legislative Temperature: Which Federal Climate Change Legislative Proposal Is "Best"?, Victor B. Flatt

NULR Online

No abstract provided.


Ecosystem-Based Management Of Terrestrial And Coastal Water Resources: Can Rapanos Teach Us Anything About The Future Of Integrated Water Management, Chad J. Mcguire Nov 2007

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

The purpose of this article is to describe aspects of the Rapanos decision, focusing on the Kennedy concurrence, and then suggesting its connection to the ongoing policy debate regarding coastal resource management, and how it may offer a sign of the judicial will to accept an expanding federal role over centralized water management, regardless of spatial location.


A New Environmental Order: Laying The Legal And Administrative Foundation For Global Environmental Governance, Deepa Badrinarayana Nov 2007

A New Environmental Order: Laying The Legal And Administrative Foundation For Global Environmental Governance, Deepa Badrinarayana

Dissertations & Theses

This dissertation argues that global environmental governance can be strengthened by structuring legal and administrative mechanisms to meet the demands of the current world order. In particular, this dissertation provides a theoretical analysis of those legal and administrative mechanisms that can improve environmental governance in a globalizing world. However, since it is a theoretical analysis, this dissertation does not assert that the analysis in itself will simplify the process of strengthening the rule of law, resolve all environmental issues, or require every single environmental problem to be addressed through an international process. Rather, the objective of the analysis is to …


Table Of Contents Nov 2007

Table Of Contents

Journal of Environmental and Sustainability Law

No abstract provided.


A Sweet Deal For Sugar , Jeff Leblanc Nov 2007

A Sweet Deal For Sugar , Jeff Leblanc

Journal of Environmental and Sustainability Law

No abstract provided.


Water, Water, Everywhere?: Legal Structures For The Contracting And Privatization Of Public Water Resources , Aldo Davila, Andrew Whitford Nov 2007

Water, Water, Everywhere?: Legal Structures For The Contracting And Privatization Of Public Water Resources , Aldo Davila, Andrew Whitford

Journal of Environmental and Sustainability Law

No abstract provided.


Unbridled Power And The Wild Horses And Burros Act. Fund For Animals, Inc. V. U.S. Bureau Of Land Management, Amy Gleghorn Nov 2007

Unbridled Power And The Wild Horses And Burros Act. Fund For Animals, Inc. V. U.S. Bureau Of Land Management, Amy Gleghorn

Journal of Environmental and Sustainability Law

No abstract provided.


Meth Labs: "Cooking" Up Environmental Disaster. U.S. V. Pinnow , Jennifer Wieman Nov 2007

Meth Labs: "Cooking" Up Environmental Disaster. U.S. V. Pinnow , Jennifer Wieman

Journal of Environmental and Sustainability Law

No abstract provided.


Refining Regulation: The Oil Refinery Regulatory Framework After The Energy Policy Act Of 2005 , Christopher J. Koschnitzky Nov 2007

Refining Regulation: The Oil Refinery Regulatory Framework After The Energy Policy Act Of 2005 , Christopher J. Koschnitzky

Journal of Environmental and Sustainability Law

No abstract provided.


Nothing New Under The Sun: The Minimalism Of Chief Justice Roberts And The Supreme Court's Recent Environmental Law Jurisprudence , Damien Schiff Nov 2007

Nothing New Under The Sun: The Minimalism Of Chief Justice Roberts And The Supreme Court's Recent Environmental Law Jurisprudence , Damien Schiff

Journal of Environmental and Sustainability Law

No abstract provided.


What Does "Contamination" Mean? The Second Circuit's Approach To An Insurance Policy's Contamination Exclusion. Parks Real Estate Purchasing Group V. St. Paul Fire And Marine Ins. Co., Robert Cornejo Nov 2007

What Does "Contamination" Mean? The Second Circuit's Approach To An Insurance Policy's Contamination Exclusion. Parks Real Estate Purchasing Group V. St. Paul Fire And Marine Ins. Co., Robert Cornejo

Journal of Environmental and Sustainability Law

No abstract provided.


Federal Court Affirms The Destruction Of Louisiana's Coastal Marshlands. Barasich V. Columbia Gulf Transmission Co., Darryl Chatman Nov 2007

Federal Court Affirms The Destruction Of Louisiana's Coastal Marshlands. Barasich V. Columbia Gulf Transmission Co., Darryl Chatman

Journal of Environmental and Sustainability Law

No abstract provided.


Environmental Law Updates Nov 2007

Environmental Law Updates

Journal of Environmental and Sustainability Law

No abstract provided.


Changing Course Towards An Energy-Efficient Future, David R. Hodas Nov 2007

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

David R. Hodas

No abstract provided.


Environmental Law, Brooks Meredith Smith, Andrea West Wortzel Nov 2007

Environmental Law, Brooks Meredith Smith, Andrea West Wortzel

University of Richmond Law Review

No abstract provided.


Targets And Timetables: Good Policy But Bad Politics?, Daniel M. Bodansky Nov 2007

Targets And Timetables: Good Policy But Bad Politics?, Daniel M. Bodansky

Scholarly Works

From a policy perspective, a climate architecture based on economy-wide, binding emissions targets, combined with emissions trading, has many virtues. But even such an architecture represents good climate policy, it is far more questionable whether it represents good climate politics -- at least in the near-term, for the upcoming "post-2012" negotiations. Given the wide range of differences in national perspectives and preferences regarding climate change, a more flexible, bottom-up approach may be needed, which builds on the efforts that are already beginning to emerge, by allowing different countries to assume different types of international commitments – not only absolute targets, …


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 Oct 2007

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 …


International Law's Lessons For The Law Of The Lakes, Joseph W. Dellapenna Oct 2007

International Law's Lessons For The Law Of The Lakes, Joseph W. Dellapenna

Working Paper Series

The eight Governors of the Great Lakes States signed a proposed new compact for the Great Lakes and St. Lawrence basin on December 13, 2005, and they joined with the Premiers of Ontario and Québec in a parallel agreement on the same topic on the same day. Neither document is legally binding—the proposed new compact because it has not yet been ratified by any state nor consented to by Congress; the parallel agreement because it is not intended to be legally binding. Both documents are designed to preclude the export of water from the Great Lakes-St. Lawrence basin apart from …


Local Agriculture Perspectives In The Middle Rio Grande Valley, Cecilia Rosacker-Mccord Oct 2007

Local Agriculture Perspectives In The Middle Rio Grande Valley, Cecilia Rosacker-Mccord

Publications

No abstract provided.


Environmental Law News - Fall 2007 Oct 2007

Environmental Law News - Fall 2007

Environmental Law and Justice Clinic

No abstract provided.


Eesi Newsletter, No. 3, Oct. 2007, Energy & Environmental Security Initiative (University Of Colorado Boulder) Oct 2007

Eesi Newsletter, No. 3, Oct. 2007, Energy & Environmental Security Initiative (University Of Colorado Boulder)

EESI: The Energy & Environmental Security Initiative [Newsletter] (2007)

No abstract provided.


Baselines Newsletter, No. 1, Fall 2007, University Of Colorado Boulder. Natural Resources Law Center Oct 2007

Baselines Newsletter, No. 1, Fall 2007, University Of Colorado Boulder. Natural Resources Law Center

Baselines: The Natural Resources Law Center Newsletter (2007-2011)

No abstract provided.


Mexico's Implementation Of The Biodiversity Convention And The Catagena Protocol In The Gmo Era: Challenges In Principles, Policies, And Practices, Juan Antonio Herrera Oct 2007

Mexico's Implementation Of The Biodiversity Convention And The Catagena Protocol In The Gmo Era: Challenges In Principles, Policies, And Practices, Juan Antonio Herrera

PhD Dissertations

Recent developments in genetic modification and the use of Living Modified Organisms (LMOs) in agriculture have ignited a debate over the potential effects of these organisms on biological diversity. This controversy materializes in the clash between the international environmental and trade regimes. Multilateral Environmental Agreements (MEAs), such as the 1992 Convention on Biological Diversity (CBD) focus on the preservation of biological diversity and, in the case of the Cartagena Protocol on Biosafety (Cartagena Protocol), the safe transfer of LMOs. These Agreements encourage States to base national decisions to allow LMO imports on environmental and risk assessments using the precautionary principle. …


State-Corporate Crime And The Paducah Gaseous Diffusion Plant, Alan S. Bruce, Paul J. Becker Oct 2007

State-Corporate Crime And The Paducah Gaseous Diffusion Plant, Alan S. Bruce, Paul J. Becker

Sociology, Anthropology, and Social Work Faculty Publications

While criminologists have for some time examined state and corporate crime as separate entities, the concept of state-corporate crime highlighting joint government and private corporate action causing criminal harm is a recent area of study with relatively few published case studies (Matthews and Kauzlarich, 2000). This paper focuses on state-corporate crime at the Paducah Gaseous Diffusion Plant (PGDP) in Paducah, Kentucky, and contributes to the study of state-corporate crime in three ways: (1) it adds a new case study to a field in which there are few published accounts, (2) it assesses the utility of Kauzlarich and Kramer’s (1998) integrated …


Litigating Canada-U.S. Transboundary Harm: International Lawmaking And The Threat Of Reciprocity, Shi-Ling Hsu Oct 2007

Litigating Canada-U.S. Transboundary Harm: International Lawmaking And The Threat Of Reciprocity, Shi-Ling Hsu

Scholarly Publications

No abstract provided.


Speaking Of Inconvenient Truths—A History Of The Public Trust Doctrine, James L. Huffman Oct 2007

Speaking Of Inconvenient Truths—A History Of The Public Trust Doctrine, James L. Huffman

Duke Environmental Law & Policy Forum

No abstract provided.


Beyond The Sea And Spector: Reconciling Port And Flag State Control Over Cruise Ship Onboard Environ-Mental Procedures And Policies, Asia N. Wright Oct 2007

Beyond The Sea And Spector: Reconciling Port And Flag State Control Over Cruise Ship Onboard Environ-Mental Procedures And Policies, Asia N. Wright

Duke Environmental Law & Policy Forum

No abstract provided.


Promoting And Establishing The Recovery Of Endangered Species On Private Lands: A Case Study Of The Gopher Tortoise, Blake Hudson Oct 2007

Promoting And Establishing The Recovery Of Endangered Species On Private Lands: A Case Study Of The Gopher Tortoise, Blake Hudson

Duke Environmental Law & Policy Forum

No abstract provided.