Book Review Of Toxic Debts And The Superfund Dilemma, Ronald H. Rosenberg
Sep 2019
Book Review Of Toxic Debts And The Superfund Dilemma, Ronald H. Rosenberg
Ronald H. Rosenberg
No abstract provided.
The Necessary Interrelationship Between Land Use And Preservation Of Groundwater Resources, Linda A. Malone
Sep 2019
The Necessary Interrelationship Between Land Use And Preservation Of Groundwater Resources, Linda A. Malone
Linda A. Malone
No abstract provided.
Reflections On The Jeffersonian Ideal Of An Agrarian Democracy And The Emergence Of An Agricultural And Environmental Ethic In The 1990 Farm Bill, Linda A. Malone
Sep 2019
Reflections On The Jeffersonian Ideal Of An Agrarian Democracy And The Emergence Of An Agricultural And Environmental Ethic In The 1990 Farm Bill, Linda A. Malone
Linda A. Malone
No abstract provided.
Green Helmets: A Conceptual Framework For Security Council Authority In Environmental Emergencies, Linda A. Malone
Sep 2019
Green Helmets: A Conceptual Framework For Security Council Authority In Environmental Emergencies, Linda A. Malone
Linda A. Malone
No abstract provided.
Discussion In The Security Council On Environmental Intervention In The Ukraine, Linda A. Malone
Sep 2019
Discussion In The Security Council On Environmental Intervention In The Ukraine, Linda A. Malone
Linda A. Malone
No abstract provided.
Book Review Of Eco-Pragmatism: Making Sensible Environmental Decisions In An Uncertain World, Lynda L. Butler
Sep 2019
Book Review Of Eco-Pragmatism: Making Sensible Environmental Decisions In An Uncertain World, Lynda L. Butler
Lynda L. Butler
No abstract provided.
Shaping The Future: The Dialectic Of Law And Environmental Values, Holly Doremus
Aug 2016
Shaping The Future: The Dialectic Of Law And Environmental Values, Holly Doremus
Holly Doremus
No abstract provided.
Shaping The Future: The Dialectic Of Law And Environmental Values, Holly Doremus
Aug 2016
Shaping The Future: The Dialectic Of Law And Environmental Values, Holly Doremus
Holly Doremus
No abstract provided.
Shaping The Future: The Dialectic Of Law And Environmental Values, Holly Doremus
Aug 2016
Shaping The Future: The Dialectic Of Law And Environmental Values, Holly Doremus
Holly Doremus
No abstract provided.
Regulation And Business Behavior, Neil Gunningham, Robert Kagan
Dec 2015
Regulation And Business Behavior, Neil Gunningham, Robert Kagan
Robert Kagan
Presents an introduction to various articles and issues discussed in the April 1, 2005 issue of the journal "Law and Policy."
General Deterrence And Corporate Environmental Behavior, Dorothy Thornton, Neil Gunningham, Robert Kagan
Dec 2015
General Deterrence And Corporate Environmental Behavior, Dorothy Thornton, Neil Gunningham, Robert Kagan
Robert Kagan
This research addresses the assumption that“general deterrence” is an important key to enhanced compliance with regulatory laws. Through a survey of 233 firms in several industries in the United States, we sought to answer the following questions: (1) When severe legal penalties are imposed against a violator of environmental laws, do other companies in the same industry actually learn about such“signal cases”? (2) Does knowing about“signal cases” change firms’ compliance-related behavior? It was found that only 42 percent of respondents could identify the“signal case,” but 89 percent could identify some enforcement actions against other firms, and 63 percent of firms …
Motivating Management: Corporate Compliance In Environmental Protection, Neil Gunningham, Dorothy Thornton, Robert Kagan
Dec 2015
Motivating Management: Corporate Compliance In Environmental Protection, Neil Gunningham, Dorothy Thornton, Robert Kagan
Robert Kagan
Based on interviews with facility managers in the electroplating and chemical industries, this study examines regulated firms’ perceptions of how various instrumental, normative, and social factors motivated their firms’ environmental actions. We found that“implicit general deterrence” (the overall effect of sustained inspection and enforcement activity) was far more important than either specific or general deterrence, and that deterrence in any form was of far greater concern to small and medium-sized enterprises than it was to large ones. Most reputation-sensitive firms in the environmentally sensitive chemical industry chose to go substantially beyond compliance for reasons that related to risk management and …
Market Failures And Protecting The Environment, Chad J. Mcguire
Jan 2015
Market Failures And Protecting The Environment, Chad J. Mcguire
Chad J McGuire
Whether you agree with government intervention, or with the specific form of gov- ernment intervention applied, it is a fact that government becomes involved in environ- mental issues because, to date, we have failed to fully inter- nalize the costs of our actions toward the environment in our market systems. So this is why government becomes involved in the first place, to correct existing and recurring market failures. Knowing this important fact helps us better understand, and judge, envi- ronmental laws and policies.
Rising Sea Levels Challenge Flood Insurance Management, Chad J. Mcguire
Jan 2015
Rising Sea Levels Challenge Flood Insurance Management, Chad J. Mcguire
Chad J McGuire
Our climate is changing. And the trend of this climate change shows the earth is, on average, getting warmer. We in New England emerged from a very cold winter in 2014 making it hard for us to see (and thus believe) the earth is getting warmer. But this is the trick of cli- mate change: The pattern of overall warming is hard to see on a day-to-day basis. We tend to judge our climate through experiencing our local weather patterns: When the weather is cold like it has been in our region over the past winter, it is hard for …
Valuing Ecosystem Services In Coastal Management Policy: Looking Beyond The Here And Now, Chad J. Mcguire
Dec 2014
Valuing Ecosystem Services In Coastal Management Policy: Looking Beyond The Here And Now, Chad J. Mcguire
Chad J McGuire
This article explores how the identification and account- ing of ecosystem services can aid coastal management policies, particularly as management looks to a future that includes the impacts of climate change. At the core of making better deci- sions is an understanding of the value of ecosystem services. The economic context of ecosystem services is explored in order to outline what may be considered a complete account- ing of costs. Once contextualized, ecosystem services will then be applied to current coastal management issues associ- ated with sea level rise. In particular, policy-relevant questions about mitigating and adapting to sea level …
Climate-Induced Sea Level Rise And Sustainable Coastal Management: The Influence Of Existing Policy Frameworks On Risk Perception, Chad J. Mcguire
Nov 2014
Climate-Induced Sea Level Rise And Sustainable Coastal Management: The Influence Of Existing Policy Frameworks On Risk Perception, Chad J. Mcguire
Chad J McGuire
This article looks at the role of existing government policies on perceptions of risk and the impact they have on developing forward-looking sustainable policy instruments. Coastal flood insurance policy in the United States is examined as a way of exploring the relationship between policy instruments and risk perception. Insights include the importance of understanding the role of community risk perception in policy development, as well as the role of historical and existing policies in influencing community risk perception.
Losing The Message: Some Policy Implications Of Anthropocentric Indirect Arguments For Environmental Protection, Chad J. Mcguire
Sep 2014
Losing The Message: Some Policy Implications Of Anthropocentric Indirect Arguments For Environmental Protection, Chad J. Mcguire
Chad J McGuire
The value of anthropocentric indirect arguments (AIAs), as stated by Elliott (2014), is to focus on non-environmental benefits that derive from actions or policies that also benefit the environment. The key difference with these indirect arguments—from more direct anthropocentric arguments—is they focus on human benefits unrelated to the environment. So, for example, less coal burning power plants means less respiratory illness and higher worker productivity. The air is cleaner, but rather than clean air being the goal in arguing for less coal burning power plants, healthier people is the goal. Or as Elliott notes, clean energy can create jobs, and …
Uncertainty, Daniel A. Farber
Sep 2013
Uncertainty, Daniel A. Farber
Daniel A Farber
The article discusses environmental risks and uncertainties and the current approaches to risk assessment. It is said that conventional risk assessment is a powerful methodology, but over-reliance on it can lead to a failure to acknowledge any risks that do not lend themselves to the technique. Uncertainties can be associated with fat-tailed distributions.
The Challenges Of Dynamic Water Management In The American West, Holly Doremus, Michael Hanemann
Nov 2012
The Challenges Of Dynamic Water Management In The American West, Holly Doremus, Michael Hanemann
Holly Doremus
No abstract provided.
Constitutive Law And Environmental Policy, Holly Doremus
Nov 2012
Constitutive Law And Environmental Policy, Holly Doremus
Holly Doremus
No abstract provided.
Sciene Plays Defense: Natural Resource Management In The Bush Administration, Holly Doremus
Nov 2012
Sciene Plays Defense: Natural Resource Management In The Bush Administration, Holly Doremus
Holly Doremus
The George W. Bush Administration has been criticized by scientists for its use of science in the policy arena generally, and for politicizing science. However, the problem is more one of the scientizing of politics, as the administration has shown that the rhetoric of science can be used defensively, as a barrier to regulation. Key methods used by the administration to pursue its strategy of defensive science in natural resource management are detailed. A more normatively defensible, and a more politically effective, strategy for conservationists would emphasize the need to bring transparency and a commitment to updating into the regulatory …
Systems Thinking Applied To U.S. Federal Fisheries Management, Chad J. Mcguire, Bradley P. Harris
Dec 2011
Systems Thinking Applied To U.S. Federal Fisheries Management, Chad J. Mcguire, Bradley P. Harris
Chad J McGuire
The goal of this article is to provide the reader with a kind of historical case study on how fisheries law and policy evolution has brought management of the resource to a more ‘systems-centered’ approach. In addition to this historical rendition, another goal of this article is to identify some areas of potential growth, specifically the development of legal instruments that are more adapted to systems principles.
Coastal Planning, Federal Consistency, And Climate Change: A Recent Divergence Of Federal And State Interests, Chad J. Mcguire
Dec 2011
Coastal Planning, Federal Consistency, And Climate Change: A Recent Divergence Of Federal And State Interests, Chad J. Mcguire
Chad J McGuire
The purpose of this article is to identify the contrasting policy approaches being undertaken at the state and federal levels with respect to climate change and offshore resource development respectively, noting how these respective approaches are leading to a divergence between state and federal priorities in the marine environment. The divergent approaches identified will be placed in the context of the CZMA, particularly the federal consistency requirement of that act, which helps to define the relationship between state and federal actions in ocean waters. Legal issues that arise from this divergence will be identified and analyzed. We begin with identification …
Climate Adaptation And The Fifth Amendment Of The U.S. Constitution: A Regulatory Takings Analysis Of Adaptation Strategies In Coastal Development With Application To Connecticut’S Coastal Management Regime, Chad J. Mcguire, Jason Hill
Dec 2011
Climate Adaptation And The Fifth Amendment Of The U.S. Constitution: A Regulatory Takings Analysis Of Adaptation Strategies In Coastal Development With Application To Connecticut’S Coastal Management Regime, Chad J. Mcguire, Jason Hill
Chad J McGuire
As climate change impacts are realized at the governance level, states and local governments are moving towards adaptation strategies that include increasing restrictions on how land is used in coastal zones. The purpose of this article is to review state regulatory strategies that are attempting to adapt to climate change in light of limits placed on those strategies by the Fifth Amendment to the United States Constitution: the prohibition against the taking of private property by government action without a public purpose and just compensation. This article highlights the importance in identifying the roles governments can take beyond the role …
A Review Of Amendment 16 To The Northeast Multispecies Fishery Management Plan, Jonathon N. Feinberg, Chad J. Mcguire
Jul 2011
A Review Of Amendment 16 To The Northeast Multispecies Fishery Management Plan, Jonathon N. Feinberg, Chad J. Mcguire
Chad J McGuire
The purpose of this article is to review Amendment 16 to the Northeast Multispecies Fishery Management Plan, highlighting some of the legal and policy implications to the fishing community and regulatory bodies. Questions of impact are framed from the local fishing community perspective, while larger questions of regulatory implications, including statutory purpose, are identified where appropriate. The article concludes by identifying necessary policy questions that need to be resolved if we are to move toward a coherent strategy of national fisheries management that is both rational for the sake of the resource, and equitable to those who are most directly …
Who Owns The Fish? Moving From The Commons To Federal Ownership Of Our National Fisheries, John B. Walden, Chad J. Mcguire
Jul 2011
Who Owns The Fish? Moving From The Commons To Federal Ownership Of Our National Fisheries, John B. Walden, Chad J. Mcguire
Chad J McGuire
The purpose of this article is to explore a premise that fishery management at the federal level would be more effective if the U.S. government simply charged for the privilege to commercially harvest fish. This argument is supported by a mix of historical fact-finding and legal precedent, brought together in an attempt to identify a basic economic principle of property rights. The goal is to allow both practitioners and policy makers an opportunity to view fishery management options through a lens of government property rights, and show how a rational distribution of those rights through advancing market mechanisms may provide …
Marine Mammals And International Trade: Balancing Social Conscience With Trade Obligations – A Summary And Update On The World Trade Organization Seal Products Dispute, Chad J. Mcguire
Apr 2011
Marine Mammals And International Trade: Balancing Social Conscience With Trade Obligations – A Summary And Update On The World Trade Organization Seal Products Dispute, Chad J. Mcguire
Chad J McGuire
The purpose of this article is to provide a summary of the current debate surrounding the proposed European Union expansion of barriers to trade in seal products. This article will also identify some of the potential legal issues at the heart of the ban. Finally, some policy considerations that may arise depending on how this case ultimately resolves itself will be highlighted. What is reinforced in this case study is the notion that the interaction between domestic policy and international law can often create unique frustrations where seemingly independent goals can lead to legal conflicts. This case study is an …
The Nonexistence Of Sustainability In International Maritime Shipping: Issues For Consideration, Chad J. Mcguire, Helen Perivier
Jan 2011
The Nonexistence Of Sustainability In International Maritime Shipping: Issues For Consideration, Chad J. Mcguire, Helen Perivier
Chad J McGuire
There is an ongoing practice in the international shipping community that impacts fundamental notions of sustainability as defined in the peer-reviewed literature (WCED, 1987; Gladwin, Kennelly & Krause, 1995; McManus, 1996, Naess, 2003; McGregor, 2004). The practice is based in discounting the true costs of maritime shipping through a system of open registries. By engaging in such practices, there is an inherent failure by the international community to internalize the true costs (environmental, social, labor, etc.) associated with shipping. The result is a practice that artificially keeps the international costs of maritime shipping low at the expense of environmental and …
Some Back-Ended Legal And Political Issues In United States Fisheries Management, Chad J. Mcguire, Bradley P. Harris
Aug 2010
Some Back-Ended Legal And Political Issues In United States Fisheries Management, Chad J. Mcguire, Bradley P. Harris
Chad J McGuire
In response to over-exploitation and ecosystem degradation, United States federal fisheries policy is shifting from species-based to ecosystem-based management. In addition, the reauthorized Magnuson-Stevens Fisheries Conservation and Management Reauthorization Act of 2006 identifies the following goals to be achieved by 2011: end over-fishing, create market-based incentives, strengthen enforcement mechanisms, and improve cooperative conservation efforts. We refer to these goals (including the “status quo”) as front-ended policy objectives. Left unresolved are what we term back-ended policy and legal issues, specifically including issues involving the legal limitations that inhibit full consideration of ecosystem-based management principles through the adopting of scientific information. In …
Sustainable Approaches To Managing Small-Scale Ecosystems: A Case Study Of Vernal Pool Protection In The Commonwealth Of Massachusetts, United States Of America, Chad J. Mcguire
May 2010
Sustainable Approaches To Managing Small-Scale Ecosystems: A Case Study Of Vernal Pool Protection In The Commonwealth Of Massachusetts, United States Of America, Chad J. Mcguire
Chad J McGuire
This paper reviews the current management scheme used by Massachusetts to protect vernal pools, which represent small-scale ecosystems, and analyzes its relative strengths and weaknesses from an overall sustainability standpoint by looking at the frameworks developed for management. The frameworks are analyzed to determine if the objectives of vernal pool protection are being met. The initial impression is the outcomes are not meeting the objective of overall vernal pool protection, because there are failures in the drivers (mainly the certification requirement), which limits the number of verbal pools actually protected. An expansion of the current Massachusetts program is suggested to …
