Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Law
Green Crimes In The Empire State: Analyzing The Criminal Enforcement Of Environmental Law In New York, Joshua Ozymy, Melissa Jarrell Ozymy
Green Crimes In The Empire State: Analyzing The Criminal Enforcement Of Environmental Law In New York, Joshua Ozymy, Melissa Jarrell Ozymy
Pace Environmental Law Review
Ensuring compliance with federal and state environmental laws and deterring future offenses can require the application of criminal enforcement tools. Yet we have a limited understanding of how the criminal enforcement of environmental laws has progressed historically in The Empire State. To explore this phenomenon, we undertake content analysis of federal prosecution summaries for all environmental crime prosecutions stemming from U.S. Environmental Protection Agency criminal investigations from 1983 to 2019. We explore which federal environmental laws were violated, determine which charging statutes were used, analyze sentencing patterns, and illustrate the broader themes that emerge in such prosecutions over 37 years. …
Cumulative Impact Analysis In Nepa Climate Assessments, Fred Mauhs
Cumulative Impact Analysis In Nepa Climate Assessments, Fred Mauhs
Pace Environmental Law Review
This article argues that CI analysis is a critical tool for addressing global warming. This is because the largest anthropogenic sources of greenhouse gas (“GHG”) emissions in the U.S. each contributes a vanishingly small portion of global GHG emissions, which alone cannot rise to NEPA’s threshold of “significance” requiring a “detailed statement…on the environmental impact of the proposed action,”i.e., an environmental impact statement (EIS). Yet there is no pollution today in greater need of assessment and understanding than GHG emissions, given the urgency of the impending catastrophe that global warming could mean for our planet.
Silent Spring Revisited – Is It Time To Ban Lead? An Argument For A Federal Ban Of The Use Of Lead Ammunition For Hunting Game Pursuant To The Endangered Species Act, Jaclyn Mcbain Cohen
Silent Spring Revisited – Is It Time To Ban Lead? An Argument For A Federal Ban Of The Use Of Lead Ammunition For Hunting Game Pursuant To The Endangered Species Act, Jaclyn Mcbain Cohen
Pace Environmental Law Review
This note will explore EPA’s authority under the Endangered Species Act (“ESA”) to promulgate regulations banning the use of lead ammunition for any purpose. Section II discusses the impact of lead on the environment and wildlife and demonstrates how even small amounts of lead discharged into the environment through hunting practices can have lethal effects on wildlife, especially scavengers, such as the California condor and the grizzly bear. Section III discusses the current regulations that exist to control the discharge of lead into the environment from the use of other common substances, such as paint and gasoline, demonstrating that the …