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Full-Text Articles in Law
Protecting Natural Resources - Forever: The Obligations Of State Officials To Uphold "Forever" Constitutional Provisions, Rachel E. Deming
Protecting Natural Resources - Forever: The Obligations Of State Officials To Uphold "Forever" Constitutional Provisions, Rachel E. Deming
Pace Environmental Law Review
This Article analyzes the attacks on a state constitutional conservation lands program since the election of a governor and state legislature opposed to environmental regulation in 2010 – a precursor to current happenings at the federal level under the Trump administration. Former Florida Governor Rick Scott and his administration have spent an average of over $40 million a year in taxpayer money to defend and, in most cases, pay judgments, in lawsuits challenging mandates of the Florida Constitution.
I examine this issue of ignoring or deliberately violating constitutional requirements through the lens of state constitutional provisions that protect natural resources, …
Measuring Brief (Fossil Creek Watchers, Inc.), Lowell J. Chandler, Nathan A. Burke
Measuring Brief (Fossil Creek Watchers, Inc.), Lowell J. Chandler, Nathan A. Burke
Pace Environmental Law Review Online Companion
No abstract provided.
Measuring Brief (Enerprog, Llc), Mehrded Safvati, Joshua Smith, Gabriela S. Perez
Measuring Brief (Enerprog, Llc), Mehrded Safvati, Joshua Smith, Gabriela S. Perez
Pace Environmental Law Review Online Companion
No abstract provided.
Measuring Brief (Epa), Zachary Jones, Narayan Subramanian, Shravya Govindgari
Measuring Brief (Epa), Zachary Jones, Narayan Subramanian, Shravya Govindgari
Pace Environmental Law Review Online Companion
No abstract provided.
2018 Bench Memorandum
Pace Environmental Law Review Online Companion
No abstract provided.
2018 Competition Problem
Pace Environmental Law Review Online Companion
No abstract provided.
Measuring Brief (Cordelia Lear), Haley Chee, Mahesh Cleveland, Kevin Yolken
Measuring Brief (Cordelia Lear), Haley Chee, Mahesh Cleveland, Kevin Yolken
Pace Environmental Law Review Online Companion
No abstract provided.
Measuring Brief (Brittain County, New Union), Spencer Newman, Davis Vaughn
Measuring Brief (Brittain County, New Union), Spencer Newman, Davis Vaughn
Pace Environmental Law Review Online Companion
No abstract provided.
Measuring Brief (U.S. Fish & Wildlife Service), David Sheaffer, Caitlin Brown, Jacob Simon
Measuring Brief (U.S. Fish & Wildlife Service), David Sheaffer, Caitlin Brown, Jacob Simon
Pace Environmental Law Review Online Companion
No abstract provided.
Report And Recommendations Concerning Environmental Aspects Of The New York State Constitution, New York State Bar Association Environmental And Energy Law Section
Report And Recommendations Concerning Environmental Aspects Of The New York State Constitution, New York State Bar Association Environmental And Energy Law Section
Pace Law Review
The purpose of the Report is to inform and enrich understanding of environmental issues which may be considered at a Constitutional Convention (should one occur) or with respect to proposals to amend the Constitution through the legislative process.
Updating New York’S Constitutional Environmental Rights, Nicholas A. Robinson
Updating New York’S Constitutional Environmental Rights, Nicholas A. Robinson
Pace Law Review
The stakes are high as New York State considers whether to amend the constitution. The electorate contemplates the gathering crises of sea level rise, disruption of weather patterns, intensified summer heat waves, and other climate change impacts. New York also faces escalating environmental problems, which the newly perceived climate impacts in turn exacerbate. It is timely to debate whether or not New York should recognize the right to the environment to its constitution. In 2016, the House of Delegates of the New York State Bar Association adopted the report of its committee on the constitution, regarding the environmental conservation article …
Subnational Environmental Constitutionalism And Reform In New York State, James R. May
Subnational Environmental Constitutionalism And Reform In New York State, James R. May
Pace Law Review
The State of New York’s constitution was perhaps the first in the world to embody environmental constitutionalism, most directly in what is known as its “Forever Wild” mandate from 1894. In contrast to many subnational environmental provisions, courts in New York have regularly enforced Forever Wild. New York’s Constitution also contains a remarkable mandate that every twenty years voters decide whether to hold elections for delegates to convene a convention to amend the state’s constitution, with the next such opportunity on November 7, 2017. This article explores how subnational constitutionalism from around the world informs discussions about whether and how …
Measuring Brief (Moon Moo Farm, Inc.), Paul T. Stewart, Justin J. Sterk, Erica J. Shell
Measuring Brief (Moon Moo Farm, Inc.), Paul T. Stewart, Justin J. Sterk, Erica J. Shell
Pace Environmental Law Review Online Companion
No abstract provided.
Measuring Brief (Riverwatcher, Inc. & Dean James), Mitchell Longon, Melissa Reynolds, Kathryn Tipple
Measuring Brief (Riverwatcher, Inc. & Dean James), Mitchell Longon, Melissa Reynolds, Kathryn Tipple
Pace Environmental Law Review Online Companion
No abstract provided.
Measuring Brief (United States), Lindsay Brewer, Whitney Leonard, Joya Sonnenfeldt
Measuring Brief (United States), Lindsay Brewer, Whitney Leonard, Joya Sonnenfeldt
Pace Environmental Law Review Online Companion
No abstract provided.
2015 Bench Memorandum
Pace Environmental Law Review Online Companion
No abstract provided.
2015 National Environmental Law Moot Court Competition Problem
2015 National Environmental Law Moot Court Competition Problem
Pace Environmental Law Review Online Companion
No abstract provided.
Municipal Wildfire Management In California: A Local Response To Global Climate Change, Sameer Ponkshe
Municipal Wildfire Management In California: A Local Response To Global Climate Change, Sameer Ponkshe
Pace Environmental Law Review
This Note will examine the wildfire issue in California within the context of municipal government. Part II-A will present a concise look at the current state of affairs regarding climate change, which demonstrates that because little has changed on the international level regarding emissions reductions, the responsibility of protecting people from the catastrophes associated with climate change will fall to lower levels of government. Part II-B will then discuss how wildfire activity is affected by climate change, with specific attention to how the western U.S. has been affected. Part III of this Note focuses on actions of several different municipalities …
How To Avoid Constitutional Challenges To State Based Climate Change Initiatives: A Case Study Of Rocky Mountain Farmers Union V. Corey And New York State Programs, Lauren Baron
Pace Environmental Law Review
Considering the decision in Rocky Mtn. v. Corey and the EPA's actions in accordance with the President's Plan, this comment will outline best practices states can use in creating climate initiatives based on the challenges California faced in Rocky Mtn. v. Corey. Part II of this comment will analyze the reasoning in Rocky Mtn. v. Corey. Although certiorari was denied in the case, Part II will analyze recent Supreme Court dormant Commerce Clause jurisprudence to determine which cases are relevant to consider when analyzing a dormant Commerce Clause challenge to state based climate initiatives. Part III will discuss the current …
Ending The Tyranny Of The Status Quo: Building 21st Century Environmental Law, Scott Schang, Leslie Carothers, Jay Austin
Ending The Tyranny Of The Status Quo: Building 21st Century Environmental Law, Scott Schang, Leslie Carothers, Jay Austin
Pace Environmental Law Review
Over the past few years, the Environmental Law Institute (ELI or the Institute) has worked to assess the notable successes and current challenges of United States environmental law to inform a new agenda for the twenty-first century. Founded in 1969, at the beginning of modern environmental law, the Institute has been both participant and analyst of an impressive record of major accomplishments in pollution reduction, greater protection of public health, and more intelligent conservation and management of natural resources, in both the public and the private sector. Like the majority of environmental lawyers and policy professionals examining today's challenges, we …
Environmental Law's Heartland And Frontiers, Todd S. Aagaard
Environmental Law's Heartland And Frontiers, Todd S. Aagaard
Pace Environmental Law Review
This short paper offers three propositions to help maintain the traditional core of environmental law while also expanding environmental concerns into the frontiers of the field: 1. Environmental law in the heartland and environmental law at the frontiers of the field differ in important ways. 2. The distinctive features of the heartland and frontiers provide important functional benefits for the adaptive development of environmental law in each respective area. 3. Maintaining a distinctive heartland and frontiers of environmental law creates a dialectic relationship between the two that includes tension but also, if properly managed, potential synergies.
The locus of innovation …
The Safe Drinking Water / Food Law Nexus, Margot J. Pollans
The Safe Drinking Water / Food Law Nexus, Margot J. Pollans
Pace Environmental Law Review
At 2 AM on August 2, 2014, the Ohio Environmental Protection Agency issued the following warning to the citizens of Toledo: “Do Not Drink.” The Ohio City's tap water was contaminated with microcystin, a toxin that can cause diarrhea, vomiting, and abnormal liver function. The source was an algal bloom in Lake Erie resulting from high levels of agricultural fertilizers and animal waste. For three days, Toledo residents drank only bottled water.
This is just one of many similar examples of agricultural contamination of urban drinking water supplies. Creating a physical connection between urban and rural communities, this pollution highlights …
California Climate Law---Model Or Object Lesson?, Daniel A. Farber
California Climate Law---Model Or Object Lesson?, Daniel A. Farber
Pace Environmental Law Review
In the invitation to this Symposium on Reconceptualizing the Future of Environmental Law, the organizers explained that the Symposium “focuses on the continued expansion of environmental law into distinct areas of the law, requiring an increasingly multidisciplinary approach beyond that of traditional federal regulation.” In short, the question posed is about the future proliferation of environmental measures outside the previous domains of federal environmental statutes.
At the risk of being guilty of local parochialism, I would like to discuss how the future described by the organizers has already arrived in California--both in the sense that a great deal is happening …
Environmental Law In Austerity, James Salzman, J.B. Ruhl, Jonathan Remy Nash
Environmental Law In Austerity, James Salzman, J.B. Ruhl, Jonathan Remy Nash
Pace Environmental Law Review
The EPA has always had enemies. Vigorously denouncing EPA's activities as “overzealous,” “job killing,” or a “regulatory train wreck” has become commonplace on the campaign trail and from special interest groups covered by the agency's reach. Perhaps this is to be expected, since EPA's regulations influence a remarkably wide range of activities throughout the country. The agency, though, has been subject to far more than just harsh rhetoric.
Over the past three decades, there have been concerted efforts in Congress to restrain the EPA both by legislation and, less directly, by reducing its resources. Crippling amendments have largely failed but …
Distributed, Nega-, And Reclaimed: Setting Expectations In The "New" Resource Base, Michael Pappas
Distributed, Nega-, And Reclaimed: Setting Expectations In The "New" Resource Base, Michael Pappas
Pace Environmental Law Review
At this point in time, environmental law faces the task of drawing a budget for living within our resource means, and this budget will be tightly stretched. It must provide energy, water, food, and materials to a growing population; it must cope with the depletion of formerly abundant resources; and it must act both to mitigate climate impacts and adapt to the changes already manifesting. To do this, the budgeting must consider resources and uses that have previously been considered insignificant and that have not received attention in terms of ownership, allocation, or governance. Thus, the future of environmental law …
Engines Of Environmental Innovation: Reflections On The Role Of States In The U.S. Regulatory System, Alexandra Dapolito Dunn, Chandos Culleen
Engines Of Environmental Innovation: Reflections On The Role Of States In The U.S. Regulatory System, Alexandra Dapolito Dunn, Chandos Culleen
Pace Environmental Law Review
This article focuses on the role that states play in environmental regulation. Specifically, this article offers examples of the central part in the evolution of United States environmental regulation states played in the past, continue to play today, and will play in the future. First, this article explores the history of state environmental regulation, demonstrating that despite a lack of resources, states were actively engaged in environmental regulation before the advent of the modern era of federal environmental regulation in the 1970s. This article relates not only the regulatory efforts of states, but also the practical benefits of state regulation. …
Reconceptualizing The Future Of Environmental Law: The Role Of Private Climate Governance, Michael P. Vandenbergh
Reconceptualizing The Future Of Environmental Law: The Role Of Private Climate Governance, Michael P. Vandenbergh
Pace Environmental Law Review
The title of this Symposium, Reconceptualizing the Future of Environmental Law, accurately captures the challenge facing environmental law scholars and policymakers in 2015. The success of environmental law in the future will not arise from doubling down on the approaches developed over the last 50 years. Instead, it will arise from our willingness to learn from the past without being bound by the conceptual frameworks that dominated the early development of the field.
In particular, a successful future for environmental law is more likely to emerge if we acknowledge that the environmental problems, policy plasticity, and regulatory institutions that shaped …
Pace Environmental Law Review 2015 Symposium: Reconceptualizing The Future Of Environmental Law, Cayleigh S. Eckhardt
Pace Environmental Law Review 2015 Symposium: Reconceptualizing The Future Of Environmental Law, Cayleigh S. Eckhardt
Pace Environmental Law Review
Pace Environmental Law Review's 2015 Symposium, entitled Reconceptualizing the Future of Environmental Law, can be traced back to over a year ago when a few Pace Environmental Law faculty members approached me and Katie Hatt, the Managing Editor of the law review, with an idea.1 No, not an idea, rather a question. They simply asked us, “what do you think the future holds for environmental law?” This question transformed into an extensive conversation about the past, the present, and the future of environmental law.
Measuring Brief, Susan Johnson, Mitchell Lowenthal, Rose Monahan
Measuring Brief, Susan Johnson, Mitchell Lowenthal, Rose Monahan
Pace Environmental Law Review Online Companion
No abstract provided.
Measuring Brief, Alex Acerra, Grant Campbell, Lauren Christmas
Measuring Brief, Alex Acerra, Grant Campbell, Lauren Christmas
Pace Environmental Law Review Online Companion
No abstract provided.