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Full-Text Articles in Law

Environmental Refugees? Rethinking What’S In A Name, Elizabeth Keyes Jan 2019

Environmental Refugees? Rethinking What’S In A Name, Elizabeth Keyes

All Faculty Scholarship

The phrase “environmental refugee” summons a compelling image of someone forced to relocate due to climate change. The phrase has been used effectively to raise awareness of such diverse problems as the rising sea levels that are submerging some Pacific islands, as well as the increased impact of natural disasters like hurricanes and earthquakes which cause a mixture of temporary and permanent migration. As climate change accelerates, and its human costs become ever clearer, it is completely appropriate and necessary to respond to these migrations, and a number of international initiatives are underway to do so.

As these initiatives go ...


The Law And Economics Of Corporate Social Responsibility And Greenwashing, Miriam A. Cherry Jan 2014

The Law And Economics Of Corporate Social Responsibility And Greenwashing, Miriam A. Cherry

All Faculty Scholarship

In this symposium article, I explore the concept of greenwashing in more depth. In the first part of the article, I start with first principles, looking at the origins of greenwashing, its definitions, and identifying theeconomic incentives that lead firms into the practice. The second part of this article examines the legal structure that allows greenwashing to occur, and with it, explores the pervasiveness and extent ofgreenwashing. The third part of this article articulates the harms of greenwashing. Intuitively, greenwashing involves deception, falsity, and hypocrisy that reflexively seem problematic. Precisely identifying the actual harm inflicted by some forms of greenwashing ...


Planning For A Bull Market For Wetlands, Fred P. Bosselman Feb 2009

Planning For A Bull Market For Wetlands, Fred P. Bosselman

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Until recently, wetlands had value in the marketplace only as targets for destruction. Today, wetlands often have market value for uses that do not require that they be dredged and filled. Such opportunities include: 1. Carbon storage offsets for greenhouse gas emissions; 2. Mitigation banks for destruction of other wetlands; 3. Conservation banks for wildlife protection; 4. Tradable water quality protection rights; 5. Sites for growing algae or other biofuel crops. These new uses have valid public benefits, but most laws and ordinances were not written with these possibilities in mind. Planners and lawyers need to think about ways to ...


Land Use Regulation: The Weak Link In Environmental Protection, A. Dan Tarlock Aug 2007

Land Use Regulation: The Weak Link In Environmental Protection, A. Dan Tarlock

All Faculty Scholarship

Professor William Rodgers is one of the handful of legal academics who have shaped and influenced environmental law since it was created out of whole cloth in the late 1960s. The staggering quantity, quality, breadth, and creativity of his scholarship are perhaps unrivaled among his peers. It is easy to criticize the gap between the environmental problems that society faces and the inadequate legal tools and institutions that we have created to confront them. Professor Rodgers has always been able to see both the deep flaws in environmental law and the possibilities for more responsive legal regimes.


Fourth Amendment And Statutory Limitations On Entry And Inspection Of Commercial Property In Environmental Enforcement, Steven A.G. Davison Oct 1982

Fourth Amendment And Statutory Limitations On Entry And Inspection Of Commercial Property In Environmental Enforcement, Steven A.G. Davison

All Faculty Scholarship

No abstract provided.


The Asphalting Of America: How The Government Subsidizes Highway Pollution In The Boswash Smog Bank, James Sullivan, Kenneth Lasson Jan 1972

The Asphalting Of America: How The Government Subsidizes Highway Pollution In The Boswash Smog Bank, James Sullivan, Kenneth Lasson

All Faculty Scholarship

This article discusses the problem of air and noise pollution caused by motor vehicles circa the time of the article's writing (1972), and the public interest in dealing with these problems, in the light of federal government's conflicting interest in creating more roads. Mentioned is the fact that construction of more highways seems to be the federal government's answer to traffic congestion, while another point of view is that more highways encourages a rise in the number of motor vehicles on those roads. The article ends with some suggestions for how to deal with these problems.


The Legal Control Of Population Growth And Distribution In A Quality Environment: The Land Use Alternatives, Richard D. Lamm, Steven A.G. Davison Jan 1972

The Legal Control Of Population Growth And Distribution In A Quality Environment: The Land Use Alternatives, Richard D. Lamm, Steven A.G. Davison

All Faculty Scholarship

No abstract provided.


Environmental Class Actions Seeking Damages: The Need For Environmental Class Action Suits, Richard D. Lamm, Steven A.G. Davison Jan 1971

Environmental Class Actions Seeking Damages: The Need For Environmental Class Action Suits, Richard D. Lamm, Steven A.G. Davison

All Faculty Scholarship

No abstract provided.