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Full-Text Articles in Law
Book Review, Environmental Law And Sustainability After Rio, David Wirth
Book Review, Environmental Law And Sustainability After Rio, David Wirth
David A. Wirth
Review of an accessible collection of essays from around the world, offering insights into legal and political issues surrounding environmental law and sustainability.
Legalising Environmental Leadership: A Comment On The Cjeu's Ruling In C-366/10 On The Inclusion Of Aviation In The Eu Emissions Trading Scheme, Sanja Bogojevic
Legalising Environmental Leadership: A Comment On The Cjeu's Ruling In C-366/10 On The Inclusion Of Aviation In The Eu Emissions Trading Scheme, Sanja Bogojevic
Sanja Bogojević
This article examines the recent judgment in case C-366/10 in which the CJEU upheld the widened scope of the EU Emissions Trading Scheme, to include aviation, against a challenge by US airlines. At the core of this case stands the question of the extent to which, if at all, the EU is allowed to unilaterally control greenhouse gas emissions from aviation given that to date these are unregulated at an international level. As such, this is a case concerning the legitimacy of regional regulatory responses to global institutional failings. What the court does is to legitimise EU’s leading role in …
The Unfinished Story Of The Rio Plus 20 Conference, John Dernbach
The Unfinished Story Of The Rio Plus 20 Conference, John Dernbach
John C. Dernbach
Reporting on the 2012 U.N. Conference on Sustainable Development (or Rio+20 conference) has generally followed two lines: the conference was essentially a failure because of its tepid official response to the enormous and related problems of global environmental degradation and global poverty; and the conference successfully managed to mobilize hundreds of voluntary commitments and at least $513 billion for specific sustainability goals. A third story line has received little attention, however, and may redeem the account of official failure. This article addresses that story line, reviewing a series of processes set in motion by the parties to the conference that …
The Law Of Words: Standing, Environment, And Other Contested Terms, David Cassuto
The Law Of Words: Standing, Environment, And Other Contested Terms, David Cassuto
David N Cassuto
Friends of the Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc., 528 U.S. 167 (2000), exposes fundamental incoherencies within environmental standing doctrine, even while it ostensibly makes standing easier to prove for plaintiffs in environmental citizen suits. According to Laidlaw, an environmental plaintiff needs only to show personal injury to satisfy Article III's standing requirement; she need not show that the alleged statutory violation actually harms the environment. This Article argues that Laidlaw's distinction between injury to the plaintiff and harm to the environment is nonsensical. Both the majority and dissent in Laidlaw incorrectly assume that there exists an objective …
When Will America, World Make Sustainability A Priority?, John Dernbach
When Will America, World Make Sustainability A Priority?, John Dernbach
John C. Dernbach
No abstract provided.
Water Quality Trading In The Chesapeake Bay, Rena Steinzor, Nicholas Vidargas, Shana Jones, Yee Huang
Water Quality Trading In The Chesapeake Bay, Rena Steinzor, Nicholas Vidargas, Shana Jones, Yee Huang
Rena I. Steinzor
In May 2009, President Obama issued an Executive Order on Chesapeake Bay Protection and Restoration, declaring the Bay a national treasure and signaling that EPA will play a strong role in leading Bay cleanup. The order marked a dramatic departure, offering the promise of federal leadership on Bay cleanup. The following year, EPA issued a Chesapeake Total Maximum Daily Load (TMDL), a pollution budget for Bay states. Faced with a federal commitment, the states have begun work on complying with the TMDL. One Bay-wide approach under consideration is a market-based initiative, water quality trading, that would allow polluters to trade …
Sustaining America, John Dernbach
Sustaining America, John Dernbach
John C. Dernbach
This essay summarizes U.S. sustainability efforts over the two decades since the U.N. Conference on Environment and Development (or Earth Summit) in 1992. It also summarizes basic findings and recommendations from Acting as if Tomorrow Matters: Accelerating the Transition to Sustainability (Environmental Law Institute 2012). Drawing on the expertise of more than four dozen sustainability practitioners in a variety of fields, the book teases from the limited progress made in the United States over the past two decades the overall patterns for that progress. It also reviews the most significant obstacles to sustainability, again showing patterns in those obstacles across …
Constitutional Protection For Environmental Rights: The Benefits Of Environmental Process, Erin Daly
Constitutional Protection For Environmental Rights: The Benefits Of Environmental Process, Erin Daly
Erin Daly
More and more constitutions around the world -- from Bangladesh to Bolivia, and from the Philippines to the countries of the EU -- are explicitly protecting environmental rights and the values of a clean and healthy environment. In many instances, environmental rights are recognized not as substantive entitlements (which would allow litigants to sue if the government polluted their rivers or clearcut their forests), but as procedural rights. Examples of procedural rights include imposing on governments the obligation to consult with communities before they take actions that will affect their environment or giving individuals the right to participate in governmental …