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Articles 1 - 30 of 192
Full-Text Articles in Law
Debate: Collaborative Environmental Law: Pro And Con, Eric W. Orts, Cary Coglianese
Debate: Collaborative Environmental Law: Pro And Con, Eric W. Orts, Cary Coglianese
All Faculty Scholarship
In this thoughtful and intricate cross-disciplinary debate, Professors Eric W. Orts, of Penn’s Wharton School, and Cary Coglianese, of Penn’s Law School, discuss the benefits and disadvantages of collaborative public policy decision making in the environmental context. It is no exaggeration to say that each year the world grows ever more aware of the nature of the environmental problems we face, and yet critical policy solutions continue to remain beyond the grasp of even the most interested parties. Professor Orts argues that it is time to embrace a different policymaking approach—that of collaborative environmental lawmaking. He argues that "the view …
Taking The Legislative Temperature: Which Federal Climate Change Legislative Proposal Is “Best”? (Part Ii), Victor B. Flatt
Taking The Legislative Temperature: Which Federal Climate Change Legislative Proposal Is “Best”? (Part Ii), Victor B. Flatt
NULR Online
No abstract provided.
Taking The Legislative Temperature: Which Federal Climate Change Legislative Proposal Is "Best"?, Victor B. Flatt
Taking The Legislative Temperature: Which Federal Climate Change Legislative Proposal Is "Best"?, Victor B. Flatt
NULR Online
No abstract provided.
A New Environmental Order: Laying The Legal And Administrative Foundation For Global Environmental Governance, Deepa Badrinarayana
A New Environmental Order: Laying The Legal And Administrative Foundation For Global Environmental Governance, Deepa Badrinarayana
Dissertations & Theses
This dissertation argues that global environmental governance can be strengthened by structuring legal and administrative mechanisms to meet the demands of the current world order. In particular, this dissertation provides a theoretical analysis of those legal and administrative mechanisms that can improve environmental governance in a globalizing world. However, since it is a theoretical analysis, this dissertation does not assert that the analysis in itself will simplify the process of strengthening the rule of law, resolve all environmental issues, or require every single environmental problem to be addressed through an international process. Rather, the objective of the analysis is to …
Targets And Timetables: Good Policy But Bad Politics?, Daniel M. Bodansky
Targets And Timetables: Good Policy But Bad Politics?, Daniel M. Bodansky
Scholarly Works
From a policy perspective, a climate architecture based on economy-wide, binding emissions targets, combined with emissions trading, has many virtues. But even such an architecture represents good climate policy, it is far more questionable whether it represents good climate politics -- at least in the near-term, for the upcoming "post-2012" negotiations. Given the wide range of differences in national perspectives and preferences regarding climate change, a more flexible, bottom-up approach may be needed, which builds on the efforts that are already beginning to emerge, by allowing different countries to assume different types of international commitments – not only absolute targets, …
International Law's Lessons For The Law Of The Lakes, Joseph W. Dellapenna
International Law's Lessons For The Law Of The Lakes, Joseph W. Dellapenna
Working Paper Series
The eight Governors of the Great Lakes States signed a proposed new compact for the Great Lakes and St. Lawrence basin on December 13, 2005, and they joined with the Premiers of Ontario and Québec in a parallel agreement on the same topic on the same day. Neither document is legally binding—the proposed new compact because it has not yet been ratified by any state nor consented to by Congress; the parallel agreement because it is not intended to be legally binding. Both documents are designed to preclude the export of water from the Great Lakes-St. Lawrence basin apart from …
Local Agriculture Perspectives In The Middle Rio Grande Valley, Cecilia Rosacker-Mccord
Local Agriculture Perspectives In The Middle Rio Grande Valley, Cecilia Rosacker-Mccord
Publications
No abstract provided.
Environmental Law News - Fall 2007
Environmental Law News - Fall 2007
Environmental Law and Justice Clinic
No abstract provided.
Eesi Newsletter, No. 3, Oct. 2007, Energy & Environmental Security Initiative (University Of Colorado Boulder)
Eesi Newsletter, No. 3, Oct. 2007, Energy & Environmental Security Initiative (University Of Colorado Boulder)
EESI: The Energy & Environmental Security Initiative [Newsletter] (2007)
No abstract provided.
Baselines Newsletter, No. 1, Fall 2007, University Of Colorado Boulder. Natural Resources Law Center
Baselines Newsletter, No. 1, Fall 2007, University Of Colorado Boulder. Natural Resources Law Center
Baselines: The Natural Resources Law Center Newsletter (2007-2011)
No abstract provided.
Incorporating Emergy Synthesis Into Environmental Law: An Integration Of Ecology, Economics, And Law, Mary Jane Angelo, Mark T. Brown
Incorporating Emergy Synthesis Into Environmental Law: An Integration Of Ecology, Economics, And Law, Mary Jane Angelo, Mark T. Brown
UF Law Faculty Publications
Emergy synthesis, flrst developed by Dr. Howard T. Odum in the 1970s, and further expanded and refined by other scholars over the past thirty years, has the potential to transform environmental decisionmaking by providing a methodology that can integrate ecology, economics, and law. Virtually all areas of environmental law are concerned in some way with both the ecological and the economic impacts of environmental decision making. Unfortunately, existing environmental law statutes tend to incorporate ecological and economic considerations in a simplistic, piecemeal, and awkward fashion. Emergy synthesis incorporates both ecological and economic considerations through a sophisticated scientiic methodology.
Emergy synthesis …
State-Corporate Crime And The Paducah Gaseous Diffusion Plant, Alan S. Bruce, Paul J. Becker
State-Corporate Crime And The Paducah Gaseous Diffusion Plant, Alan S. Bruce, Paul J. Becker
Sociology, Anthropology, and Social Work Faculty Publications
While criminologists have for some time examined state and corporate crime as separate entities, the concept of state-corporate crime highlighting joint government and private corporate action causing criminal harm is a recent area of study with relatively few published case studies (Matthews and Kauzlarich, 2000). This paper focuses on state-corporate crime at the Paducah Gaseous Diffusion Plant (PGDP) in Paducah, Kentucky, and contributes to the study of state-corporate crime in three ways: (1) it adds a new case study to a field in which there are few published accounts, (2) it assesses the utility of Kauzlarich and Kramer’s (1998) integrated …
Litigating Canada-U.S. Transboundary Harm: International Lawmaking And The Threat Of Reciprocity, Shi-Ling Hsu
Litigating Canada-U.S. Transboundary Harm: International Lawmaking And The Threat Of Reciprocity, Shi-Ling Hsu
Scholarly Publications
No abstract provided.
Climate Change, Human Health, And The Post-Cautionary Principle, Lisa Heinzerling
Climate Change, Human Health, And The Post-Cautionary Principle, Lisa Heinzerling
O'Neill Institute Papers
In this Article, I suggest two different but related ways of reframing the public discourse on climate change. First, I propose that we move further in the direction of characterizing climate change as a public health threat and not only as an environmental threat. Second, I argue that we should stop thinking of responses to climate change in terms of the precautionary principle, which counsels action even in the absence of scientific consensus about a threat. We should speak instead in terms of a ?post-cautionary? principle for a post-cautionary world, in which some very bad effects of climate change are …
Constructing The License To Operate: Internal Factors And Their Influence On Corporate Environmental Decisions, Jennifer A. Howard-Grenville, Jennifer Nash, Cary Coglianese
Constructing The License To Operate: Internal Factors And Their Influence On Corporate Environmental Decisions, Jennifer A. Howard-Grenville, Jennifer Nash, Cary Coglianese
All Faculty Scholarship
Voluntary programs intended to improve corporate environmental practices have proliferated in recent years. Why some businesses choose to participate in such voluntary programs, while others do not, remains an open question. Recent work suggests that companies’ environmental practices, including their decisions to participate in voluntary programs, are shaped by a license to operate comprised of social, regulatory, and economic pressures. Although these external factors do matter, by themselves they only partially explain business decision making, since facilities subject to similar external factors often behave differently. In this article, we draw from organizational theory to explain why we would expect a …
Advancing Environmental Law At Pace: A Personal Memoir, A Continuing Challenge, Nicholas A. Robinson
Advancing Environmental Law At Pace: A Personal Memoir, A Continuing Challenge, Nicholas A. Robinson
Elisabeth Haub School of Law Faculty Publications
How did an unaccredited law school, admitting its first students in 1976, become renowned as a national and international leader in environmental education in less than three decades? What did Pace have to attract some of America’s brightest and best college graduates to pursue their careers in environmental law in White Plains? Why did Yale Law School’s Dean Anthony Kronman, in 1999, call Pace’s program one to which “other law schools look with admiration and envy…one of the best in the country, indeed the world…”
Each generation of alumni intimately knows the answer to these questions, but through the lenses …
Seeing The Forest For The Treaties - Evolving Debates On Cdm Forest And Forestry Project Activities 10 Years After The Kyoto Protocol, Romulo Sampaio
Seeing The Forest For The Treaties - Evolving Debates On Cdm Forest And Forestry Project Activities 10 Years After The Kyoto Protocol, Romulo Sampaio
Elisabeth Haub School of Law Student Publications
No abstract provided.
Zoning, Transportation, And Climate Change, John R. Nolon
Zoning, Transportation, And Climate Change, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
On February 2, 2006, the Intergovernmental Panel on Climate Change (IPCC) expressed the consensus of the scientific community that global warming is unequivocal and that its main driver is human activity. On April 7, 2007, the IPCC issued a second report detailing the likely consequences of climate change: widening droughts, more severe storm events, increased inland flooding, sea level rise, and consequent inundation of low lying lands. The Center for Climate Systems Research at Columbia University estimates that sea levels around New York City’s boroughs will increase by five inches by 2030, with some estimates predicting up to 12 inches …
Head Of State Criminal Responsibility For Environmental War Crimes: Case Study: The Arabian Gulf Armed Conflict 1990-1991, Meshari K. Eifan
Head Of State Criminal Responsibility For Environmental War Crimes: Case Study: The Arabian Gulf Armed Conflict 1990-1991, Meshari K. Eifan
Dissertations & Theses
This paper aims to provide a comparative study of the existing international criminal law framework and its relation to environmental protection during armed conflict. To approach this objective, the study will review the environmental crisis that occurred during the armed conflict in the Arabian Gulf in 1990-1991 as a case study for determining whether the international community adequately responds to these events.
Thus, this study is divided into five main parts. Part I assesses the justifications for a remedy, the criminal remedy, that is more adequate than the United Nations remedy taken toward Saddam Hussein’s actions against the environment, a …
Farming The Ocean, Ann Powers
Farming The Ocean, Ann Powers
Elisabeth Haub School of Law Faculty Publications
Was that salmon you ate for lunch caught in the wild, chill waters of the North Atlantic? What about the mussels you had last night? Did they arrive on your table through traditional capture techniques, or were they a product of the fish-farming industry? And if so, does it matter? What else in your daily life might be a result of deliberate culture of once wild species? Protein in your pet's food, gel in your toothpaste and cosmetics, thickener in your pasta sauce, the seaweed in your sushi? For the most part we pay little attention to where our foods …
Coastal Regulation In South Carolina: Will The Rising Sea Change The Nature Of Governing Law, Kim Diana Connolly
Coastal Regulation In South Carolina: Will The Rising Sea Change The Nature Of Governing Law, Kim Diana Connolly
Other Scholarship
No abstract provided.
The Implications Of Climate Change Litigation For International Environmental Law-Making, David B. Hunter
The Implications Of Climate Change Litigation For International Environmental Law-Making, David B. Hunter
Working Papers
Climate advocates are increasingly raising specific climate change concerns before domestic courts, human rights tribunals, international commissions and other national and international decisionmaking bodies. Win or lose, these litigation strategies are significantly changing and enhancing the public dialogue around climate change. This article discusses the awareness-building impacts of climate litigation as well as related impacts such strategies may have on the development of climate law and policy. The article argues that litigation's focus on specific victims facing immediate threats from climate change has increased the political will to address climate change both internationally and nationally. It has also shifted the …
A Basin-Wide Approach To Water Management In The Middle Rio Grande Valley, Rolf Schmidt-Petersen
A Basin-Wide Approach To Water Management In The Middle Rio Grande Valley, Rolf Schmidt-Petersen
Publications
No abstract provided.
Land Use Regulation: The Weak Link In Environmental Protection, A. Dan Tarlock
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.
A Brief On Biosolids: Options For Biosolids Management, California Research Bureau
A Brief On Biosolids: Options For Biosolids Management, California Research Bureau
California Agencies
Biosolids are municipal sewage treated to meet federal and state standards required for land application. This paper describes the production and management of biosolids in California; the regulatory framework that controls the use and disposal of biosolids; and, the controversy surrounding their use as a soil amendment and alternatives to the current management practices for biosolids with emphasis on their potential use as a source of energy.
Eesi Newsletter, No. 2, Aug. 2007, Energy & Environmental Security Initiative (University Of Colorado Boulder)
Eesi Newsletter, No. 2, Aug. 2007, Energy & Environmental Security Initiative (University Of Colorado Boulder)
EESI: The Energy & Environmental Security Initiative [Newsletter] (2007)
No abstract provided.
Climate Change As A Global Challenge, Nicholas A. Robinson
Climate Change As A Global Challenge, Nicholas A. Robinson
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
Water Wars -- Will Georgia, Alabama And Florida Ever Agree?, Peter A. Appel
Water Wars -- Will Georgia, Alabama And Florida Ever Agree?, Peter A. Appel
Popular Media
Associate Professor Peter Appel outlines the current status of the ongoing water wars between Georgia, Alabama and Florida.
Access To Parkland: Environmental Justice At East Bay Parks, Paul Stanton Kibel
Access To Parkland: Environmental Justice At East Bay Parks, Paul Stanton Kibel
Environmental Law and Justice Clinic
In the United States, the environmental justice movement began with a focus on the inequitable burden of toxic exposures placed on low-income minority residents. There is now an increasing recognition that low-income minority residents also often face inequitable access to environmental amenities such as open space, parks and wilderness. Access to Parkland: Environmental Justice at East Bay Parks examines questions of equity for low-income minority residents related to the parkland holdings of the East Bay Regional Park District, the agency that manages close to 100,000 park acres in Alameda and Contra Costa counties east of San Francisco Bay.
Roots Of The Grassroots: An Introduction To The Issue, Paul Stanton Kibel, Edward J. Lubarsky
Roots Of The Grassroots: An Introduction To The Issue, Paul Stanton Kibel, Edward J. Lubarsky
Publications
No abstract provided.